The Kennebec County Superior Court ruled the State of Maine is violating the Sixth Amendment rights of hundreds of people by failing to provide attorneys to people charged with a crime.
The Kennebec County Superior Court on Friday ruled the State of Maine has routinely violated hundreds of people’s Sixth Amendment right to effective assistance of counsel. The court ruled in favor of the ACLU of Maine on several claims, writing that the “Sixth Amendment demands continuous representation in Maine from the time the right attaches, and at all stages of the criminal process.”
“After years of litigation, the ACLU of Maine celebrates this decision confirming that our state has failed to uphold people’s Sixth Amendment right to counsel and must take action to end this crisis,” said ACLU of Maine Executive Director Molly Curren Rowles. “Today’s decision confirms that the right to counsel is fundamental and meaningful. We look forward to the next steps in this case and to a future in which all Mainers are afforded their rights under the Constitution.”
In the decision, the court also agreed with the ACLU of Maine’s arguments that access to counsel is required during plea negotiations, bail hearings, and pretrial investigation, finding that each of these stages is critical under the Sixth Amendment.
As of Friday, January 2, there were over 930 cases without representation. Over the past year, several hundred people have remained behind bars while being denied their right to an attorney. When the state chooses to charge a person with a crime, it is the state's responsibility to provide adequate legal counsel to those who cannot afford an attorney – because a person's freedom should never depend on their wealth.
The issues of next steps and how this constitutional crisis can be resolved will be explored in a hearing later this month. Read the court's decision here or in the PDF at the bottom of this page.
