In a Democracy, under a Republic, which is our form of government is generally defined as, the power is inherent in the people and the people, guided by a Constitution, elect Representatives to make laws we all live by. This form of government is supposed to be closest to the people and best reflect the values of our nation and the state, not one party or a single individual.
When citizens transfer power to the elected, the people retain their right to speak in both elections and through participating in public hearings and through direct contact with elected representatives. That citizen access to participate has been slowly eroded to become nothing more than an afterthought by those currently in power and in a moment you will agree with me when I say Democracy in Maine is, officially “Dead.” Ironically, it is the once respected Judiciary Committee that pulled the life support plug on our Democracy. More on that in a moment.
Let's start with how things were done in the past. When elected legislators submitted bills, most were either policies directly impacting Mainers or ideas sprung from communities mostly designed to help Maine people and communities. These ideas, sprung from necessity or a desire to improve lives, were referred to Joint Committees where staffers would schedule them for a public hearing. Standard practice was at least two weeks notice in the state's major newspapers. After the two weeks, people, everyday Mainers and lobbyists, (representing mostly Mainers) could come to the Legislature and let committee members know how they feel about each policy. When the Covid Pandemic hit, things changed. Committees held virtual “Zoom” meetings. More importantly, the politicians in power saw their opportunity to cut the public out of the equation. Partisanship and shenanigans are much easier when no one is watching.
One party rule is by far the worst form of government and in Maine, Democrats control both chambers of the Legislature and the Governorship. For decades, the Legislature did the hard work of negotiating budgets with 2/3rds support from representatives. In this scenario, the whole state is represented. That hard work has been replaced with simple majority budgets in recent years and as a result, state spending has doubled. In doing so, the majority has had to go into prolonged special sessions to avoid the Maine Constitution and statutory deadlines.
Worse, they have suspended the two week public hearing notice requirement and public process and replaced it with short public hearing notice. The committee clerks send out notices of bills at the end of the week, in many cases on Friday at 4-pm or even on weekends. The notice often says that a bill, just printed and made public, is scheduled for public hearing the following Monday. I ask you; how does a member of the working public learn about a bill that may affect them? The answer is, they can't. This hands all power to lobbyists and unelected department heads that routinely get notices of upcoming bills or know where to look for them. I am not exaggerating when I say, committee rooms are often empty, with no members of the public attending, only bureaucrats and lobbyists.
It doesn't end there. Committee Chairs now give preference to speakers that are from state agencies, both at public hearing and at work sessions. Amendments to legislation are worked secretly behind the scenes by special interests and department heads, instead of worked in open for all to see.
Back to the Judiciary Committee. In nearly 14 years as SAM Director, or in my 12 years prior serving as a Legislator, I have never seen more blatant abuse of the public process than that employed by Senator Carney, Chair of the Judiciary Committee. She is a leader of the Gun Safety Coalition and coincidentally, a termed out Legislator. She sets the rules of the committee and has made sure her agenda is steam rolling through, Democracy and fairness be damned. She allows two and three minutes for testimony on several bills, all at the same time. Except, if it is her gun control supporters. Supporters of her agenda go first and have all the time they need to speak. She serves up softball questions to her hand-picked experts, (Gun Safety Coalition leaders) while acting openly hostile to those who oppose her. On one bill, sponsored by Rep. Sachs of Freeport, she allowed the Representative to blatantly lie about the Sportsman's Alliance of Maine in what can only be described as slander. When Republicans on the committee tried to have the record corrected, Sen. Carney refused.
On another day, when Republican Judiciary committee members pointed out Sen. Carney was breaking the law by refusing to hold a public hearing on the “Red Flag” citizen Initiative Legislation, she dismissed the law as unconstitutional. That sounds like a tyrant!
The once respected Judiciary Committee is now a Kangaroo Court, designed by the Senate Chair to be a fast track for every conceivable bill to take your firearm rights, a virtual mouthpiece for the Gun Safety Coalition. She doesn't care about the law or the public hearing process. I wish I could say this was an exception to the rule at the statehouse, but it is not.
Fears of losing our Democracy is more than an election year fear tactic. It is a clear and present danger. Some in power have forgotten that the most fundamental component of a society, founded under the rule of law, is the power is granted by the governed and only when the governed respect the lawmaking process do they obey the law.
The arrogance of dismissing the public from the lawmaking process is a stab in the heart of the very foundation of the American system of a free and fair Republic.
I, as acting Coroner I call it. At 7:05 am, on June 1st 2025, Democracy in Maine is officially dead.