Office Organization

The duties of the Attorney General are established by the Maine Revised Statutes Annotated, Title 5, sections 191 - 205. These statutes direct the Attorney General to discharge various responsibilities, including representing the State and its agencies in civil actions; prosecuting claims to recover money for the State; investigating and prosecuting homicides and other crimes; consulting with and advising the district attorneys; enforcing proper application of funds given to public charities in the State; and giving written opinions upon questions of law submitted by the Governor, Legislature, or state agencies. The Attorney General may appoint deputy and assistant attorneys general, all of whom serve at his or her pleasure. In addition to these statutory powers, the Attorney General is vested with certain other powers deriving from the Office's common law powers.

The Attorney General oversees an office consisting of Assistant Attorneys General, Research Assistants (who perform many functions ranging from paralegal to victim witness advocate to program director), investigators, members of the Office of Chief Medical Examiner, and a number of support personnel. This staff is organized into 13 divisions. A chief attorney or other professional supervises each division. The Attorney General is assisted in his management of the Office by a Chief Deputy Attorney General and a Chief of Operations.

Descriptions of the 13 divisions of the Attorney General's office are set forth below. This guide also provides information about the programs located within the Office of the Attorney General, as well as a brief discussion of this Office's relationship with the District Attorneys.

Administrative Services Division

Division Profile: Sandra J. Harper, Chief; one personnel manager; one accountant; three administrative assistants; one receptionist; and two information services personnel.

The Administrative Services Division is responsible for budgeting, human resources, accounting, information systems and other administrative functions for the approximately 200 employees of the Maine Office of the Attorney General. The Division is also responsible for administering the payroll and benefits of the eight District Attorneys and the Assistant District Attorneys.

Office of the Chief Medical Examiner

Division Profile: Dr. Margaret Greenwald, M.D. Chief Medical Examiner; one Deputy Chief Medical Examiner; one administrator; one medical secretary; one technical secretary; one clerk/typist III; one laboratory supervisor; and one autopsy supervisor.

The Office of the Chief Medical Examiner is dedicated to providing comprehensive modern death investigation for the citizens of Maine. The Office investigates all sudden, unexpected and violent deaths occurring in the state. The numbers are large - over the last two years the OCME has investigated almost 4500 deaths. The number of deaths investigated has been gradually increasing over the years. A major jump in numbers occurred between 1998 and 1999. About ½ of the reported cases are eventually released back to the local, private physician who completes the death certificate. Actual numbers of cases investigated, cases examined by local Medical Examiners and cases autopsied in Augusta are below.

YEAR	2003	2004	2005	2006
TOTAL CASES INVEST.	2133	2141	2328	2166
AUTOPSIES	343	356	372	365
ME EXAM ONLY	791	732	751	726
RELEASED TO PRIVATE MD	999	1053	1205	1075

Child Protective Division

Division Profile: Janice S. Stuver, Chief; 22 AAGs, or 19.5 full-time equivalents when half-time members are taken into account; and share (with the child support division and Health and Human Services Division) 11 secretaries and 1/2 of a paralegal. The Division is based in Augusta and in three regional offices in Portland, Bangor, and Caribou.

The Child Protection Division represents the State in civil child abuse and neglect proceedings throughout Maine. In addition to litigating child protection cases in Maine's 31 District Courts (only 29 District Courts currently handle child protection cases), the Division also provides legal advice and training to the Department of Health and Human Services, Office of Child and Family Services and represents the State in numerous appeals of child protection decisions and administrative hearings regarding substantiations of child abuse or neglect.

The Division has over 2,100 open cases, and the attorneys appear in court approximately 7500 times annually. On average our full-time attorneys carry caseloads of 120 cases each. [For comparative purposes, the American Bar Association has noted that an average caseload of 50 is reasonable, with anything over 60 cases being unmanageable. ABA Child Law Practice, Vol. 17, No. 3, May, 1998.] In addition, the child protection attorneys handle the bulk of the administrative hearings on top of their District Court child protection caseload.

The Child Protection Division also provides legal training to DHHS caseworkers, and coordinates and files briefs in 40 to 80 appeals to the Maine Law Court annually, mostly in response to appeals filed by parents in child protection cases.

Child Support Enforcement Division

Division Profile: Debby Willis, Chief; eight AAGs (full and part-time equivalents); and share (with the child protection division) eleven secretaries and five paralegals. The Division is jointly housed with the child protective staff in Portland, Augusta, Bangor, and Caribou.

The Child Support Enforcement Division provides legal advice and representation to the Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER). The Division represents DSER in court in child support actions throughout Maine, and helps DHHS establish paternity of children born out-of-wedlock, establish and amend child support obligations, and collect child support through asset and property seizure, contempt proceedings, and criminal actions. The Division routinely deals with other states to resolve questions involving child support orders from more than one State. The Division also coordinates with the U.S. Department of Health & Human Services, Office of Inspector General to refer cases for federal prosecution.

The average caseload for each attorney is 250. In 2006 the Division received approximately 2,000 referrals from DSER and either initiated actions, responded to or joined actions, or returned the referral to DSER for other action.

Health & Human Services Division

Division Profile: Doris Harnett, Chief; twelve AAGs; and two legal secretaries.

The Health & Human Services Division represents the Department of Health and Human Services (except for child support and child protection). Division attorneys work with DHHS to properly administer public resources, develop programs and maintain compliance with established legal standards so that eligible persons can benefit from available services and programs. Responsibilities include advising and assisting agency staff regarding the enforcement of the State's mental and physical health and adult protection laws; the licensing and monitoring of facilities and homes for both adults and children; and the management of a number of State and Federal programs that provide financial benefits, rehabilitation or retraining for Maine citizens. The Division is responsible for handling litigation involving DHHS.

Criminal Division

Division Profile: William R. Stokes, Chief; 14 AAGs; two victim witness advocates; and four senior legal secretaries.

The Criminal Division prosecutes homicide and drug offenses throughout Maine, and handles appeals from the cases they prosecute, certain appeals by the State in criminal cases, federal appeals by incarcerated defendants and the extradition of criminal defendants from other states to Maine to stand trial. The Criminal Division also provides training to cadets attending the Maine Criminal Justice Academy.

The Division's Victim Witness Advocates help homicide survivors seek available victims' benefits and serve as liaison between crime victims, law enforcement, the prosecutor, and the court. The Victim's Compensation Board processes and awards compensation for personal injury to the victims of crimes reported to law enforcement, whether those cases are handled by the District Attorneys or by the Office of the Attorney General. The Victims' Compensation Board provides financial compensation for medical, counseling, and funeral expenses directly resulting from personal injury and child sexual abuse crimes reported to law enforcement.

The Criminal Division advises the bureaus within the Department of Public Safety, including the Maine Criminal Justice Academy, Maine Emergency Medical Services, Maine State Police, State Fire Marshal's Office, Emergency Services Communications Bureau, and the Maine Gambling Control Board.

Drug Task Force Attorneys and Coordinator: The Office of Attorney General employs six Assistant Attorneys General as Drug Task Force Attorneys (included in the 14 AAG count above). The Drug Task Force Attorneys are located throughout the state and work cooperatively with the various District Attorneys to prosecute criminal drug offenses investigated by the Maine Drug Enforcement Agency, as well as other state, county and local law enforcement agencies. The Drug Task Force Attorneys also represent the State in cases where the defendant is allowed participation in Maine's innovative Adult Drug Treatment Court. The Drug Task Force Attorneys also provide instruction on the laws of search and seizure and drug offenses to law enforcement officers throughout the state.

Financial Crimes & Civil Rights

Division Profile:Leanne Robbin, Chief; six AAGs; and five investigators.

The Financial Crimes and Civil Rights Division oversees the prosecution of white collar and financial crimes, including welfare fraud, tax evasion, healthcare crimes, and securities violations. Amongst the Divisions accomplishments - In the fiscal year of 2005/2006, the Healthcare Crimes Unit within the Division obtained 26 convictions for theft of Maine Care funds, drug diversions by health care professionals and patient abuse, and recovered over $6,000,000 in fines, civil penalties and restitution for the MaineCare program. During the same time period the Division obtained 34 convictions for failure to file income tax returns, theft, forgery and receiving stolen property, and recovered over $550,000 in fines and restitution.

The Division also directs enforcement actions under the Maine Civil Rights Act and is responsible for the administration of the Civil Rights Team Project.

General Government Division

Division Profile: William Laubenstein, Chief; eight AAGs; one paralegal; and two senior legal secretaries.

The General Government Division provides legal advice to and representation in administrative and judicial proceedings for the Bureau of General Services, the State Board of Property Tax Review, the Bureau of Alcoholic Beverages and Lottery Operations, and the Bureau of Human Resources, all within the Department of Administrative and Financial Services. The Division also provides legal and support services to the Department of Labor, the Department of Education, the Department of Corrections, the State Treasurer, the Department of Defense (including the Maine Emergency Management Agency), the Commission on Governmental and Ethics and Election Practices, and the Bureau of Corporations, Elections and Commissions and the Bureau of Motor Vehicles within the Department of the Secretary of State.

The Division is actively engaged in matters relating to child labor laws, bankruptcy, unemployment compensation, payment of wages, state and school construction contracts, leases, the Maine Clean Election Act, election recounts, liquor licensing, teacher certification, special education, collections, and property valuation.

Investigation Division

Division Profile: Brian MacMaster, Chief; six investigators; and one legal secretary.

The Investigation Division provides direct investigative services for the many divisions of the Office of the Attorney General. The Division also provides investigative consultation for the District Attorneys, and oftentimes coordinates multijurisdictional investigations. The Division has statutory responsibility for conducting investigations of fraud against the State, the use of deadly force by law enforcement, and illicit drug involvement by public officials. The Division investigates other crimes allegedly committed by public officials, and serves as a resource for other law enforcement agencies. Detectives within the Division specialize in areas such as hate crimes, elder financial exploitation, and allegations against those licensed by the Medical or Osteopathic Boards. Detectives are frequently called upon to teach specialized courses at the Maine Criminal Justice Academy. The Chief of Investigations serves as the Attorney General's primary liaison with the law enforcement community.

Litigation & Civil Appellate Division

Division Profile: Paul Stern, Chief; ten AAGs; two paralegals; and three senior legal secretaries.

The Litigation Division is responsible for the defense of claims filed against the State under the Maine and its employees under federal and state civil, disability and employment rights statutes as well as the Maine Tort Claims Act. In addition, the Division provides advice to the State and its officers regarding employment and discrimination matters under state and federal law. The Division handles court actions not involving a particular agency and complex litigation matters. The Division represents the Baxter State Park Authority and the Department of Administrative and Financial Services (Division of Risk Management and Maine Revenue Services) and deals with Native American issues. The Litigation Division oversees civil appeals, sometimes assists with criminal appeals, and serves as a resource for litigation related issues within the Office.

The Office receives, on average, 30 cases per month. While many of these are small actions which require little in the way of response (such as notices of foreclosures), as noted above the Division handles numerous large and complex cases such as PhRMA v. Walsh, 123 S.Ct. 1855 (2003) where the United States Supreme Court upheld Maine's Maine Rx program. The Division handles challenges to Maine laws as in the case of a recent lawsuit by an association attacking restrictions on deliveries of tobacco products to minors. Finally, the Division's work is certainly diverse as it handles cases such as defending judges from personal claims filed by pro se litigants alleging various constitutional claims to the recent legal challenge to the ruling by the Maine Bureau of Liquor Enforcement regarding the use of the name "Santa's Butt" for a new beer.

Natural Resources Division

Division Profile: Jerry Reid, Chief; eight AAGs; and one Research Assistant.

The Natural Resources Division protects the public interest in Maine's environment and natural resources by enforcing and upholding applicable laws. In this work, the Division provides legal advice and representation to the following agencies: the Department and Board of Environmental Protection; the Department of Conservation; the State Planning Office; the Department of Agriculture; the Department of Marine Resources; the Department of Inland Fisheries and Wildlife; the Department of Defense; Veterans and Emergency Management; the Land Use Regulation Commission; the Maine Milk Commission; the Oil Fund Insurance Review Board; the Pesticides Control Board; the Land for Maine's Future Board; the Maine Outdoor Heritage Fund Board; and the Unclaimed Property Division of the Office of the State Treasurer.

Professional/Financial Regulation Division

Division Profile: Andrew Black, Chief; eight AAGs; two senior legal secretaries.

The Professional and Regulatory Division provides legal advice and representation to the Department of Professional and Financial Regulation (PFR), as well as the Maine State Retirement System and the Harness Racing Commission. PFR regulates financial services, including insurance companies, state-chartered banks and credit unions, investment advisors, and mortgage companies. PFR also regulates numerous professions, occupations, and entities. PFR includes the Office of Licensing and Registration, Bureau of Financial Institutions, Office of Securities, Office of Consumer Credit Regulation, and Bureau of Insurance.

The Division provides legal advice to all the PFR bureaus and offices. For the 41 professional licensing boards, commissions, and registrations without boards within PFR dedicated to public protection through licensure, inspection, enforcement/complaint handling, and discipline, the Division also presents cases to the boards in disciplinary hearings and argues appeals on behalf of the boards in court.

Consumer Protection Division

Division Profile: Linda Conti, Chief; six AAGs; two paralegals; five assistant complaint examiners; one senior legal and one legal secretary.

The Consumer Protection Division enforces state antitrust and consumer protection laws, including the mini-Sherman Act, the state merger statute, the Unfair Trade Practices Act, and oversight of the Tobacco Master Settlement. The Division also discharges the Attorney General's mandate to oversee charities. Housed within the Division is the Consumer Mediation Program, which uses trained volunteers to mediate consumer complaints, and the Lemon Law Arbitration Program, which administers the state's lemon law.

The consumer mediation program oversees 36 volunteers. These volunteers provided 5253 volunteer hours over the past 12 months. During this time the mediation program has received 5042 phone calls, 1032 letters, 113 in person visits and 3649 emails for a total of 9,836 contacts. The consumer mediation program has mediated 1175 claims with a 52% success rate resulting in the recovery of $ 691,599 for Maine consumers.

Programs Administered by the Office of the Attorney General

The Attorney General's Office houses within it a number of programs authorized by the Legislature. These programs, while operating on a shoestring as compared to similar programs around the country, are models of both efficiency and effectiveness.

Juvenile Tobacco Enforcement Program
Victim's Compensation Program
Sexual Assault Forensic Examiner ("SAFE") Program
Civil Rights Program
Collections Program

Juvenile Tobacco Enforcement Program - John Archard, Coordinator

The Tobacco Enforcement Program within the Attorney General's Office was created in 1996 to provide law enforcement oversight to the federally mandated enforcement of youth tobacco access laws required by the Synar Amendment and to implement the enforcement of PL 470 (1995). Since that time the program has grown to include enforcement of laws prohibiting smoking in public and workplaces, development of the No Buts for Kids Here responsible tobacco retailer program and work with the National Association of Attorneys General (NAAG) on multi-state settlements with national retailers to prevent underage access to tobacco and to develop and implement effective training and company policy. The coordinator also works closely with other divisions and the Maine Coalition on Smoking or Health developing policy initiatives that have included regulation of delivery sales of tobacco. In addition to the Tobacco Enforcement Coordinator the program supports a .25 FTE investigator position and shares this position with other programs.

Victim's Compensation Program - Deborah Shaw Rice, Director

In recognition of the financial hardship crime victims often suffer, the Maine Legislature created the Victims' Compensation Fund and Victims' Compensation Board. The Victims' Compensation Fund assists innocent victims of violent crime by reimbursing them to a maximum of $15,000 for the out-of-pocket costs or losses they incur when they suffer physical and emotional trauma as a result of criminal victimization. The Board, which decides claims to be paid from the Fund, is located in the Criminal Division of the Office of the Attorney General, which provides staff to administer the Program. The Board is comprised of three members drawn from Maine's legal, medical and victim services communities. Under a separate provision passed by the Legislature in 2000, the Fund receives and pays (to a maximum of $500) claims filed directly by hospitals for forensic examinations performed on victims of gross sexual assault.

During State Fiscal Year 2006, the Victims' Compensation Fund made payments to or for the benefit of violent crime victims totaling $533,142.48, including $112,856.04 for sexual assault forensic examinations. These payments assisted more than 400 individuals and families.

The Victims' Compensation Program works closely with District Attorneys, Victim Witness Advocates, the Department of Correction, and advocates from domestic violence and sexual assault response agencies to reach and assist victims of violent crime. Training on all aspects of the program is available upon request.

Sexual Assault Forensic Examiner ("SAFE") Program - Polly Campbell, Coordinator

The Sexual Assault Forensic Examiner (SAFE) Program began in 1997 to better meet the medical and emotional needs of sexual assault victims, and for timely and accurate collection of forensic evidence to prosecute sexual assault crimes. The Program provides training and technical assistance for healthcare providers, primarily Registered Nurses, in the care of patients who have suffered the trauma of sexual assault, in the use of the Maine sex crimes kit for collection of evidence, and in preparation for court testimony. There are currently 40 state certified Sexual Assault Forensic Examiners, and 75 working toward state certification.

The focus of the Program has been to build capacity by increasing the number of Sexual Assault Forensic Examiners through training opportunities required for state certification. Training and Program activities have included two, three and five day SAFE trainings annually; simulation exam training held throughout the year in locations throughout the state; an annual mock trial; quarterly meetings with the providers; and, in 2007, experiential testimony training with the SAFEs and law enforcement; and training on drug recognition.

By ensuring that trained professionals are available to perform the medical-legal exam, the waiting period to receive care after a sexual assault is minimized, trauma from the assault is reduced, the needs of the patient are attended to, and evidence is collected in a manner that meets national and state standards and promotes successful prosecution.

Civil Rights Program - Thom Harnett, Director

The mission of the Civil Rights Team Project (CRTP) is to increase the safety of high school, middle school and elementary school students and to reduce the incidence of bias-motivated harassment and violence in schools. The CRTP has established civil rights teams in over 200 Maine schools and provides training and educational opportunities for students, teachers, administrators and parents throughout Maine.

Collections Program - Betsy Andrews, Coordinator

The Collections Program, which began this year, consists of one paralegal, aided by a secretary. The Program collects delinquent unemployment contributions on behalf of the Department of Labor and other money judgments including restitution, fines, penalties, costs, and attorney fees, owed to the state. The collection process generally involves the location of assets, filing of liens, one or more disclosure hearings in district court, and the negotiation of suitable payment arrangements.

The Attorney General and the District Attorneys

The eight popularly elected District Attorneys provide two primary functions for Maine citizens - they prosecute the vast majority of criminal cases (as well as civil violations) in the State, and also provide legal counsel to county government. Their relationship to the Office of the Attorney General also has two major components. The Office's Administration Division provides payroll and benefit services to the eight District Attorneys and the Assistant District Attorneys. The Office also works closely with the District Attorneys around criminal law issues of general concern, and thus provides a coordination/legal support function that is appreciated by both sides.

OFFICE INFORMATION