Prosecutors say it's not just public defense agencies that are

Feb. 25—Maine prosecutors are asking lawmakers to ensure they’ll get paid the same rate as new public defenders being hired around the state.

They are rallying behind a proposal that they say would create parity between the two sides. The bill was introduced this year after Sen. Peggy Rotundo, D-Lewiston, said she realized that some experienced public defenders are making $15,000 more than their counterparts in local district attorneys’ offices.

Rotundo, who chairs the appropriations committee, said her bill is not intended to cut what the state pays its new public defense system — which, with less than 30 attorney positions across the state, is still in its infancy.

Ideally, Rotundo told lawmakers on the Judiciary Committee that Maine would increase what prosecutors are paid so that everyone is equal. During a public hearing Monday, Rotundo wasn’t aware what the bill would cost, but acknowledged “it will not be inexpensive.”

The proposal comes as Gov. Janet Mills has asked lawmakers for a tight budget.

Maine Prosecutors Association Director Shira Burns said she believes the discrepancy is an unforeseen circumstance of how prosecutors and public defenders are managed by separate offices. And, Burns said, without changing prosecutors’ pay, she’s scared it will harm their hiring and retention efforts.

“What we don’t want to do is keep moving forward like this problem doesn’t exist, because the problem will just keep getting bigger and bigger,” said Burns.

‘A BAD SPOT’

In western Maine, District Attorney Neil McLean oversees nearly 25 county employees across three counties. But he said he makes less than some of the five “district defenders” who are leading the new public defense offices.

He estimated his office is handling 400 to 600 cases per prosecutor, depending on vacancies. They aren’t paid overtime, but are often working more than 40 hours a week. He’s had as many as five vacancies at once in the last year.

“We are only asking that compensation be equivalent to what is offered to other criminal law salaried state employed attorneys,” McLean testified.

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Prosecutors in his office with five years of experience are making less than $87,000. Meanwhile, he said the public defense office is offering a base salary of $102,000 for attorneys with the same experience level.

Burns and other prosecutors who spoke Monday say they fear a pay disparity will make the problem worse, because why would someone want to be a prosecutor when they can make more money as a defender?

“We cannot lose our (experienced) prosecutors right now,” Burns said. “We can’t. This is our first step to keeping them on board.”

Penobscot County Deputy District Attorney Chelsea Lynds said she has multiple positions that aren’t filled and they struggle to get applicants. It’s not easy work for someone with little experience given the high caseloads, she said.

“We are just in such a bad spot,” Lynds said. “We have a backlog, we’re in court all the time. It’s not really a beginner-friendly place right now.”

Logan Perkins, who leads the new public defense office in Bangor, testified in support of Rotundo’s bill. But she urged lawmakers to consider “working conditions,” and the difference in work and resources.

She is overseeing three entry-level attorneys, who, she said, are earning around $70,000. Her office has one investigator and two paralegal positions.

Their clients often have more than one case pending, and if a defendant is in jail, their contact is severely limited.

Prosecutors have police who help build their cases and investigate, and they have victim-witness advocates to maintain contact with people and paralegals.

CASELOAD LIMITS

The pay debate notably comes as Maine still struggles to find enough defense lawyers for its constitutionally entitled criminal defendants who can’t afford their own.

A judge overseeing a lawsuit against the state is considering whether to release people from jail after a week of waiting for a lawyer. However, a statewide list from the courts of cases needing lawyers appears to have decreased in recent months, from more than 930 on Jan. 3 to a little more than 600 as of last week.

“Everyone is rightfully focused on the absolute crisis that is indigent counsel,” said Lynds. “However, fair and efficient criminal justice system depends on more than defense attorneys. … How can we retain prosecutors when we don’t even have equitable pay?”

Lawmakers had several questions on how cases are assigned, both to prosecutors and in the new public defense offices, and caseload limits. Those restrictions, imposed on both public defenders and private court-appointed attorneys, have come under fire given the state’s current hardships with finding enough lawyers for defendants.

But prosecutors don’t have caseload limits. Lynds said she and others in Bangor carry roughly 300 cases each. She said that’s gone up as Maine courts report a higher number of cases pending in 2025 than six years ago.

“We have the same number of cases coming in, or more, but we cannot get rid of cases at the rate we used to,” Lynds said.

In Cumberland County, Assistant District Attorney Carlos Diaz said prosecutors are carrying anywhere from 500 to 700 cases apiece.

Perkins, the public defense leader in Bangor, asked why the state is not considering caseload limits for prosecutors.

“I think fundamentally the question is … do we have the appetite, as a society, to adequately resource the criminal legal system as written?” Perkins said. “And that is really the core issue here. Everybody needs to be adequately resourced if we wish to have an adequately balanced and fair legal system.”

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