Sheriff's 'indictment' highlights need for change

Lina PortmanJune 5, 2024

0 3 minutes read

After a lengthy, unusual and sometimes downright bizarre process, Oxford County Sheriff Christopher Wainright retained his position when Gov. Janet Mills refused to use her authority to remove him.

Mills on May 13 accepted the recommendations of former Supreme Judicial Court Justice Donald Alexander, whom she appointed to hear the charges brought by the county commissioners.

The commissioners filed a number of complaints, but most concerned the disposal and sale of confiscated firearms, saying Wainright acted illegally and without their knowledge or permission.

Although there were differing interpretations between Alexander's findings and those of an investigator hired earlier by the commissioners, the allegations of breaking the law in no way created the “extraordinary circumstances” that , according to Mills, would be necessary to require revocation.

It's hard to disagree. Impeachment – amounting to indictment and conviction – does not seem warranted here, although it is easy to understand the commissioners' frustration that no lesser form of discipline was available.

The larger problem is that there are no clear lines of authority within county government, the result of various constitutional provisions granting sheriffs a status that the commissioners, presumably in charge, conspicuously lack.

The positions of the sheriffs of the 16 counties have evolved through a series of constitutional amendments. In 1855, their positions were made elective, as were the county probate judges and registers of deeds – but not the commissioners.

In 1917, provisions for removal by governor were added; in 1985, the term length of sheriffs was doubled from two to four years.

As a result, the responsibilities of the county government are not clearly defined. Commissioners propose and approve the budget, but have no specific oversight power over sheriffs, who answer only to voters.

No other law enforcement position has similar independence and none are elected. The state police chief is appointed by the governor; municipal leaders are hired and supervised by city or town managers.

And because most Maine cities do not have their own police forces, county sheriff's offices operate as de facto regional police forces, although they are often unsuited for that purpose.

To illustrate the problems created by this non-system, one need only look at the ongoing investigation into the Lewiston massacre last October 25, led by a commission appointed by Mills and chaired by former Chief Justice Daniel Wathen.

The police response was confused and at times chaotic, with some officers “rushing themselves,” apparently intoxicated. State police, in nominal charge, struggled to establish lines of authority and communication.

This was not necessarily the fault of county and municipal officials, who had valuable information to share. Rather, it is the fragmented and ambiguous state of Maine's law enforcement that has made such failures inevitable.

The Wathen commission is unlikely to feel empowered to recommend a radical overhaul, but it should at least be considered.

Unlike most states outside of New England, Maine has never had an effective county government. And unlike most other New England states, it needs it.

Geographically, Maine is as large as the other five states combined, and while New England has a population of 15 million, Maine's 1.4 million residents are scattered across 33,000 square miles.

It is unreasonable to expect state police and individual municipal departments to effectively provide comprehensive patrols and response, but the rickety structure of county government prevents them from providing the essential connections.

The state and municipalities have their own unique, dedicated revenue sources, and municipalities receive state revenue sharing, while public schools receive majority funding from the state.

Counties rely entirely on local property taxes, and their share of the tax bill is largely felt by elected officials and boards who act as debt collectors.

One thing is clear: Mainers are not getting what they pay for when it comes to law enforcement, through no fault of the officers currently on the job – including elected sheriffs. The system is poorly organized, particularly in terms of financing.

The commission we need most would dispassionately examine the roles of city, county, and state governments, particularly in the high-priority area of law enforcement, and propose a workable system.

Such a system would require a change in the status of sheriffs so that they have meaningful oversight from other elected officials.

They could continue to be elected, although it is worth considering that with the increasing professionalization of law enforcement, it is becoming increasingly difficult to convince qualified officers to run for sheriff – a political office on an island, without connection with their colleagues in state or municipal services.

The Oxford commissioners and sheriff have pledged to improve communication and cooperation, but that will not solve the underlying problems.

We need a viable county government, and it’s up to state government – and the Legislature – to create it.

Douglas Rooks has been an editor, columnist and journalist in Maine since 1984. He is the author of four books, most recently a biography of U.S. Chief Justice Melville Fuller, and is open to comment on [email protected]

Lina Portman

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