AUGUSTA, Maine — Attorneys who represented indigent defendants will get paid this month thanks to Gov. Paul LePage, who announced Thursday that he was transferring $913,890 to the Maine Commission for Indigent Legal Services to cover budget shortfalls.
Without this action, attorneys who represent Mainers who cannot hire a lawyer would have gone five weeks without getting paid for legal services provided, according to a press release from the governor’s office.
“We can no longer afford to be a government that delays payments to those who provide services to Maine people,” LePage said in a statement. “Indigent legal services are important, as are our hospitals and medical providers. Paying our bills is a priority of my administration.”
John Pelletier, executive director of the commission, said Thursday in a telephone interview that he expected checks would be mailed Friday.
“The governor’s action to cover the commission’s shortfall is great and welcome news,” Indigent Services Commission Chairman Ron Schneider. “I want to thank the governor for his support and his recognition of the value and importance of the work done by assigned counsel. This money means a great deal to the small-business people who provide an essential and constitutionally required service for the state.”
On Monday, LePage authorized the transfer of $164,800 in unallocated funds from the State’s Contingency Account, according to the press release. The State Contingency Fund is a General Fund program established for use by the governor as he deems necessary.
Another $750,000 was transferred Tuesday from projected personnel services balances in Maine Revenue Service for the fiscal year that ends June 30, the release said. According to state law, the governor may access additional funds from personnel services balances if the funds remaining in the contingency account are not sufficient.
The budget shortfall for the commission was the result of a rise in the cost of legal services rendered as well as a higher-than-projected number of cases, the release said.
The commission projected it would handle 25,041 cases between July 1, 2010, and June 30, 2011, the governor’s office said. The actual number of cases for which attorneys sought payment for fiscal year 2011 was 26,601. The cost per case also increased from an average of $389.63 to $405.30 last year.
While the infusion of cash solves this year’s budget problem and lets the commission begin the new fiscal year without a deficit, it does not solve the looming problem that indigent legal defense is underfunded for fiscal year 2013, Pelletier said Thursday. The Legislature passed a budget allocating $10 million to the commission, but it will take $11.2 million to provide mandated legal services to Maine’s poor, he said.
Attorneys contacted last month for a story about the prospect of not getting paid in June expressed more concern about the hourly rate of $50, which has not increased since 1999, than they did about delayed payments.
Pelletier said Thursday that he notified lawyers on the commission’s roster by email Tuesday of the governor’s decision.
Since the U.S. Supreme Court’s 1963 decision in Gideon v. Wainwright, indigent defendants facing jail or prison time have been entitled to legal representation. That means lawyers must be paid by the government, either state or federal, that brings the charges. Currently, indigent adults and juveniles facing incarceration are entitled to be represented. The state also pays for attorneys to represent parents in child protective cases and people facing involuntary commitment to a psychiatric hospital who are indigent.
The state does not provide representation to people in civil cases, such as divorce, eviction, foreclosure or small claims, according to information on the commission’s website.
It was either pay up or start throwing out prosecutions for violating the 6th Amendment.
It is important to read the story before commenting.
“The budget shortfall for the commission was the result of a rise in the
cost of legal services rendered as well as a higher-than-projected
number of cases, the release said.”
Governor Lepage is releasing state funds to the Indigent
Services Commission so that poor people can have fair representation in court.
The liberals will be asking themselves what they should whine about; it’s very stressful
and confusing for them but they’ll work hard to come up with something.
Actually, all I see is a conservative looking for an excuse to attack liberals. I love the hypocrisy here.
Um… LePage was the one who cut the budget for it in the first place when the Judges asked for more money to prevent this very thing from happening.
The judiciary is a sep. branch of government and the governor’s involvement is voluntary. The governor doesn’t run the courts.
Short memories, short IQs. Ah well, they sure make it easy for those w/brains to identify the teapublicans.
Maybe they’ll follow your lead.
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Got the message, everyone? Big Daddy (and his kid brother, LePoliquin) control the purse strings and you peons have just one job: repeat whatever we tell you, do not think, support your local teaparty and everything will be just swell.
“Thanks to Governor LePage!??” What? Has anyone ever heard of Miranda Rights? So thanks to our constitution, Governor LePage HAS to pay the lawyers that people are constitutionally allowed to have.
There’s many things he can’t screw with, this just happens to be one of them. Not even a nice try on that one Penguin.
Thank you Rus, I agree, the governor did a good thing.
The law regarding government’s obligations—in this case it’s really the judiciary not the executive branch who pays for counsel, LePage actually bailed them out; just shifted under the Supreme Court’s decision in Howes v. Fields, see http://verdict.justia.com/2012/03/21/why-interrogation-in-jail-may-not-count-as-custodial-the-supreme-court-makes-new-law-in-howes-v-fields for details.
Our governor did a ‘good thing’, unfortunately career criminals are the beneficiaries.
If your governor did a “good thing,” trust me, it was purely accidental.
The Judiciary branch, formulates and proposes it’s own budget to the Legislature just as the Executive does. It is a separate entity from the Legislature and the Executive, it’s the third branch of government. Now, don’t you recall LePage using their proposal, and combining it, with his proposed budget; and deciding that the attorneys won’t, or may not be getting paid on time? We have a “state of the state” address given to the Legislature by the governor; We also have a “state of the judiciary” address given to the Legislature by the Chief Justice…….think about it.
So that was an Executive decision, which in my opinion has nothing at all, whatsoever regarding the Judiciary’s responsibility to assure legal representation. ALL THREE are accountable to our nation’s constitution, and it says, if you need a lawyer, you will have one. LePage used this for political purposes; to get his way with the budget. Straight, forward, and quite obvious. HE had no choice, but to pay the attorney’s ……and he knew it and according to you, He should have nothing at all to do with it, it’s a separate branch . He’s claiming credit that is not his, nor will it ever be. Nice try Penquin.
will thank you Gov. LePage for doing your job….what next..??
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And doing it well…….I think he needs a raise..
Wow. Way to backpedal, LePage. He just now realized that there is such thing as the Federal Miranda Rights Law? The law states that if a court cannot provide free legal counsel to those that wish to be defended in court, then the State cannot accuse them of a crime. Violation of even one of the Miranda Rights basically allows a person to walk out of jail, scot-free, with possessions and evidence in-hand until the State can provide the legal counsel.
You’re wrong. see
http://verdict.justia.com/2012/03/21/why-interrogation-in-jail-may-not-count-as-custodial-the-supreme-court-makes-new-law-in-howes-v-fields
If we are “out of money” how the heck can we come up with nearly $1M? Oh, we had some. I am sick of Republican BS!
I can promise you I am ever more sick of democrat BS.
Me, too…
Just have to love the way money and funds appear and disappear in this (mis)administration. And they wonder why those w/functioning brains don’t believe a thing they spew.
Given the nature of Mr. LePage’s lack of interest in serving the needs of the poor (Or for that matter, Maine citizens), one now has to wonder if any of these Lawyers to be paid by taxpayers are also named LePage? Have you noticed that there seems to be a lot more LePages around these days, feeding from the same trough?
You are so blinded by your left wing ideology.
You go Gov! Keep the libbers spewing and fuming.
They are now finding the freebies come with a price….
a price to those who pay for them.
I love the way he says “We can no longer afford to be a government that delays payments to
those who provide services to Maine people… Indigent legal services
are important as are our hospitals and medical providers. Paying our
bills is a priority of my administration.” as if he has ever given a damn about helping people who can’t afford to take care of their expenses, like, say for example, medical bills and food….
Worried about medical bills and food? I have an answer get off the couch and get a job! Far too long people have looked at the government as a source of income.
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And the only reason Lepage wants people to get off the couch is so it will be easier for them to reach the butt he so eloquently tells people to kiss.
Suppose it never occurred to you, has it, that not everyone shares the edge that guarantees a high-paying job: the last name Lepage or LeDoux?
The best service the hypocrite-in-chief could provide is to do us a favor and resign, while we still have a state.
I see the blatant censorship of this rag is in full force. What’s the matter, you can’t stand the truth? What does that say about you? You censor(s) are as deluded as most of your dwinding base. Go ahead, censor me into “oblivion” and wonder why you are losing subscribers on a daily basis. Once again, THINKING Americans see through you as easily as they see through glass. If you even made an attempt to objectivity things might begin to turn around for you, but will you do that? I’m not holding my breath on it given your track record.
In the words of the famous Jurassic scholar, Diplodocus, “No one cares.”
And there are you, just one more proof of the fact that when you cannot present a reasoned refutation to whatever you disagree with you resort to name-calling and things worse. How juvenile, how immature, how SHALLOW.
Oh ….. to only be in Sparta, maybe with your “Spartan” knowledge the senate there would be more civil ? …. I still think no one would care, they would rule … Flatulus Dienekes.
You really need to get over yourself.
The issue here isn’t how I view Sparta. It is the strangling and distortion of the First Amendment the BDN is doing HERE and NOW that is the issue. Once again you cannot present a rational argument so you cast aspersions. You are so predictable. By the way, I like your sense of humor with your reference to that famous Jurassic scholar Diplodocus. There may be hope for you yet. You had better hope a pack of velociraptors doesn’t cut his message short.
I wouldn’t put up with it,
here’s your answer
http://www.contactmusic.com/video/spin-doctors-cleopatras-cat
I just listened to Cleopatra’s Cat video as you suggested. I like it. It doesn’t change the fact the BDN is pushing an agenda.
what a jack wagon
Dont be angry.
Good job Governor. There are a lot of left wing nut bags that hate you and blame you for everything including what Obama has done but I appreciate your hard work and service to the people of Maine. Keep up the good work.
Yes, you hit the nail on the head.
So which one of his relatives is in the Slammer now?
Public defenders are not FREE!!! Like all other things that come from government WE THE PEOPLE ( the ones who work and pay taxes that is ) pay for all of them. Free does not exist….
After my experience today I will personally make sure that as many people as possible are made aware of the fact the BDN butchers the First Amendment to conform to their agenda. Good luck with that you “bitter clingers” to a proven failure of an ideology. And you wonder why you keep losing subscribers. Maybe if you made half an effort to be genuinely objective THINKING Americans might take you seriously. As it is now I’ll be surprised if you even post this comment.
LePage making sure the lawyers get paid. He wants to stay on good terms with the liars club. Cause he a natural at it.
God help us all from the screaming liberals if we didnt coddle thieves and dopers! Hell yes by all means pay the lawyers so the scumbags can commit more crimes!
We live in a society where the crooks get coddled and nurtured…
Don’t much care for Miranda rights, huh?
86’d
This is great we can make sure the crooks can get more defending from crimes they commit and we the tax payer foot the bill.the gov says we can not be a government that does not pay or delays payment to people who provide services,what happened to the cuts in DHHS budget i would prefer my tax dollar go to DHHS rather then the lawyers who make more money then they should and if the gov. took away a few of the lawmaker perks and cut the twinkie budget the budget would balence that much faster
“the crooks can get more defending from crimes they commit?”
The assumption of guilt is inappropriate in any court proceeding.
the record speaks for it self how many have been caught with their fingers in the cookie jar and other illegal deeds and been prosecuted for them? you can count them on one hand but if it was the average person they would be hung out to dry in a matter of days with no hesitation.
…
This says it all: “Indigent legal services are important, as are our hospitals and medical
providers. Paying our bills is a priority of my administration.”
How about justice? Or the Constitution? The citizens will remember this in the fall, Mr. LePage.