Maine to get federal public defender by spring

PORTLAND – The U.S. District Court will be getting a public defender to represent some of the people who face federal charges in Maine and cannot afford to hire a lawyer on their own.

Maine is among nine of the nation’s 94 federal court districts that lack public defender services. A criminal justice panel made up of 65 to 70 experienced lawyers now represents indigent defendants in federal cases.

That panel will continue to handle between 40 percent and 50 percent of the cases, but the new public defender’s office will pick up the rest.

Judges of the 1st Circuit Court of Appeals in Boston will appoint the public defender, who is expected to take office by the spring after congressional approval of funding for the position. The appointee will recruit two assistants, who will have offices in Bangor and Portland.

A public defender will bring resources and other expertise that can match the U.S. Attorney’s Office, some defense attorneys said.

Jeffrey Silverstein, a Bangor lawyer who is appointed regularly to represent defendants in federal court, said Monday that the office would be better for defendants.

“Now, you have a varying quality of representation across the board,” he said. “A public defender will be able to work more closely with prosecutors and investigators, so the process will be more comprehensive than it is now. Plus, a public defender here would be able to plug into the national network of public defenders and that would be helpful.”

Attorney Stephen Smith of Bangor expressed concern Monday that if the federal court hires public defenders from other districts to fill the positions, Maine’s long winters might mean a higher than average turnover which might not benefit defendants.

William Brownell, a clerk in the U.S. District Court in Portland, said the move to a public defender will help to lessen the caseload for the lawyers on the criminal justice panel.