Penobscot DA warns 'Robins' decision could force releases, case dismissals amid defense attorney shortage

The Penobscot County District Attorney told county commissioners on April 1 that a court ruling known locally as the Robins decision and a shortage of attorneys taking court-appointed work could force the release of jailed defendants after 14 days without counsel and may require dismissal of cases after 60 days if defendants remain without lawyers.

The DA said the shortage is driven by an aging statewide lawyer population, changes to the contract-attorney system and recent court and administrative changes, and described pressuring operational impacts on the jail, courts and DA’s office. "There is some bad news too. I don't know if everyone here has heard of the Robins decision," the DA said, adding that the decision is set to take effect on April 3. She warned, "after 14 days, if somebody is in custody and they do not have a lawyer, after 14 days, they need to be released." She also said the decision could require dismissal without prejudice of cases after 60 days for defendants who are out of custody and still lack counsel.

Why it matters: Commissioners were told the ruling could quickly produce releases of people charged with serious offenses if counsel cannot be found, complicate prosecutions already slowed by the defense crisis and increase bail and hearing workloads across multiple agencies. The DA described several recent, high-profile convictions and trials the office won but said the Robins decision presents a new, acute operational risk.

The DA said she has seen an increase in assigned counsel in the jail since the decision but cautioned that many cases already involve defendants who have been out of custody for months without counsel. "I have multiple, multiple people who have been out for 9 months without a lawyer," she said, noting the 60-day dismissal rule would affect those matters. The DA also recounted a case in another jurisdiction in which a defendant released for lack of counsel later committed a violent act; she described that example as a practical concern for public safety if large numbers of people are released while appeals and policy responses proceed.

County and legal context: The DA said the Attorney General's office has filed an appeal and that Maine sheriffs are considering an appeal as well. She urged careful coordination and noted that a hearing before a judge (Judge Murphy) is expected in the near term to discuss the decision and its application locally. Commissioners and staff agreed to pause further county-level discussion until the judge’s hearing and any appellate outcome provide clearer guidance.

What the DA asked for and next steps: The DA asked the commission to monitor the situation and indicated she would report back after the forthcoming hearing. Commissioners said the county might consider joining state-level appeals and that county staff and legal counsel should follow the case closely. The DA emphasized the cause is rooted in state-level systems and legislative choices and urged state action to address indigent defense funding and capacity.

Ending: The DA framed the ruling as a potential catalyst for change — noting some increase in counsel assignments since the decision — but warned that the combination of the Robins decision and an existing defense-counsel shortage could force difficult short-term outcomes for prosecutions and victim notifications until state or appellate relief is obtained.