For nearly two weeks after her arrest, a Maine
lawyer continued to be contracted by a state agency with a record of
mismanagement to serve as legal counsel for Maine’s poorest residents.
by Samantha Hogan
 |
| Chloe Cushman, special to ProPublica
|
A lawyer working on behalf
of the state of Maine continued to represent low-income defendants after
being arrested for impaired driving in May.
The attorney, Suzanne
Dwyer-Jones, was arrested by police in York, Maine, for driving while
intoxicated after failing a sobriety test on May 10, police said. She
posted bail and returned to work on May 12 at Biddeford District Court
as the state’s lawyer for defendants who can’t afford to hire their own
attorneys.
In the last decade,
Dwyer-Jones has been charged with driving under the influence at least
four other times and been convicted twice of operating a vehicle while
intoxicated. A judge suspended her law license in 2013. Within days of
being reinstated to practice law in 2015, she was given a job defending
Maine’s poor.
Dwyer-Jones did not return
an email from The Maine Monitor seeking comment. She is being charged
with felony Operating Under the Influence and is scheduled to appear in
York County Superior Court in Alfred on June 9.
Maine is the only state
that does not employ public defenders. People who cannot afford to hire
an attorney instead rely on the Maine Commission on Indigent Legal
Services, which contracts private defense attorneys like Dwyer-Jones to
represent both adults and juveniles in criminal cases and other legal
matters. The agency, run by only four people, has repeatedly been
scrutinized for inadequate training and oversight of the attorneys it
hires.
Eleven years ago the
Legislature formed MCILS. Its first executive director, John Pelletier,
was in charge for a decade and routinely hired attorneys with criminal
convictions or histories of professional misconduct, including
Dwyer-Jones, a joint investigation by The Maine Monitor and ProPublica found last October. The executive director has the power to remove or suspend attorneys.
Lawyers are required to
notify MCILS within five days of being charged with any crime. Failing
to report a criminal charge can result in an attorney no longer being
eligible for court appointments, according to the commission’s rules.
Justin Andrus, the interim
MCILS executive director, said Dwyer-Jones had not notified the
commission of her new criminal charge and was no longer eligible to work
on its cases as of May 20. Andrus became director in January and said
he is still learning where he needs to be attentive, after being
informed by a reporter of Dwyer-Jones’ recent charge.
Andrus has asked judges
and the Maine Prosecutors’ Association for help establishing a protocol
to notify MCILS when an attorney is charged.
“MCILS considers the need
to address instances in which rostered counsel are charged with crimes
integral to ensuring that our client base receives the quality of
representation to which each client is entitled,” Andrus wrote in a
separate statement. “While not every charge is necessarily
disqualifying, MCILS will assess each charge it becomes aware of
individually, and act appropriately to safeguard the rights of appointed
clients.”
State Sen. Lisa Keim,
R-Dixfield, who serves on the Judiciary Committee with oversight of
MCILS, said the arrest made it apparent that the agency does not have
adequate staff or rules to oversee attorneys.
“When you are doing
everything you can every day and things are still slipping by you,
there’s a problem in the system,” Keim said. “It’s one the Maine
Legislature needs to fix, and they haven’t been doing their job.”
Family members of a man
who had Dwyer-Jones assigned to his case in 2017 said she didn’t show up
to court and sent bizarre, confusing texts to excuse her absence.
Despite their complaints about her conduct to the state’s licensing
agency, Dwyer-Jones was allowed to keep practicing law and remained on
the list of eligible court-appointed attorneys. Dwyer-Jones’ response to
the family’s claim was kept confidential by MCILS, and she refused to
answer questions by the news organizations. She was not disciplined or
found to be deficient by the agency, MCILS records show.
Until her removal in May,
Dwyer-Jones remained eligible to represent adult defendants facing
domestic violence, drunk driving or drug offense charges, according to
state records. She was also eligible to be assigned child protection
cases in multiple York County courts earlier this year.
Even after being convicted
of crimes or professional misconduct, attorneys have not routinely been
removed from the MCILS roster. Pelletier suspended five attorneys
during his decade-long tenure.
In April, Ian L’Heureux
began appearing on MCILS’ list of approved attorneys for felonies, drug
offenses and misdemeanors in Augusta, Bath, Wiscasset, Portland and
Rockland superior courts. He had been banned from representing state
defendants for at least a year in December 2019 for failing to report
that he was facing criminal charges, records show.
L’Heureux was found guilty
by a jury of assault in December 2019 and sentenced to a week in jail,
according to court records. He had not informed MCILS that he had a
pending assault case from December 2018 when he applied in August 2019,
according to a termination letter by Pelletier.
L’Heureux did not return a
request for comment. Andrus said he had no comment about L’Heureux’s
recent approval to be a court-appointed lawyer.
The Legislature is
considering three bills to reform MCILS, including a plan to open the
state’s first trial-level public defender’s office and add personnel for
training, oversight and auditing of attorneys. If passed, the changes
would cost $11.7 million next year and $12.9 million the following year.
Gov. Janet Mills has not included substantial reforms for MCILS in any of her budget proposals this year.
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