On June 25 in Caribou, Judge Stephen Nelson faced a constitutional dilemma. Prosecutors had charged a defendant with aggravated drug trafficking, furnishing and possession nearly three weeks prior, but he still didn’t have an attorney.
“The court finds that there has been a violation of his constitutional rights to counsel,” Nelson said. “It’s been an unreasonable period of time. This is a very serious case.”
At these hearings, judges decide when a delay in the assignment of counsel becomes a denial — and a constitutional violation. Case law provides some guidance but no clear rules, forcing judges to interpret when Maine is violating the constitutional rights of defendants, and if so, whether to do anything about it.
The Monitor has identified 10 cases in Androscoggin and Aroostook counties where judges found Sixth Amendment violations, and there are likely more. Some are memorialized in written opinions, while others are denoted only by a check mark on a paper form.this year, with the number of cases without an attorney jumping from 250 in early January to nearly 850 this month.
“The Oregon decision basically said that the Sixth Amendment rights are not a ‘Jack in the Box’ style right that appear periodically in certain types of hearings,” Neil Prendergrast argued in Caribou Superior Court on June 24, when he was serving as lawyer of the day. Attorney Mitchel Roberge often serves as the lawyer of the day at the Lewiston District Court. He told The Monitor that some judges seem to see a remedy for constitutional violations as providing “something for nothing,” noting there are cases in which the defendant would likely never get their bail reduced if they had an attorney argue for them.
After the Auburn shootout that followed his release, criticism of Churchill’s decision quickly followed. The Maine Fraternal Order of Policeshe “strongly disagreed” with Churchill’s decision, but acknowledged “there are simply not enough rostered attorneys with the Maine Commission on Public Defense Services — a larger systemic issue that also contributed to this tragic situation.
“In times of tragedy, it is tempting to sacrifice these protections as luxuries we can ill afford instead of understanding that they are protections that safeguard us all,” Billings wrote.“We have a right to provide competent counsel. Is that happening in Maine? It isn’t and it’s shocking,” said Cummins. If a case results in a Sixth Amendment violation, he said, then the judge should dismiss it.
“The prolonged absence of counsel compromises his ability to prepare a defense, gather evidence and develop legal strategies,” she wrote. “There is no reduction of cash bail or lifting of bail conditions the Court could do that would compensate for the lost time.” But the current system isn’t decades old. It dates to 2009, when the legislature created the commission, which contracts private attorneys to represent criminal defendants who cannot afford counsel. Prior to that, the courts administered the system.
Billings said Frey had not responded, and the attorney general’s office did not respond to questions from The Monitor by press time.Hinkley was just one of the 11 defendants without an attorney Churchill saw during the seven-day review hearing on June 12, according to a Monitor analysis of court records.
Maine Lewiston Constitutions General News ME State Wire Barack Obama U.S. News Politics N U.S. News
Nigeria Latest News, Nigeria Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
'Mama June: Family Crisis': Anna Shares Lighthearted Moment With Mom June Amid Her Health Battle (Exclusive)A new episode of 'Mama June: Family Crisis' airs Friday, June 28, at 9 p.m. ET/PT on WEtv.
Read more »
June solstice 2024 brings changing seasons to Earth on June 20 — What to knowJoe Rao is Space.com's skywatching columnist, as well as a veteran meteorologist and eclipse chaser who also serves as an instructor and guest lecturer at New York's Hayden Planetarium. He writes about astronomy for Natural History magazine, the Farmers' Almanac and other publications.
Read more »
Your Weekly Horoscope for June 16 to June 22, 2024Discover your zodiac sign's weekly horoscope for June 16 to June 22, 2024, from expert astrologer Stephanie Campos.
Read more »
'Mama June: Family Crisis': Mama June Defends Spending $30K of Alana's Money (Exclusive)Mama June is telling Alana Thompson to 'take me to court' over the missing funds.
Read more »
Your Weekly Horoscope for June 9 to June 15, 2024Discover your zodiac sign's weekly horoscope for June 9 to June 15, 2024, from expert astrologer Stephanie Campos.
Read more »
June 2024 was the second-hottest June in Denver's historyDanielle is a Denver7 evening meteorologist who’s been predicting Colorado’s ever-changing, ever-challenging weather for more than a decade.
Read more »