Pay-to-Play: Maine’s Unconstitutional Requirement for Indigent Defendants to Pay to Appeal Eviction Judgments

Maine’s eviction appeal process imposes financial barriers that effectively condition appellate review on a tenant’s ability to pay. Under Maine law, tenants must pay rent or arrears—often in dispute—before filing an appeal. This “pay-to-play” requirement disproportionately harms low-income tenants, particularly those receiving public assistance, and violates constitutional due process and equal protection guarantees. Despite federal and state precedent rejecting financial barriers to appeals, Maine’s eviction appeal system continues to restrict access to justice for indigent tenants. This Article examines the legal and constitutional implications of these requirements, comparing Maine’s approach to eviction appeals with those of other states. It explores the disparate impact of these financial barriers on protected classes, particularly tenants of color and women, who face disproportionately high eviction rates. This Article finds that Maine’s eviction appeal process unlawfully denies indigent tenants meaningful access to the courts. It argues that requiring tenants to pay in order to challenge an eviction judgment exacerbates housing instability and reinforces systemic inequities. The Article further highlights alternative state models that balance due process protections with landlord interests, offering a comparative framework for reform. To address constitutional deficiencies imposed by the appeal bond, this Article recommends legislative changes to eliminate financial prerequisites for filing eviction appeals. It proposes a bifurcated approach that distinguishes between tenants seeking to remain in possession and those appealing solely to challenge an eviction judgment. Additionally, it calls for fee waivers and escrow procedures that allow tenants to contest wrongful evictions without facing insurmountable financial hurdles. By reforming its eviction appeal process, Maine can align its housing policies with constitutional protections and ensure that all tenants, regardless of income, have meaningful access to appellate review.