Dan Wathen, former chief justice of the Maine Supreme Judicial Court, speaks at a news conference at Lewiston City Hall in August 2024. The Lewiston commission released a final report nine months after it began investigating the Oct. 25, 2023, mass shooting. Staff photo by Ben McCanna/Staff Photographer

A proposal supported by a bipartisan group of lawmakers would guarantee the Legislature authority over the makeup of investigative committees that are granted subpoena power.

Rep. Adam Lee, D-Auburn, is sponsoring a bill that he said is partly a response to Gov. Janet Mills’ formation of the state commission to investigate the Lewiston mass shooting in 2023.

The commission was formed through an executive order by Mills, who chose its members with the help of Attorney General Aaron Frey. The Legislature was then asked to grant subpoena power to the commission, which prompted concern among some lawmakers who argued at the time that they should have also had input into the composition and scope of the commission.

“The bill is, in part, a response to the Lewiston commission but broadly it relies on the principle that the Legislature is the primary policy making body and oversight authority of state government,” Lee said in an email Friday.

“The Legislature is the branch of government with the power to provide a study or investigatory committee the authority to administer oaths, issue subpoenas and take depositions. It seems pretty simple to me if we give a committee those powers, we should have some say over its composition and scope.” 

Lee’s bill is co-sponsored by three Republicans, including Sen. David Haggan, R-Hampden, and six other Democrats, including Rep. Grayson Lookner, D-Portland, and Rep. Mana Abdi, D-Lewiston.

Spokespeople for Mills did not respond to inquiries Friday asking if the governor has a position on the bill.

Mills’ office said at the time the commission was created that she consulted lawmakers on both sides of the aisle about it before issuing her order.

Maine law gives the Legislature the authority to grant subpoena power, and many state boards and commissions have that power authorized through their establishing legislation, according to the Office of the Maine Attorney General. The governor does not have the same authority.

The Lewiston commission was different in that it was established by executive order, and not through legislation, so the Legislature was asked to authorize the power after it had already been established.

Lee wasn’t sure how often that kind of scenario plays out, but said that his bill, LD 273, would ensure the right checks and balances are in place.

The Lewiston commission concluded its work in August when it issued a final report outlining the facts around the shooting.

Lee said he respects all the members of the commission and that “given the scope and membership of the committee, I think they did a fine job.”

“But if we are meant to do something with what they produced, we should have been involved in determining what the product should be and who should produce it,” he said. “It’s a good and impressive report. I genuinely have no idea what the Legislature is supposed to do with it, though.”