Backlogs producing delays in countless numbers of Maine court instances

It was virtually 4:30 a.m. on April 1, 2020, when a mother typed a determined plea to officials at Cumberland County Superior Court docket.

She comprehended the situations encompassing her son’s scenario. Court information show the 24-year-outdated was becoming held at the Cumberland County Jail on several fees, which include theft and aggravated assault. But she also recognized the gravity of the pandemic, and that her son was at chance. He had extreme asthma, “a very long historical past of respiratory disease and infection” and an unattended dental challenge, she reported. She preferred him to be capable to await demo from their household in New Hampshire.

“He will only go away when I depart and that would only be to get our necessary demands,” she wrote. “It is my objective that we work alongside one another in getting all attainable safeguards to enable hold our liked types and communities safe and healthful.”

But neither she nor her son was able to article the virtually $20,000 in income bail. Now, he is however waiting in jail practically two and a 50 percent decades following his arrest for a demo now scheduled for early April. His is a single of much more than 26,000 pending felony and misdemeanor circumstances in Maine courts as of March 25, 2022, in accordance to details from the Maine Judicial Information System. That is approximately 10,500 additional open up scenarios than there were being in March 2019.

Numerous lawyers symbolizing clientele with open scenarios declined to talk about specifics with the Portland Press Herald/Maine Sunday Telegram, but a review of court docket records found the backlog has been impacting thousands of defendants, while not all are waiting around driving bars. Lots of are on pretrial launch, languishing in a legal limbo as court docket officers delay and reschedule critical proceedings. Victims of violent crimes, in the meantime, are becoming restless as they devote a lot more time waiting to discover out what penalties, if any, their abusers will experience.

“I feel the prison justice program attempted to catch up as immediately as attainable, but it is a lengthy method in the greatest of times and I imagine all of our programs definitely adjusted,” reported Molly Louison, associate director for Sexual Assault Response Services of Southern Maine, an firm providing totally free providers to anyone in York and Cumberland counties working with sexual harassment, abuse and assault. “That was actually complex for survivors who are previously dealing with possibly their possess trauma, and then striving to navigate at any time-altering systems on prime of that.”

Some plaintiffs in civil instances for professional medical malpractice and own injuries have been waiting around more than two decades for jury trials and opportunity payment. In truth, Maine’s courtroom method declared very last week it was launching a new software where by retired judges, serving as “referees” will assist handle relatives-make any difference conditions like divorce proceedings, and certain civil scenarios, that have been backlogged.

But the backlog’s tolls ripple much beyond unique conditions. They portend systemic problems for yrs to appear. Final month, in her yearly handle to condition lawmakers, Chief Justice Valerie Stanfill of Maine’s best courtroom explained the backlog is a consequence of “insufficient resources” that will only get even worse with out much more aid.

“Despite implementing all out there methods, technologies and revamped processes, we have nonetheless to be equipped to slice the backlog in any meaningful way,” Stanfill explained. “The pandemic has uncovered the awkward reality that we basically absence the capacity to just ‘catch up’ or to agenda and listen to far more scenarios with our current workforce.”

Less Circumstances, For a longer time PROCESSING Instances

When Maine courts first started responding to the coronavirus pandemic – quickly halting most in-human being functions for felony scenarios, and placing nonemergency civil proceedings on keep – a selection of temporary procedures were being enacted to try out to mitigate overcrowding in jails and courthouses.

Regulation enforcement organizations started issuing much more summonses, which means they could even now charge folks but did not have to arrest them. District attorneys’ offices say they were being much more selective with the situations they submitted. Some Mainers in jail awaiting demo were produced and allowed to wait around at property.

“I feel we have been viewing the scenarios appropriately, presented the pandemic,” Cumberland County District Attorney Jonathan Sahrbeck mentioned. “I think my business has acted correctly when it comes to figuring out our undertaking for prosecuting scenarios, and carrying out so in a way that is not going to compromise community security.”

Prosecutors in Cumberland County filed 2,072 much less new felony scenarios in 2021 than they had in 2017, according to knowledge from Maine’s administrative business of the courts. Statewide, Maine courts saw 10,731 fewer new filings in 2021 than in 2017.

But the decrease in new filings has not well balanced out the state’s inability to process situations in a well timed way.

“I’m sure they’re internet marketing this as ‘doing items extra in a different way,’” mentioned Tina Nadeau, a defense legal professional in Cumberland County. “‘Differently’ is not adequate. It has to be proportional to this crisis.”

Nadeau explained to make any true dent, prosecutors need to have to dismiss a lot more instances.

“If nearly anything, the pandemic should’ve taught us to reconceptualize what it signifies for general public security,” she reported. “Are we any safer with a backlog? Circumstances with violence, scenarios with serious harm to the local community, are not currently being dealt with because the docket is clogged with circumstances that do not include community basic safety in any respect.”

Backlogs producing delays in countless numbers of Maine court instances

Since of an 82 p.c increase in pending felony conditions, and a 63 p.c improve in pending misdemeanors from March 2019 to March 2022, protection attorneys say their clients are dealing with longer hold out occasions for trial the two in and out of jail.

In the meantime, there are more people currently being held in jails who have quite a few situations open, involving most likely extra than 1 trial. In excess of the time courts were being advising law enforcement agencies to make fewer arrests and problem a lot more summonses, some people accrued more prices than they would have experienced they been promptly jailed. For many, the additional fees appear from violations of their situations of release from prior arrests. Such violations imply issues that would not be illegal on their very own – possessing alcohol, getting at a specific address – are made into new crimes.

Arrests are back to standard now, but York County protection lawyer Joe Mekonis reported prosecutors aren’t taking into account the reality that several defendants are tied up in multiple situations, owing to these pandemic arrest guidelines.

“They’re conscious and they act sympathetic, but their base line is that they cannot just dismiss men and women who have broken the law, even when it is various infractions,” he said.

Prosecutors say some defendants are using the backlog to their benefit by waiting around till the really final minute to plead guilty and not go to demo.

“There’s a whole lot of folks who are not likely to have trials,” claimed Natasha Irving, district legal professional for Lincoln, Knox and Waldo counties. “For district attorneys’ offices, this can be quite difficult for the reason that my workers have to put together for these situations and then it turns out none of them are going to have a jury demo, or just a person of them will.”

But defendants are becoming available “unreasonable” plea agreements, Nadeau reported.

“(It’s) their proper not to plead,” she mentioned. “The electrical power holders in this complete process are the prosecutors.”

NOT Ample Attorneys

A lot of men and women waiting around in Maine county jails for trial have indicated in court documents they do not experience they are getting adequate time with their court docket-appointed lawyers.

“I can never get a keep of him or arrive at him when required,” 1 defendant wrote in a letter acquired Oct. 6, 2021, seven months soon after his arrest. He was writing about his 3rd attorney.

A different man, waiting around for hip substitution surgery when in jail, also wrote requesting one more legal professional because the attorney he was assigned – his to start with – “fails to talk with me and my household.”

The person wrote that he was in require of a critical healthcare procedure. He was dealing with prices for operating without a license, obtaining scheduled prescription drugs and violating problems of his release.

“My situation is not seriously a major situation,” he wrote on Jan. 3, 2022. “My document is terrible, but I really don’t imagine that I need to undergo with soreness, without obtaining a reaction.”

With COVID-19 restrictions nevertheless in put inside Maine’s county jails, lawyers are finding less in-particular person time and obtain to their defendants.

“In the aged times, we could go down to the jail,” defense attorney Rob Andrews mentioned. “Now, because the jails for the most aspect have not invested in movie technology or technology that allows legal professionals to have unrestricted make contact with with their purchasers, that has impeded our capability to go and fulfill with them.”

There also are less lawyers to deal with the state’s indigent, who make up a bulk of the people sitting down in jails. As a final result, the attorneys who do consider the conditions generally have substantially heavier caseloads.

Justin Andrus, govt director for the Maine Commission on Indigent Lawful Products and services that oversees attorneys assigned to indigent defendants, mentioned that from Jan. 1, 2019, to March 17, 2022, the range of such lawyers at the commission’s disposal experienced reduced by 47 p.c.

Andrus mentioned the backlog is violating the constitutional rights of the people the commission’s lawyers represent. In a person instance, a man or woman entered into a plea arrangement in November and had a sentencing hearing scheduled for March 14, in the course of which the decide was heading to consider the time that human being presently had served in jail ready for demo. But for the reason that of the backlog, that listening to was rescheduled for July. Andrus claimed he’s unaware how that impacts how much time this person could possibly have to serve and if they’ll have to spend any extra time driving bars.

“I understand and regard and empathize with the reality that the courts are terribly underresourced,” he claimed. “It’s not the fault of any person there that this has transpired, but it is an exceptional illustration of how the resourcing at the courts, combined with the caseload, can have a destructive influence to a defendant.”


Since prison courts are so clogged, advocates for survivors of sexual abuse and violence say the backlog’s affect on victims is multifaceted.

Sexual Assault Reaction Solutions of Southern Maine has assisted manual survivors of sexual assault and violence by the court docket method since 1973, when they opened as the region’s to start with rape disaster centre. In addition to staffing a 24/7 crisis line, they attend court docket hearings with survivors, assistance them file safety orders in civil court and advocate for them in investigations by regulation enforcement organizations.

“I assume we have an strategy from demonstrates like ‘Law and Order’ that this procedure comes about quickly,” mentioned Louison, the organization’s associate director. “On Television, you go from producing a report to being on the stand rather speedily. In truth, this is frequently a multiyear process.”

Numerous survivors who select to report their abusers by the felony justice method are hoping the knowledge will be a part of their therapeutic system.

“I assume for survivors going through how prolonged delays in the program are using, that healing course of action is just likely to be more time,” Louison stated. “At the conclusion of the day, each meeting is yet again revisiting a trauma in a person’s lifetime when they documented a sexual assault. Having for a longer period produces a ton of anxiety for survivors.”

The backlog has forced organizations like SARSSM to choose benefit of assets outdoors felony courts. An e-filing technique via the civil courts, to attain security orders, has created a world of variance, Louison explained. The corporation also is serving to survivors navigate therapy, counseling and other aid teams they lover with in southern Maine.


Main Justice Stanfill explained the backlog – the two its will cause and its penalties – as the most urgent issue facing Maine courts.

The courtroom system’s “greatest barrier,” she mentioned, is inadequate sources, and items presently ended up lean prior to the pandemic.

Last month, courtroom administrator Amy Quinlan introduced monetary requests to the Legislature’s Appropriations and Economic Affairs Committee for new employees and aid with technological know-how. She also questioned lawmakers to enhance funding for civil legal support providers.

“The fact is that even in advance of the pandemic, the courts have struggled to preserve up with the demand from customers. The pandemic has laid bare some crucial resource deficiencies,” Quinlan said. “We have been considerate in our supplemental finances requests focusing on resources to tackle the backlog as properly as prolonged-phrase vital staffing requires.”

Previous week’s announcement that the court docket method would begin accepting family matter and non-jury situations for a pilot “referee” application, using retired judges as mediators, could support matters run much more easily, if only quickly. Lots of of those people instances have taken a again seat to felony issues.

In her once-a-year tackle to lawmakers, Stanfill explained the backlog is an option for “creativity and innovation – probably even experimentation.”

“Although the pandemic has upended common court docket operations in unparalleled vogue, it also provides an massive prospect to re-examine how we do small business,” Stanfill said. “We have been challenged to innovate. And we have!”

But as Maine courts produced their economic plea to condition lawmakers earlier in March, the mother of the person in the Cumberland County Jail likely will proceed to worry about the well-being of her son, who is now 26 and scheduled for trial April 6.

She has been present for most of her son’s distant hearings, by way of Zoom, according to reviews from his legal professional in a listening to previous yr.

“This is a situation that is virtually undoubtedly on the demo route,” his attorney mentioned. “He has established up conditions on the outside the house that will make sure the integrity of the judicial procedure and also secure the general public. He is going to be doing the job. He is heading to have housing and he has household and a support method who loves him. This is not an person who need to continue being incarcerated for who appreciates how very long until finally he finally receives his suitable to a fast trial.”

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