Maine Defends Privacy Law in Battle Over DOJ Subpoena for Inmate Records

Maine is pushing back against a federal subpoena, arguing that state privacy statutes protect inmate records from disclosure without a court order.

The U.S. Department of Justice issued the subpoena on June 15, seeking records connected to Andrea Balcer, a transgender inmate at the Maine Correctional Center in Windham, according to court documents filed Monday by the Maine Attorney General's Office in U.S. District Court.

The records request comes as the DOJ investigates Maine's handling of transgender inmates placed in women's prisons—a practice also under review in California, according to the department's March 26 announcement.

The subpoena asks for all grievances filed against Balcer, along with prison system responses and investigative materials. The Justice Department also wants records documenting Balcer's housing decisions, as well as files concerning one of the inmates who complained to the Department of Corrections, including her classification, release status, and disciplinary history.

Under Maine law, inmate records—including medical files, mental health information, and investigative materials gathered under the Prison Rape Elimination Act—are confidential unless a judge specifically orders their release. State attorneys argued in court filings that this protection applies regardless of who is requesting the documents.

"If a judge does order Maine to comply, the state is seeking a confidentiality order that would bar the DOJ from publicly disclosing private information," the motion states. Court records indicate the state had been discussing a confidentiality agreement with federal prosecutors but failed to reach one before the subpoena was issued.

The federal government is pursuing the records under the Civil Rights of Institutionalized Persons Act, according to court documents.

Balcer became the subject of local attention earlier this year when several women at the Windham facility reported to prison administrators that she had sexually harassed them. Those inmates said their complaints went unheeded, and Balcer remained in their housing unit. The women subsequently filed a civil lawsuit against Balcer and prison officials in April.

As of Wednesday, court records showed Balcer had no attorney representing her in that case. A Sun Journal reporter's attempts to reach her in March about the harassment allegations were unsuccessful.

Corrections Commissioner Randall Liberty told state lawmakers earlier this month that the prison system operates in accordance with both state and federal law regarding transgender inmates.

The DOJ has not commented publicly on the investigation. A spokesperson for the Maine Attorney General's Office said Tuesday the office had no comment on the matter.

State attorneys noted in court filings that the subpoena could be just the beginning. "It's possible that USDOJ will seek additional records from MDOC as the investigation progresses," they wrote.