Legislature restores prosecutor posts State hiring freeze limits number of assistant district attorneys

District attorneys around the state received a little bit of good news with the bad last month as the Legislature finished up its work in Augusta.

The six assistant prosecutor positions that had been eliminated earlier in the year were restored, but only two of the positions were funded in the two-year budget that went into effect Tuesday.

The four other positions have been vacant for several months and are not expected to be filled because of the state employee hiring freeze.

A total of $200,000 was put back into the budget to fund the two positions, according to Norman Croteau, district attorney for Androscoggin, Oxford and Franklin counties and head of the Maine Prosecutors Association.

County prosecutors throughout the state gave up merit raises in 2005 to fund the two positions, he said.

Two years ago, former Gov. Angus King declared domestic violence “Maine public enemy number one” and the state added eight assistant district attorneys – one for each district in the state, except Aroostook County – to help prosecute domestic violence cases. Two of the positions never were targeted for elimination. If the axiom “last hired, first fired” held true, the domestic violence prosecutors were most in danger of elimination.

“Regaining those six positions was a tremendous step in the right direction and prevented us from having to fire two ADAs,” Croteau said last week. “At least we’ll be able to function. We’ve not lost any ground, but we didn’t make up any either. Those districts without an ADA are under a real hardship.”

One of the prosecutorial districts short an assistant district attorney includes Washington and Hancock counties. District Attorney Michael Povich has been without a third prosecutor since November. Other areas short an assistant district attorney are the districts that include Somerset and Kennebec counties, Waldo, Knox, Lincoln and Sagadahoc counties, and York County.

“The shortage of one person is having a mammoth impact in those districts,” said Povich. “We’ve got a major drug problem here that we’ve got to start addressing. We’re getting new cases all the time for possession plus sex abuse plus domestic violence plus dogs running at large. I can’t tell the police, and the wardens don’t arrest people.

“So, I’m trying cases again,” he said. “I just become the sixth person. We’re not declining cases. The public expects the same delivery of services no matter what.”

Some of those services are still at risk, according to Evert Fowle, district attorney for Somerset and Kennebec counties. The state received a federal grant in 2001 to fund seven juvenile prosecutors. That money is due to run out in September 2004.

Between state and federal cuts, “our family protection unit is on the verge of being wiped out,” said Fowle earlier this year. If all the cuts – 13 in all – were to be implemented, it would mean a 20 percent reduction in prosecutors.

“I’m disappointed,” he said of the state cuts. “Two and a half years ago the Legislature said go get ’em, and 21/2 years later, we’re cutting back. That’s demoralizing. But, it could have been a lot worse. Obviously, the state has a very severe budget problem. We hope the position count can gradually be fully restored, but we may have to wait a few more years.”