Portland Press Herald, Maine

Logan Perkins graduated from law school knowing she wanted to represent the poor. She wanted to be in the courtroom. She wanted to defend people's rights.

She wanted to stand next to David.

She did for a decade.

Dozens of Maine attorneys stopped taking new appointments to represent indigent people, some temporarily, some for the indefinite future.

She is shutting down her solo practice and starting a job at a local nonprofit. Others are taking themselves off of the lists of lawyers who are available for certain courts.

They talked about their passion for their clients and challenges in their field. As the state moves slowly toward potential dramatic reforms to indigent legal services, they said they struggle with low morale and low pay that doesn't afford them the same resources as the prosecutors they face in court.

Perkins asked, "How much of this am I supposed to take?"

Maine guarantees the rights of attorneys to adults and children who are facing jail time in criminal cases, as well as parents in child protective cases and people who are facing involuntarily committed to a mental hospital. It is the only state that provides legal services to private attorneys, instead of public defenders. The Maine Commission on Indigent Legal Services reimburses participating lawyers.

Approximately 280 attorneys are available statewide to take cases for indigent clients. In December 2020, that number was over 400.

The executive director of the commission sees multiple reasons for the exodus. Some attorneys can't afford to keep taking cases at the $80 hourly rate, which is half of what the federal public defender system makes. Some are leaving because of rule changes, such as more burdensome billing and reporting requirements, as the commission responds to watchdog agencies that identified operational and constitutional deficiencies. The courts have a lot of scheduling conflicts on their cases, and they are frustrated by it.

Andrus said that they have an adequate attorney base to staff their cases. We are close to being in danger in that function.

The commission was sued last week and that possibility is even more acute. The commission has failed to guarantee effective representation in adult criminal cases, according to the American Civil Liberties Union of Maine. The complaint states that the attorney roster is one point of concern.

The shortage of qualified and rostered defense attorneys is particularly acute in rural areas, forcing judges and MCILS to appoint attorneys from other counties despite the significant travel this requires.

Defense attorneys said their work was a good fight.

Harry Center said that when he was hired by a big firm, his bosses told him to take his name off the list for appointments. Center got to keep his name on the roster after a judge called the firm to say it had an obligation to help indigent clients. He worked in civil litigation and private criminal defense. He took on a small number of appointments out of that sense of duty.

Center said that in the last 15 years, some of his more rewarding results have been on cases where he was appointed.

Maurice Porter is in Norway. The majority of his work for the last 20 years has been with indigent clients.

Porter said that everyone has the right to an adequate defense.

Child protective matters are a little known but highly specialized sector of indigent legal services. She stays in touch with clients because they want her to know how their children are doing after their cases are over. Even though she has scaled back her practice, she said the reason she keeps taking these cases is because of the parents who do the hard work of getting the help they need to unite their families.

She said that she had clients who had grown up in the foster care system and now had their children in the foster care system. Nobody helped them with their trauma.

Attorneys said the work takes an emotional toll. As their clients face criminal convictions that could have negative consequences on their jobs or housing, incarceration that could traumatize them, even the permanent loss of their parental rights, the stakes are incredibly high. They are stuck in jail when they need treatment for mental illness and substance use. Lawyers are often the ones who bear the brunt of their fears.

Perkins said the number of cases she needed to carry in order to cover the costs at her practice left her no time to relax.

She said that if you show up to do indigent criminal defense with compassion and empathy and a willingness to prioritize and recognize the dignity of your clients, there is an incredible level of vicarious trauma. To survive in the business, you have to have 10 clients. You have to have many clients. You never get a break from it.

The commission has been making changes in response to critics, and lawmakers have been talking about setting up a hybrid system made up of a mix of public defenders and appointed private lawyers. They are considering increases to the lawyers hourly rate and the commission's budget to conduct paid training.

In recent presentations to lawmakers, Andrus has pointed out the disparity in pay and resources between defense attorneys and state prosecutors in Maine.

Government employees with salaries, paid time off and benefits are prosecutors. They have support staff. They are paid when they are in training. They can get public service loan forgiveness after a number of years on the job. They make between $58,800 and $128,200.

Attorneys were paid $60 an hour to represent indigent clients. The rate was raised to $80 last year. It has to cover all costs, from health insurance to office supplies. Attorneys who focus on indigent clients can't afford to hire support staff or pay for legal research tools. They can only bill the state for hours worked on their cases. Perkins took on an associate because she wanted to mentor a younger attorney in indigent criminal defense, but she stayed less than a year because she couldn't afford to pay her more.

The Sixth Amendment Center, a watchdog group that issued a damning report about Maine's system in 2019, recommended a raise for appointed lawyers to at least $100 an hour. People who take court appointments in federal cases make more than $150 an hour.

The executive director of the Maine Association of Criminal Defense Lawyers is Tina Heather Nadeau. She wants to see changes that will draw young attorneys into the field and provide them with mentors, as well as finding a way for attorneys who take these cases to access student loan forgiveness programs. The commission found that some attorneys were paying hundreds of dollars a month on their loans but still accruing debt through interest.

There is a new generation of law students who are concerned with issues of social and racial and economic justice. You can't save the world by doing indigent defense, but you can give people great representation.

Kilgore used to devote 80% of her time to child protective cases. She decided to take herself off some rosters last year because she was working 12 hours a day, six days a week to make ends meet for her family. She decided to make a change after breaking down. Child protective cases made up 20% of her workload in the year 2020. She took on more work as a guardian ad litem, the court-appointed person who represents a child's interests in family matters and child protective cases, because she can charge $150 an hour. She still hears from clerks on a weekly basis, asking if she will take cases again.

She said that it was what she needed and what was better for her clients.

The number of pending criminal cases increased in Maine. Porter said his practice used to be 75 percent appointed cases and 25 percent private clients, but the income from each group was roughly the same.

He stopped accepting appointments in April of 2021. The clerical work needed to maintain more than 100 open case files was competing with the lawyering itself. Porter thought he would have time to get back on the roster in a few months.

Porter said that he would take appointed cases once the numbers were back down to 70. It might be sooner if the pay was increased.

The Maine Commission on Indigent Legal Services has been criticized for not doing more oversight of its attorneys. Efforts to address those problems are not correct. Center, who works for a Biddeford firm, stopped accepting cases because he felt the reforms were placing too much of an administrative burden on the attorneys.

Center said that you have a lot of attorneys who are doing a good job. A lot of people's rights are protected by them. Monitoring the bureaucracy of them doing their jobs should take less time.

The criticism of the commission is not helping. When the American Civil Liberties of Maine filed a lawsuit last week, Andrus emphasized that the lawyers themselves were not to blame, but the attorneys still feel beaten down by negative press.

The Portland attorney is known for taking criminal and child protective cases. Ninety percent of his work is done. He stopped serving as the lawyer of the day for initial appearances because he was tired. He said he would like people to know more about the successes he and his colleagues have had on the job.

It is extremely difficult to see a field that you have dedicated your career and a large part of your life to is being brought up in a negative light.

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