This story will be updated.
People who have been charged with crimes must be released from jail after 14 days if the state of Maine fails to provide a lawyer within that time, according to a new court order issued Friday.
Maine has not provided lawyers to indigent defendants, people who cannot afford lawyers, “in violation of the Sixth Amendment to the United States Constitution,” Kennebec County Superior Justice Michaela Murphy wrote in the order.
The order comes more than two years after the American Civil Liberties Union of Maine filed a lawsuit against the state of Maine. A three-day trial ended in late January.
The Maine Commission on Public Defense Services has until April 3 to present a plan to the court about how it will provide lawyers to people charged with a crime. After that, people across the state who have been incarcerated for more than 14 days after their first appearance will be released, according to the order.
There will be conditions of release imposed on anyone who leaves jail under this provision, which is standard when someone is granted bail.
Charges must be dismissed for people who have been incarcerated for more than 60 days without a lawyer, the order said. The charges can be refiled once the commission is able to provide a lawyer.
“Access to justice should not depend on how much money a person has,” ACLU of Maine Chief Counsel Zach Heiden said. “If you can’t afford an attorney, the state is required to provide one for you. This order brings us closer to making that promise a reality for the people of Maine.”
There are 51 cases where people have waited more than a year for a lawyer, the order said.
Maine had more than 1,150 indigent defense cases pending without a court-appointed lawyer at the end of 2024, which includes child protective cases as well as adult and juvenile criminal cases.
The state and county sheriffs have until April 7 to file a response to the order.
