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March 26, 2012
Statement from the Kennebec and Somerset County Democratic Committees Regarding the District Attorney Vacancy
The recent media attention surrounding the vacant D.A. position and complex nature of the process to nominate an interim D.A. has prompted the Joint Review Committee to clarify the steps that we’ve taken to fulfill our duty as outlined in Maine State Statute and what our position is moving forward.
Both Kennebec and Somerset County Committees have a policy, approved by their members, to address nominating candidates for vacancies in elected, partisan, county-level roles. These positions include the District Attorney; in Kennebec they also include Sheriff, Judge of Probate, Registrar of Deeds, and Treasurer. Due to a recently enacted charter in Somerset County, the only position where the county committees still play a role in filling such a vacancy is that of the D.A.
In executing this policy, the committees nominated and approved members to comprise a Joint Review Committee that would take the lead in recruiting, vetting and coordinating the interview process for the interim District Attorney position.
Notice that applications were being solicited was sent to regional media and statewide legal associations, and multiple letters of interest were received. The Joint Review Committee received two fully-completed applications from candidates who met the requirements for this office. Both these candidates, Maeghan Maloney and Alan Kelley, were invited to interview with the County Committees at a special joint meeting.
At the February 8 Joint County Committee Special Meeting, members of both committees voted to enter executive session for the purpose of interviewing candidates. This forum would allow for an open and candid exchange regarding their professional qualifications and aspirations for this office, as is common with most job interviews.
Candidates’ application materials were made available for review by the membership and each candidate was asked the exact same questions, with the same time for opening statements and responses. The 14 open-ended questions covered a wide range of topics and issues from management style and funding for the office to domestic violence prosecution and the new veteran’s court.
Following the interviews, multiple motions and deliberation regarding the nominations, members voted to disclose the final results outside executive session. The final motion that passed allowed for one name to be sent to the governor’s office and that name would be based on a secret ballot vote where members wrote the name of the candidate they supported.
Maloney garnered 66 percent of the vote and was the Committees’ recommended choice to serve as interim D.A.; paperwork stating this decision was hand-delivered to Governor LePage’s office on February 9.
“Both candidates bring a lot to the table in terms of their experience and dedication to the law. Each member voted individually according to his or her preference. The interview process gave members much to consider as they considered the varied responsibilities of this office and the role the D.A. plays in moving our justice system forward,” stated Colby Seams, chair of the Somerset County Democratic Committee and member of the Joint Review Committee.
As of April 23, the County Committees had not received any official response from the Governor’s office, either accepting or rejecting the Committees’ recommendation.
The Director of Elections and APA for the State of Maine, Melissa Packard, has outlined that the District Attorney’s for Prosecutorial District 4 office will be declared vacant after the June primaries, and notice will be given to the county committees to caucus in July to chose a nominee for the general election in November. No explanation was provided as to why there was a delay in declaring this position vacant since previous D.A. Evert Fowle was sworn in as District Court Judge on February 3.
“We don’t understand the delay in appointing an interim D.A. or waiting to declare the office vacant for months until after the primaries. We’ve submitted a very qualified individual to serve in this capacity. The D.A.’s office, already stretched for resources, goes without an advocate for its needs in the legislature and full-time manager for this office while the Governor delays,” Rita Moran, chair of the Kennebec County Democrats added.
Based on the lack of response from the Governor’s office and expectation that the County Committees will now caucus in July to choose a nominee, both groups are focusing their efforts on the legislative primary and supporting candidates for the general election in November.
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