The fate of the Downeast Correctional Facility in Machiasport is still very much in limbo, and even a favorable outcome to a lawsuit opposing its closure would not guarantee that the prison will reopen. If a bill sponsored by Rep. Will Tuell of East Machias to keep the prison open for one more year is not enacted by a two-thirds majority in the legislature, the prison will no longer be funded as of the end of the state's fiscal year budget on June 30.
     On March 5 Kennebec County Superior Court Justice Michaela Murphy heard arguments in the lawsuit that challenges Governor LePage and the Department of Corrections' unilateral decision to close the prison on February 9. The Maine Attorney General's Office, the Washington County commissioners and union representatives argued against the department's actions and want the prison reopened. LePage administration attorney Patrick Strawbridge argued in support of the department's decision.
     The attorney general is arguing that the DOC commissioner "had no legal authority to close Downeast Correctional Facility." The complaint continues, "The facility's existence, function and purposes are written into statute... an executive‑branch agency may not unilaterally dismantle a program established by the legislature and certainly not while the program remains funded." DCF is funded in the state's biennial budget through June 2018.
     At one point in the hearing, Justice Murphy cited a 1991 case that stated the governor does not have the authority to cut off a program that the legislature has established. County commission Chair Chris Gardner feels the hearing went well for the commissioners' position. "Our argument is getting some traction with the court. The court did some research about a 1991 case that was germane to our case. The fact that the judge directed counsel on both sides to look at it" suggests the relevance.
     The court's decision may be as soon as the week of March 12 but could be a week or so later, depending on whether there are a few more briefings, Gardner explains.