Legislature rejects Maine prosecutors' pay study

Source: sunjournal.com

TL;DR

The story at a glance

Maine lawmakers declined to fund a study on prosecutors' pay last week amid session-end proposals. Prosecutors like district attorneys Neil McLean and Shira Burns of the Maine Prosecutors’ Association argue their salaries lag behind less experienced public defenders, fueling vacancies and overload. This follows years of complaints since Maine's 2022 shift to a public defender system.

Key points

Details and context

Prosecutors shared frustrations with lawmakers last year during salary raise bill hearings, leading to the planned pay study on differing structures. Public defenders testified that union activity protects their adversarial courtroom role against the state. The Maine Prosecutors’ Association shifted focus to improving conditions for current staff as hiring new lawyers grew harder.

Offices face unsustainable workloads, with no caseload limits like defenders have. Evidence volume and resolution delays exacerbate issues; judges have ruled evidence inadmissible when prosecutors disclosed it late, as in a Cumberland County robbery case with overlooked police video.

Maine established its public defender system in 2022, ending its status as the only state without one. Prosecutors have repeatedly requested more positions to manage rising demands.

Key quotes

“It’s a difficult position when you’re hiring,” said Neil McLean, district attorney for Androscoggin, Franklin and Oxford counties. “‘You should come work for us. We’re going to give you much higher caseloads, which translates to much more work, and pay you much less.’”

“I felt very disappointed and disheartened,” said Chelsea Lynds, an assistant district attorney in Penobscot County. “They know this was a mistake and they’re just screwing around, and screwing over prosecutors.”

Why it matters

Prosecutor shortages and high caseloads risk slowing justice, excluding evidence, and failing victims across Maine districts. District attorneys and assistants face retention challenges that could worsen without pay study or adjustments, diverting from core prosecution duties. Watch for future legislative sessions or budget talks on legal services funding, though leadership cited limited resources this time.

What changed

Lawmakers had agreed last year to conduct a pay study for prosecutors. Leadership declined to allocate the $3,000 at session's end last week. The shift occurred amid competing proposals despite available funds.

FAQ

Q: Why do Maine prosecutors earn less than public defenders?

A: Prosecutors say less experienced public defenders qualify for higher salaries, up to $15,000 more in some postings, because defenders are unionized while prosecutors are not. District attorneys note this hampers hiring amid high caseloads. Lawmakers had planned a study to compare structures but rejected funding.

Q: How bad are caseloads for Maine prosecutors?

A: In Androscoggin, Franklin, and Oxford counties, nine prosecutors handle nearly 3,600 active cases due to five vacancies. Cumberland County's Carlos Diaz carries over 700 cases. Voluminous video evidence and backlogs make workloads unethical, per the Prosecutors’ Association.

Q: What caused the pay study to be rejected?

A: Senate President Mattie Daughtry's spokesperson said competing proposals and limited resources led to the decision last week. Over $66,000 was available for studies, but the $3,000 request was not funded. Prosecutors view it as political despite prior agreement.

Q: Have there been past efforts to address prosecutor pay or unions?

A: Gov. Janet Mills sought to remove defenders' collective bargaining last year; House Republicans threatened it this year but backed off. Prosecutors have asked for more staff for years, including a denied domestic violence position in Oxford County.