Representative Jeffrey Evangelos’ op-ed last week raised an important issue: the manner in which Maine’s attorney general is appointed, and whether this process keeps Maine’s attorney general appropriately accountable to Maine people.

Maine is the only state where the state legislature elects the attorney general. This means approximately 93 people (the number required for a majority vote) decide who will occupy not only one of the most important positions in state government, but one of the most important leaders directly impacting Maine citizens and their rights within the legal system.

Most states have a popularly elected attorney general, using the same democratic process that empowers the people to choose their representatives. In Maine’s eight prosecutorial districts, district attorneys are also elected by popular vote. These elections for top law enforcement officers create a layer of accountability that should be inherent in a fair and equal system of justice.

The other troubling fact is the exclusivity in appointing Maine’s attorney general by state legislature. Over the last forty years, every attorney general in the state of Maine has been a former member of the Maine Legislature. It’s clear that legislative candidates monopolize the process to the exclusion of other Maine people.

Maine’s record of being the only U.S. state with zero exonerations in serious felony post-conviction appeals points to a concerning unilateral authority by Maine’s attorney general. It may be time to consider amending our constitution to allow for the direct election of attorney general, ensuring the leader of Maine’s justice system is representative of and accountable to the citizens of Maine.

Severin Beliveau
Founding partner of law firm Preti, Flaherty, Beliveau & Pachios
Portland

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