REPORT ADDENDUM: THE RIGHT TO CRIMINAL LEGAL DEFENSE IN MAINE

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Maine Advisory Committee to the U.S. Commission on Civil Rights

Report Addendum:

The Right to Criminal Legal Defense in Maine

We, the members of the Maine Advisory Committee to the U.S. Commission on Civil Rights, 

released a report on November 1, 2023 detailing the impact of Maine’s system of criminal defense 

on the civil rights of indigent criminal defendants. Since the report’s release, the environment 

surrounding indigent legal services in Maine continues to receive much public attention, yet a 

system of public defense has not yet been fully funded. 

Within this context, our Committee sought to understand the current barriers to fully funding a 

system for indigent public defense in Maine. The Committee heard testimony on December 14, 

20231from State Senator and Chair of the legislature’s Judiciary Committee Anne Carney and 

Maine Commission on Indigent Legal Services (MCILS)2 Executive Director Jim Billings on what 

barriers they thought existed to fully funding a system for public defense in Maine, a system that 

would include full-time state-run offices and attorneys as well as private contracted attorneys. 

Committee members were encouraged by their testimony, which indicated that support for 

expanding full-time dedicated offices and attorneys for public defense in Maine is growing.

Barriers to fully funding such a system remain, but the testimony highlights promising proposals 

and opportunities that have the potential to overcome the existing barriers.

A key barrier to fully funding a public defense system has been a lack of consensus as to how 

to address issues in the current defense system.

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1 Materials related to this briefing, including the transcript, are available here: 

https://securisync.intermedia.net/us2/s/folder?public_share=409J0xbKeIQ2vuMJBvQond0011ef58&id=L01FL0luZ

GlnZW50IFNlcnZpY2Vz

2 At the time of the Committee’s study, this office was called the Maine Commission on Indigent Legal Services, but 

will be known as the Maine Commission on Public Defense Services following implementation of LD 653. 

3 Carney Testimony, p. 4 lines 13-16; Billings Testimony, p. 5 lines 22-27
REPORT ADDENDUM: THE RIGHT TO CRIMINAL LEGAL DEFENSE IN MAINE

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Executive Director Billings argued that a lack of agreement within the Legislature regarding what

government funding allocations are required versus optional poses a barrier to fully funding a 

system of public defense.4 Despite the constitutional mandate for right to counsel,5indigent legal 

services in Maine are often funded by leftover or supplemental budget allocations, which creates 

barriers to fully funding an effective system of public defense.

6 Senator Carney added that the 

Legislature must simultaneously uphold its constitutional mandate to provide right to counsel 

while also maintaining a balanced budget; she contended that increased legislative support for a 

system of public defense may lead to more permanent funding allocations for indigent legal 

services.

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Recent legislative attention to the defense system has altered indigent legal services, yet 

sustainable funding and capacity building are still needed to overcome barriers to 

implementing a system of public defense.8 

Senator Carney described a number of legislative initiatives enacted in the past three years,

including measures that strengthened the contracted attorney system such as increased hourly 

reimbursement rates for contracted attorneys, additional support and training for contracted 

attorneys, and increased authority for MCILS to supervise contracted attorneys.

9 She also 

discussed initiatives that encouraged a transition towards state-run public defense in Maine, such 

as the establishment of the Rural Defender Unit and the funding of a Deputy Director of Public 

Defense Development position.

10 She stated that these changes allowed the Legislature to better 

understand how the current system needed to change, which has fostered more political support 

for transitioning towards a public defense system.

11 Despite increased support for a state-run 

system of public defense, on par with the state’s prosecutors’ offices, barriers may still arise in 

building out and sustaining funding for a new public defense system.

4 Billings Testimony, p. 5 lines 25-29

5 The state cannot incarcerate a defendant for any period of time, without providing counsel: a defendant’s right to 

an attorney is found in the Sixth Amendment of the U.S. Constitution (Gideon v. Wainwright, 372 U.S. 335, 344-345 

(1963), which guarantees the assistance of counsel for the accused facing actual incarceration. This means that a 

defendant facing incarceration has a constitutional right to be represented by an attorney, and if they cannot 

afford one, the state government must appoint legal counsel, at no cost to the defendant. The Supreme Court has 

held that the right to legal counsel guaranteed by the Sixth Amendment requires that the legal counsel is 

“effective" and must include “meaningful adversarial testing” of the prosecutor’s case (U.S. v. Cronic, 466 U.S. 648, 

659-60 (1984). Maine’s own Constitution guarantees indigent persons the right to counsel when imprisonment will 

actually be imposed under State v. Cook (State v. Cook, 706 A.2d 603, 605, 1998 ME 40, ¶ 6 (Me.,1998).

6 Billings Testimony, p. 5 lines 31-44

7 Carney Testimony, p. 4 lines 21-30; Carney Testimony, p. 10 lines 8-21

8 Carney Testimony, p. 4 line 16 – p. 5 line 7; Billings Testimony, p. 9 line 29 – p. 10 line 6

9 Carney Testimony p. 3 lines 10-21; Carney Testimony, p. 3 lines 30-40

10 Carney Testimony, p. 3 lines 18-26; Carney Testimony, p. 3 line 41 – p. 4 line 8

11 Carney Testimony p. 4 lines 9-20
REPORT ADDENDUM: THE RIGHT TO CRIMINAL LEGAL DEFENSE IN MAINE

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Executive Director Billings explained that moving to a new public defense system will require 

sustained funding and time to build the capacity of the new public defense offices, and that the 

long-run benefits will outweigh high initial costs.

12 Both Senator Carney and Executive Director 

Billings expressed optimism about MCILS goals that include creating public defense offices and 

gradually scaling them up with staff and resources as a realistic starting point for building up the 

capacity of public defense offices to serve public defense needs throughout the state.13

Additional barriers to fully funding Maine’s public defense system include the failure to 

recognize how the current system disincentivizes public defense attorneys from pursuing

employment opportunities within the State.14

Executive Director Billings highlighted how transitioning to a public defense system could expand 

job opportunities within the state by attracting new and passionate attorneys to Maine, whereas the 

current contracted attorney system fails to provide an incentive to criminal defense attorneys to 

move to and prove indigent legal services in Maine.

15 Both Senator Carney and Executive Director 

Billings expressed interest and enthusiasm about attracting a labor pool of public defenders to 

Maine through student loan forgiveness programs, mentorship opportunities within public 

defenses offices, and partnerships with law schools in Maine and elsewhere.16

Recommendations

As an Advisory Committee to the U.S. Commission on Civil Rights, we request that the 

Commission forward the report and its recommendations, along with this statement, to the Maine 

Legislature’s leadership, the Governor’s Office, and the Judiciary:

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We recommend that Maine’s Legislature allocate sustainable, long-term funding to building 

a system for public defense in Maine in line with the proposed plan by MCILS. We urge the 

Governor to support funding allocations by the Legislature that are in alignment with this 

recommendation.

12 Billings Testimony, p. 9 line 21 – p. 10 line 6

13 Carney Testimony, p. 4, lines 16-20; Billings Testimony, p. 7 lines 6-18.

14 Billings Testimony p. 6 lines 13-25

15 Billings Testimony, p. 6 lines 13-37

16 Carney Testimony, p. 11 lines 15-22, p. 13 lines 18-26; Billings Testimony, p. 6 line 38 – p. 7 line 5, p. 12 lines 16-

23, p. 12 line 41 – p. 13 line 16

17 As of March 14, 2024, the case of Robbins v. MCILS is moving towards trial because the Court has not agreed to 

the parties’ proposed settlements See Robbins v. MCILS, No. KENSC-CV-22-54 (Me. Super. Jun. 2, 2022). The 

lawsuit alleges that Maine's “systemic failures deprive indigent defendants facing criminal proceedings in Maine of 

their Sixth Amendment right to the effective assistance of counsel." (Aclumaine.org)
REPORT ADDENDUM: THE RIGHT TO CRIMINAL LEGAL DEFENSE IN MAINE

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We also recommend that, while building a system for public defense in Maine, the 

Legislature and involved parties, which includes the Governor’s Office, Chief Justice and 

members of the Judiciary, and MCILS, prioritize creating a system that embodies parity 

between prosecution and public defense in equality of representation and the resources 

allocated to support representation.

Finally, our Committee recommends the Legislature, Governor’s Office, and MCILS pursue 

initiatives that will attract and support new attorneys that are interested in practicing public 

defense in Maine through student loan forgiveness programs, mentorship within new public 

defense offices, and partnerships with law schools.

With these changes, we believe there can be significant and sustainable progress towards ensuring 

Maine meets its Constitutional obligations. This addendum was adopted by a vote of 5 to 0 at a 

Committee meeting held March 14, 2024. 

Maine Advisory Committee to the 

U.S. Commission on Civil Rights

April 15, 2020 – April 14, 2024 

Samantha Le, Chair, Maine Advisory Committee, Bangor

Diane A. Khiel, Vice Chair, Orono

Mufalo Chitham, Old Orchard Beach

Gia Drew, Portland

Judith D. Jones, Camden

Eric M. Mehnert, Lincoln

Nicole Rancourt, Minot
REPORT ADDENDUM: THE RIGHT TO CRIMINAL LEGAL DEFENSE IN MAINE

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Maine Advisory Committee to the 

United States Commission on Civil Rights

U.S. Commission on Civil Rights Contact

USCCR Contact Regional Programs Unit

U.S. Commission on Civil Rights

230 S. Dearborn, Suite 2120

Chicago IL, 60604

(312) 353-8311

This advisory memorandum is the work of the Maine Advisory Committee to the U.S. Commission on

Civil Rights. The interim report, which may rely on studies and data generated by third parties, is not

subject to an independent review by Commission staff. Advisory Committee reports to the Commission

are wholly independent and reviewed by Commission staff only for legal and procedural compliance with

Commission policies and procedures. Advisory Committee reports are not subject to Commission

approval, fact-checking, or policy changes. The views expressed in this memorandum and the findings

and recommendations contained herein are those of a majority of the Advisory Committee members and

do not necessarily represent the views of the Commission or its individual members, nor do they represent

the policies of the U.S. Government.