In the wake of a tragic incident in Auburn earlier this summer, the state’s approach to indigent legal services has come under intense scrutiny. A dangerous individual, unable to secure a court-appointed attorney for weeks, was released on reduced bail and subsequently committed a violent crime which led to a tragic loss of life and property. This incident emphasizes the critical need to reform Maine’s indigent legal services system to ensure that constitutional rights are upheld and public safety is truly protected.
The Auburn Incident
The Auburn tragedy began with Leein Amos Hinkley, a 43-year-old man facing domestic violence assault charges and a probation violation. Hinkley had been waiting for a court-appointed attorney for weeks but was unable to secure legal representation. Due to constitutional constraints, which prevent indefinite detention without legal counsel and require a timely trial, Judge Sarah Churchill reduced Hinkley’s bail from $5,000 to $1,500 and ordered house arrest. However, when Hinkley posted bail and was released, he attacked his ex-girlfriend’s current boyfriend, killed him and set her house on fire. That fire then spread to a neighboring home, causing further property damage.
Police Unions’ Statement
Michael Edes, who represents the Maine Fraternal Order of Police and the Maine State Troopers Association, issued a statement on behalf of police unions stating that responsibility for the tragedy “squarely falls” on Judge Churchill.
Edes argued that Judge Churchill’s decision to lower Hinkley’s bail and remove his probation provisions led directly to his release and subsequent actions. He mentioned Hinkley’s violent history, including a stabbing incident in 2011 and a recent assault on his ex-girlfriend, emphasizing the danger he posed.
Edes explained that probation officers had urged the court to enforce the remaining five years of Hinkley’s sentence following his May 24 assault on his ex-girlfriend, which included dragging her by hand and choking her. The Androscoggin County District Attorney, Neil McLean, confirmed that his office had strongly opposed Hinkley’s release, labeling him a “dangerous human being.”
Maine Judicial System’s Response
In defense of Judge Churchill, the Maine Judicial System issued a rare statement emphasizing that the judge acted correctly and within the confines of the law. Chief Justice Valerie Stanfill of the Maine Supreme Judicial Court stressed that the lack of available attorneys for appointment constituted a constitutional crisis.
“Our system of justice depends on all the parts of the system being adequately resourced so that the parts can work together toward a just end for everyone. If one or more of the parts is inadequately funded, or missing altogether, the system will break down,” Stanfill said.
Judge Stanfill highlighted the difficult decisions judges must make daily in the process of balancing constitutional rights with public safety. She pointed out that the responsibility for providing qualified attorneys to indigent defendants lies with the Maine Commission on Public Defense Services (and ultimately the Legislature), not on individual judges. The judiciary defended Churchill’s decision, arguing that she had no choice but to lower Hinkley’s bail due to the state’s failure to provide timely legal representation.
Governor Mills’ Statement
Gov. Janet Mills criticized Judge Churchill’s decision to lower Hinkley’s bail. In a statement released on June 20, Gov. Mills expressed her disapproval, saying,
“Based on the facts of the case and my experience as a former defense attorney, district attorney, and attorney general, I strongly disagree with the Judge’s decision. I recognize and appreciate that judges make difficult decisions every day, balancing Constitutional rights, including the right to counsel, with many other considerations – chief among them being the safety of the public. In my view, given the severity of the charges, the defendant’s criminal history and the serious danger he posed, these important, competing interests were not properly balanced in this case.”
Gov. Mills highlighted her heartbreak for the victims and their families, the neighbors who lost their home and the community members affected by the tragedy. She noted that Hinkley had temporary legal counsel during his court appearances and that Judge Churchill could have appointed one of these attorneys as his permanent representative.
Mills then pointed out a broader systemic issue: the lack of sufficient rostered attorneys with the Maine Commission on Public Defense Services. She indicated her intention to work with various stakeholders, including the commission’s chairman, to improve the delivery of legal services and prevent similar incidents in the future.
History of Indigent Legal Services in Maine
Until 2023, Maine was the only state in the nation without a public defender’s office. The state’s approach to indigent legal services has historically relied on private attorneys rather than a formal public defender’s office. The attorneys signed up to be appointed by the court and were compensated on an hourly basis. Although that approach was once robust, with 300-400 attorneys participating in the system, over time, the number of attorneys willing to take on indigent cases reduced to fewer than 200. This has made indigent legal services in Maine come under increasing scrutiny due to issues such as attorney shortages, case backlogs, and the failure to meet constitutional obligations to provide timely legal representation.
Jim Billings, Executive Director of the Maine Commission of Indigent Legal Services, highlighted the severity of the situation, “There are 25 to 30 thousand cases of the type that we provide services for pending in the courts,” Billings said in December 2023.
This backlog has left people who qualify for state-appointed attorneys in limbo, some of whom are sitting in jail without legal representation.
ACLU Lawsuit Against Maine
In response to the systemic failures in the state’s indigent legal services system, the ACLU of Maine filed a class action lawsuit, Robbins v. Maine Commission on Indigent Legal Services, in July 2022. The lawsuit represented thousands of indigent defendants in Maine and alleged that the state has violated the Constitution by failing to provide effective assistance of counsel to indigent people. Despite extensive settlement negotiations, the court rejected the proposed agreements, prompting the ACLU to return to litigation.
As of March 2024, the ACLU filed an amended lawsuit that highlights the escalating crisis where individuals charged with crimes are waiting weeks before receiving legal representation. The amended lawsuit includes new claims of denial of counsel and unlawful detention against county sheriffs and the state for imprisoning indigent defendants without providing counsel. The state’s opposition and subsequent appeal delayed the case, but the Court denied the appeal, allowing the case to proceed.
On May 23, 2024, the court allowed the ACLU to name the Attorney General as a new defendant and proceed with updated claims. The trial, initially expected to begin in June 2024, is now anticipated to start in the fall of 2024. The ACLU aims to address the comprehensive failures of the current system and ensure that all individuals, regardless of their financial status, receive the constitutional right to effective legal representation.
Recent Legislative Reforms
The Maine Legislature has made some efforts to reform the system. LD 2219 has tasked the Maine Commission on Public Defense Services to ensure high-quality, and effective legal representation for indigent defendants across criminal, juvenile, and child protective cases. The commission is responsible for setting standards for eligibility, qualifications, and caseloads, as well as overseeing the legal services provided.
Additionally, a new rule on the fee schedule and administrative procedures for court-assigned counsel has been authorized through the LD 2018. It is to improve oversight, transparency, and efficiency in Maine’s public defense system, and to ensure that all individuals, regardless of their financial status, receive fair and competent legal representation. The state’s supplemental budget also allocated funds to increase the hourly rate of lawyers providing services from $80 an hour to $150.
Further, the legislature created the state’s first public defender’s office, which officially began operations in Augusta in 2023. The office started with five attorneys working from a temporary location and is set to expand both in staff and physical space.
According to Billings, the previous model of relying solely on private attorneys was no longer sustainable.
The new public defender’s office is supposed to improve the delivery of legal services in Maine. Frayla Tarpinian, the first lawyer to join the team, emphasized the importance of building capacity in the system to handle the backlog of cases and ensure timely legal representation.
Billings and Tarpinian highlighted the benefits of a dedicated physical space for fostering team collaboration and maintaining a strong relationship with the courts. Looking ahead, Billings is optimistic about expanding the public defender network, with plans to establish six more offices across the state by 2025.
Transitioning from a reliance on private attorneys to establishing a dedicated office is expected to address the longstanding issues of attorney shortages and case backlogs. This reform is intended to enhance the capacity and efficiency of legal representation for indigent defendants and uphold their constitutional rights.
Future Reforms
The tragic incident in Auburn stresses the urgent need for comprehensive reforms to Maine’s indigent legal services system. One of the primary reforms should be the establishment and expansion of a robust public defender’s office throughout the state. While Maine has recently created its first public defender’s office, the scope needs to be significantly broadened. Ensuring that every county has sufficient public defenders who are well-trained, adequately resourced and supported is essential. This would mitigate the delays and deficiencies in representation that currently plague the system. It will also prevent dangerous individuals from being released due to procedural shortcomings.
Increasing funding for indigent legal services is imperative. This isn’t discretionary spending – but rather spending that directly relates to protecting Mainers’ constitutional rights. Adequate compensation for public defenders and court-appointed attorneys should attract more skilled lawyers to the system, reduce the current shortage and ensure that all defendants receive competent and timely legal assistance.
Conclusion
The Auburn incident has brought to light the urgent need to improve Maine’s indigent legal services. The state must take decisive action to uphold the constitutional rights of its citizens and prevent future tragedies. The right to legal representation is a fundamental aspect of a fair and just legal system. Investing in robust indigent legal services is not only a constitutional mandate but also a crucial step in safeguarding public safety and ensuring justice for all.
Afua Kwarteng is a graduate student at the University of Maine pursuing a dual MBA and Global Policy degree. She graduated from the University of Ghana with a BA in Political Science and Swahili. She is passionate about state and international policy and is serving as Maine Policy Institute’s 2024 communications intern.