By Sen. Marianne Moore

(Editor’s Note: This column originally appeared in the Calais Advertiser and the Machias Valley News Observer.)

Insufficient access to justice has been a serious issue in our state for several years. It reached a critical point earlier this spring when Superior Court Justice Michaela Murphy ruled that hundreds of defendants’ constitutional rights to legal representation were being denied. While the Legislature acted and passed legislation to address this critical issue, there is still inequity in Maine’s justice system that needs to be addressed.

While Maine has 16 counties, there are only eight prosecutorial districts by statute. Unlike legislative redistricting, which occurs after every decennial census, Maine’s prosecutorial districts are not subject to mandatory review of population and demographic shifts. In fact, no changes have been made to add districts or change district boundaries even though Maine has experienced significant population growth since the creation of Prosecutorial Districts in 1987.

One such district is Prosecutorial District 7, which serves Washington and Hancock counties. Washington County covers 3,258 miles with a population of 31,383, according to July 2024 U.S. Census Bureau data. In comparison, Hancock County is 2,345 square miles with a population of 56,946. Like Aroostook County, which has its own Prosecutorial District, Washington County is largely rural with 35 unorganized territories.

With only one court in Washington County to handle criminal cases, there is currently a backlog of 256 defendants awaiting their first appearance on the Unified Criminal Docket in Machias. Nearly two-thirds of those cases are felony-level matters ranging from Class C driving offenses to sexual assault, serious domestic violence cases and even manslaughter.

With only three criminal trial terms offered each year in the Washington County Superior Court in Machias, this case backlog could take up to 15 years to clear. The Sixth Amendment to the U.S. Constitution guarantees an individual the “right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

With only one district attorney splitting his time between two very different counties and an unworkable limit of trial days in Washington County, defendants are being denied their constitutional protections.

These serious concerns are why I introduced LD 16, “An Act to Establish Separate Prosecutorial Districts in Downeast Maine.” My bill was co-sponsored by a bipartisan group of lawmakers representing communities across Washington and Hancock counties. This legislation would not be costly to the taxpayers of Maine; it requires a change to just one already funded position from assistant district attorney to district attorney.

Unfortunately, after its bipartisan passage in the Maine Senate, my bill was killed on a nearly party line vote in the House of Representatives. Although the Legislature has taken steps to address Maine’s critical shortage of public defenders through the passage of LD 1101 earlier this year, that will not solve this problem. The problem is how the judicial branch has failed to provide enough trial days to prosecute cases and the structure of prosecutorial districts themselves.

I am discouraged by the House majority’s lack of willingness to address serious inequities in access to justice affecting Washington County. Until they have the courage to do so, we will continue violating the basic constitutional rights of Maine citizens.

Senator Marianne Moore is serving her fourth term representing the citizens of Senate District 6, which includes all of Washington County and 16 communities in Eastern Hancock County. She serves as the Senate Republican Lead on the Legislature’s Health and Human Services Committee.