Justice might be blind, but it sees conflicts of interest. Such as Maine’s judiciary controlling funds for indigent defense, which could give an impression that judges may put budgets, not adequate court-appointed representation, first.

Maine is different among states in allowing this; most others, according to a new state study, awoke to this conflict and turned this responsibility over to an independent, objective overseer.

The Indigent Legal Services Commission, which authored the study, recommends the creation of a commission to manage indigent services, outside the judiciary and supported by the state’s General Fund. This model is used elsewhere and would be appropriate.

Chief Justice Leigh Saufley, in her State of the Judiciary speech, made this a priority. “You would never think of putting the prosecutors, the district attorneys and attorneys general, within the judicial branch budget,” she said. “Defending attorneys do not belong there, either.”

Yet resolving the appearance of conflict doesn’t address other problems with indigent defense, such as unpredictable cost and questions of whether services provided to defendants from court-appointed sources are worth the expense.

An independent commission would resolve both, but not entirely. Making the indigent fund independent would save the judiciary budget from volatility, but only by creating a new entity that competes for General Fund money with the same unpredictable budget.

Whatever shape the commission takes, its imperative, constitutional mission cannot become a budget casualty or a hostage to tight budgets. Dedication of funds is paramount.

The commission would also be asked to address the effectiveness and efficiency of court-appointed defense, a sensitive subject. Yet it is arguable the judiciary, not an outside authority, is best to do this. There are few better evaluators of legal effectiveness than judges.

And the judiciary, to date, not only pays for court-appointed services, but works daily with the lawyers and other professionals who provide them. It makes sense then for judges to study this landscape and suggest reforms, while leaving the implementation to the new commission.

Erasing the appearance of conflict on indigent defenses needs immediate attention, both for the day-to-day operation of Maine’s courts and for preserving integrity in the judicial process.

An independent commission, as other states employ, is the right vehicle for it.