Maine's top judge outlined ways the shortage of attorneys is being tackled - and that includes lowering the bar to entry, as well as allowing non-lawyers to do some legal work.
In her State of the Judiciary address Chief Justice Valerie Stanfill, as head of the judicial branch, addressed the criminal defense crisis. About a thousand cases, known as dockets, in Maine courts involve defendants who do not yet have a court-appointed attorney that they are constitutionally entitled to have.
She said new public defender offices now being established with salaried lawyers "hold promise for the future" but cannot currently meet the need. These are being established by the newly renamed Maine Commission on Public Defense Services, formally called the Maine Commission on Indigent Legal Services.
Chief Justice Stanfill said she has asked private attorneys who do not deal with criminal cases routinely to take them, and deal with child protection appeals.
As the regulator of attorneys, the Supreme Judicial Court has widened what law students are able to do, which said "helps expand the pool of lawyers available for people" under supervision. These students are not attorneys. She also put forward a bill to allow courts to appoint anyone who is not currently rostered for criminal defense work (and does not have experience) to be assigned if they agree to take the case. This would expire in three years.
"Because what we're trying to do is not pull lawyers away from the PDS roster, but rather to bridge the next three years until the public defender offices are fully up and running and able to fill what is now a yawning gap in appointed counsel services. And there are people out there who are able and capable of taking these cases who are not on the rosters, but frankly, would listen if a judge called them."
The Chief Justice said it is exploring whether non-lawyers should be allowed to do some legal work.
"Perhaps it's time to allow trained paraprofessionals without a law degree to handle some limited, straightforward legal issues. There are many questions to be answered, of course, if we were to go down that route. Who? What kind of training? What kind of education? What kind of experience? Licensure? What areas of law? Would a paraprofessional need to work for a licensed attorney? Or could they practice independently? In short, what are the guardrails to ensure that such paraprofessionals are actually a benefit to Maine citizens? But it is beginning to happen, and it's something we will explore."
The Supreme Judicial Court has also allowed someone licensed in another state to practice in Maine for two years while they get licensure in the state.
The number of rostered attorneys is currently at around 130 from a peak of more than 400. That is because in the years since 2019 there are nearly 3,000 more pending felonies statewide and more than 3,000 more pending misdemeanors in Maine.
Chief Justice Stanfill also asked for increased funding for technology, staff, and to increase the salaries of judges. She said that despite a recent increase, Maine judges are the lowest paid in the country, ranking 51st (or last) among states, including the District of Columbia.
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