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The Wiscasset Newspaper - Online Edition
Mar 06, 2008 "Serving Alna, Dresden, Edgecomb, Westport, Wiscasset and Woolwich" Vol 39, Number 10

Moratorium on criminal trials unwise, district attorney says

Charlotte Boynton

Staff Reporter

District Attorney Geoffrey Rushlau told Lincoln County Commissioners at their meeting Tuesday morning that a suggested six-week moratorium on criminal trials is not a good idea.

The Judicial Branch of Maine government is looking for ways to save money on this year's budget, and one of the solutions they are considering is a six-week moratorium on criminal trials beginning in April.

Last week State Court Administrator Ted Glessner presented an outline to the Legislature's Judiciary Committee on ways to deal with the budget shortfall of the judicial branch, and the moratorium was one of the solutions mentioned, according to Rushlau.

"In my opinion it is an unwise idea. I certainly hope they will find the money so they will not have to do this," Rushlau said.

There is some optimism among members of the judicial branch that Governor John Baldacci will shift funding from other state agencies to avoid the moratorium, according to Glessner.

Commissioner William Blodgett pointed out the moratorium may be a savings to the state, but certainly not to the counties that will board inmates for the extra six weeks.

"The idea of the moratorium will not only add expense to the counties, it will also delay justice," Rushlau said.

Suspending trials in April and the first two weeks in May would save the state about $500,000 in this year's budget, according to Glessner.

However, according to the commissioners the cost of the trials would be just pushed ahead into another year's budget, and there would really be no savings. There is also a proposal to suspend all civil jury trials for the rest of the fiscal year.

According to Walt McGee, president of the Maine Association of Criminal Defense Lawyers in an article in the Kennebec Journal, "the six-week moratorium would violate the rights of defendants to speedy trials, and would create constitutional issues the likes of which the state have never seen."

According to the article, "A coalition of defense lawyers and civil rights advocates is preparing to sue the state if the judicial branch suspends all criminal trials for six weeks this spring."

However, according to Rushlau the courts would accept guilty pleas during the proposed moratorium. Therefore, the moratorium could encourage inmates to plead guilty rather that to stay in jail waiting for a trial date.

Rushlau said he expects a decision the moratorium will be made later this week or early next week.



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editor@wiscassetnewspaper.maine.com    Wiscasset Newspaper    P.O. Box 429, Wiscasset, ME 04578     Tel: 207.882.6355
http://wiscassetnewspaper.maine.com/2008-03-06/criminal_trials.html rev 2008-03-07