The court’s order will allow the ACLU of Maine to hold the entirety of the state government accountable for systemically denying hundreds of people their right to an attorney.
PORTLAND – The Kennebec County Superior Court yesterday allowed the ACLU of Maine to name the ‘State of Maine’ as a defendant in its lawsuit challenging the state’s failure to uphold people’s Sixth Amendment right to counsel. The court rejected the state’s appeal that it “enjoys absolute immunity,” writing that the state “bears the ultimate responsibility for furnishing counsel” to people charged with a crime who cannot afford an attorney.
“Today’s order shows that it is time for the finger-pointing to stop. Just as the U.S. Supreme Court ruled 61 years ago, the entirety of government is responsible for upholding the people’s right to an attorney – not one agency, one official, or one branch of government,” said ACLU of Maine Legal Director Carol Garvan. “The crisis is getting worse by the day, with hundreds of people waiting weeks or months for an attorney. This order will allow us to address the full scope of this crisis.”
Earlier this year, the ACLU of Maine expanded its claims in the lawsuit. The organization added new facts and legal claims focused on the escalating crisis of people being charged with a crime and then waiting weeks and even months before getting an attorney.
Since litigation began in 2022, matters have become gravely worse, with Maine’s Chief Justice calling it a “constitutional crisis.” An ACLU of Maine report shows the number of people denied their right to an attorney has skyrocketed, growing 507% from November 2023 to July 2024. As of late July, 643 people were being denied their right to counsel. 168 of them were incarcerated with no legal representation and 413 had been denied an attorney for at least 30 days.
