Like the first hearing last year, the second legislative hearing on a proposal to split the prosecutorial district that covers Washington and Hancock counties, held on February 18 by the Judiciary Committee, drew significant support and no opposition. The first hearing was held during the previous legislative session that was adjourned because of the pandemic, and no action was taken on the measure. Those advocating for the proposal believe it would provide greater access to justice for those facing charges, would help those in jail for drug crimes to get more quickly into recovery programs and would help address the rising cost borne by county residents of drug-related crimes.
     During the current legislative session, Rep. Will Tuell of East Machias sponsored a new version of the bill, which would not include a referendum on the proposal for the voters in the two counties. During the virtual hearing on the legislation, Tuell explained that if a referendum was required to be held, Downeast residents would have to wait another four years for the district to be split, until the following election for a district attorney (DA), since DAs serve for four-year terms. The next DA election is in November 2022, and under the new bill proposal the district would be split in time for that election.

Criminal justice for those in recovery and tribal members
     Rep. Anne Perry of Calais spoke to the committee about the opioid crisis in Washington County and the need for those who are addicted and are in jail to be in recovery. "The opiate crisis is a problem which needs immediate response and the ability for its victims to make it through the courts in a timely matter," she said. "They need to quickly get into the appropriate program such as drug court or another form of rehabilitation or mental health service." The appropriate place for them to be is not in jail, she noted. If the county had its own district attorney, their cases could be resolved more quickly and they could get the help they need.
     Chris Gardner, chair of the Washington County Commission, echoed her point, stating that those with addictions who end up in the criminal justice system are not necessarily criminals. In his testimony he said the county's jail is overcrowded, "under funded and not equipped to handle many who are oftentimes people with additions." As the caseloads increase, prosecutors don't have the time "to devote to meaningful prosecution, diversion and/or disposition."
     Gardner said the county commissioners have no concerns about any possible cost increases if the district is split, stating in his testimony "that whatever increases in the county budget occur as a result of these changes we stand ready to fund."
     During the legislative hearing held last year, District Attorney Matthew Foster had noted that redistricting would affect the cost-sharing among the state's eight current prosecutorial districts for the $350,000 budget of the Maine district attorneys' technical services office, resulting in increased costs for Hancock and Washington counties.
     Forrest Dale, a pastor who lives in Steuben, told the committee that people are "leaving the county because they don't feel safe here." He alleged that child abuse cases are not being prosecuted and noted that people are dying from drug overdoses and residents of the county are feeling marginalized by the lack of justice. Stating that he has been seeing too many people die, he pleaded, "Do what you can to help us."
     Indian Township Police Chief Matthew Dana and Paul Thibeault, an attorney in East Machias, both pointed out that having a separate prosecutorial district for Washington County would help with criminal justice for Native people. Dana noted that having a district attorney who is familiar with the complexity of state and tribal jurisdiction within Indian territory would benefit both the county and the Passamaquoddy Tribe.

‘Impossible’ caseloads
     Jeffrey Davidson, a criminal defense attorney who has a law practice in Machias, noted that none of the district attorneys for the two counties since the state's current prosecutorial districts were formed in 1975 have come from Washington County. Since Hancock County has close to double the population of Washington County, he predicted that Washington County never will have one. He pointed out that when Matthew Foster, the current district attorney, ran for office, he was "relatively unknown in Washington County and had no prosecutorial experience. He ran in the primary against Paul Cavanaugh, a prosecutor who had been in the district attorney's office for 20 years and who was well known in Washington County." Cavanaugh won the vote in Washington County, but Foster won in Hancock County and thus won the primary.
     Because of the "impossible" caseloads, Davidson said, "We don't see our DA in Washington County." While there have been numerous assistant district attorneys serving the county, he said that most of them "had very little to no experience when hired and they did not stay in the office long enough to form the bonds with the local police departments that are required to effectively prosecute crimes in Washington County." He observed that the reason is simple: "Young professionals simply do not want to move to Washington County and settle down, because the county offers very little by way of lifestyle for a young professional."
     Speaking more about the caseloads, the attorney said that the county has been functioning with fewer than its normal allotment of assistant district attorneys, which means that they may have to handle 500 cases a year. They don't have the time to work their cases appropriately or "to communicate effectively with the officers who bring those cases to the office," Davidson said in his testimony. This can result in delays or in negotiations that are "based on incomplete knowledge and an inconsistency on how those defendants are handled." Davidson said that "a lot of people sit in jail" awaiting trial and that not having a separate district attorney for Washington County "definitely keeps people in jail."
     In his testimony last year, DA Foster had stated that the number of cases handled by the DA's office has not increased over the years but the time needed to review them has "increased exponentially." Foster stated that about 65% to 70% of the 3,800 to 4,000 cases that the office handles each year are in Hancock County.
     In his testimony about the DA's office, Davidson stated, "Hancock County comes first. It always has and it always will as long as it's one district."
     "We have murderers and drug dealers from out of state in Washington County now," he said. In his testimony he wrote, "We now have cases where people are killed over drugs, where people disappear altogether, where people are burned in their homes after being shot, where children are sexually assaulted. Our community is not accustomed to this type of crime. We do not want to become used to it."
     He continued, "I see that our police have tried to improve their intelligence collection and proactive community policing. They need a partner in the prosecutor's office who is available full-time to work with them on these issues. It is time that the legislature recognize this need and do what is necessary to provide Washington County residents with their own district attorney who is answerable solely to them to address the rising cost of crime on our residents."
     The Judiciary Committee will hold a work session on the bill, which has not yet been scheduled.