An Act to Address the Limited Availability of Counsel in Courts to Represent Indigent Parties in Matters Affecting Their Fundamental Rights

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 462 - L.D. 1101
An Act to Address the Limited Availability of Counsel in Courts to Represent
Indigent Parties in Matters Affecting Their Fundamental Rights
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is designed to address an existing crisis in the courts arising
from the limited availability of counsel qualified by the Maine Commission on Public
Defense Services to represent indigent parties in criminal and child protection proceedings
affecting their fundamental rights; and
Whereas, when a court appoints counsel to represent an indigent party, compensation
must be made available to counsel, whether the commission or the court determined that
counsel is qualified to provide the representation; and
Whereas, a Maine Superior Court order issued in Robbins v. Billings, et al., No. CV-
22-054 (Me. Super. Ct., Ken. Cty., March 7, 2025) (Order After Phase One Trial)
establishes a conditional remedy to address claims for habeas corpus relief for violations
of the United States Constitution, Amendment VI and the Constitution of Maine, Article I,
Section 6 right to continuous representation; and
Whereas, the resources necessary to implement the conditional remedy are currently
under consideration by the Legislature and requested by the Maine Commission on Public
Defense Services; and
Whereas, the conditional remedy poses a concern about the public's interest in the
administration of criminal justice and the potential to jeopardize public safety if a criminal
defendant commits a dangerous act after dismissal and release granted in response to a
claim for habeas corpus relief; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
LAW WITHOUT
GOVERNOR'S
SIGNATURE

APRIL 23, 2025
CHAPTER
40
PUBLIC LAW
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Sec. 1. 4 MRSA §1805-A, sub-§1, as enacted by PL 2017, c. 284, Pt. UUUU, §14,
is amended to read:
1. Duties. The executive director shall administer and improve reimbursement of
expenses incurred by assigned counsel and, contract counsel and, until February 1, 2026,
a private attorney appointed under section 1807 by:
A. Establishing procedures to ensure that the eligibility of defendants and civil parties
is verified and reviewed randomly and when circumstances have changed, information
has changed, additional information is provided or as otherwise needed;
B. Petitioning the court to reassess the indigency of a defendant or civil party if the
executive director determines that indigency should be reassessed;
C. Providing to the commission recommendations to improve reimbursement of
expenses;
D. Requiring that the amount of time spent on each case by assigned counsel or
contract counsel is recorded separately for each case; and
E. Receiving from the courts collections for the costs of representation from
defendants or civil parties who are found to be partially indigent or who have otherwise
been determined to be able to reimburse the commission for expenses incurred by
assigned counsel or, contract counsel or, until February 1, 2026, a private attorney
appointed under section 1807.
Sec. 2. 4 MRSA §1805-A, sub-§3, as enacted by PL 2017, c. 284, Pt. UUUU, §14,
is amended to read:
3. Partial indigency and reimbursement. This subsection applies to partial
indigency and reimbursement of expenses incurred by assigned counsel or, contract
counsel or, until February 1, 2026, a private attorney appointed under section 1807.
A. If the court determines that a defendant or civil party is unable to pay to obtain
private counsel but is able to contribute to payment of assigned counsel or, contract
counsel or, until February 1, 2026, a private attorney appointed under section 1807, the
court shall order the defendant or civil party to make installment payments up to the
full cost of representation or to pay a fixed contribution. The court shall remit
payments received to the commission.
B. A defendant or civil party may not be required to pay for legal services in an amount
greater than the expenses actually incurred.
C. Upon petition of a defendant or civil party who is incarcerated, the court may
suspend an order for reimbursement issued pursuant to this subsection until the time of
the defendant’s or civil party’s release.
D. The executive director may enter into contracts to secure the reimbursement of fees
and expenses paid by the commission as provided for in this section.
Sec. 3. 4 MRSA §1807 is enacted to read:
§1807. Court appointment of private attorney
1. Appointment of private attorneys by District Court and Superior Court.
Notwithstanding any provision of this chapter to the contrary, a court may appoint a private
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attorney to represent a person who is eligible to receive indigent legal services in a matter
pending before the District Court or Superior Court if the court finds the following:
A. A public defender, assigned counsel, contract counsel or employed counsel is not
available to represent the person;
B. The private attorney is qualified to represent the person in the matter pending before
the court, has not been disqualified by the commission and has at least 3 years of legal
experience relevant to the pending matter; and
C. The private attorney is willing to undertake the representation, which may be
limited representation defined by the court in its appointment order.
2. Private attorney appointment; Supreme Judicial Court. Notwithstanding any
provision of this chapter to the contrary, a court may appoint a private attorney to represent
a person who is eligible to receive indigent legal services in a matter before the Supreme
Judicial Court if the court finds the following:
A. A public defender, assigned counsel, contract counsel or employed counsel is not
available to represent the person;
B. The private attorney is qualified to represent the person in the matter pending before
the court, has not been disqualified by the commission and either has at least 3 years
of legal experience relevant to the pending matter or has previously served as a law
clerk analyzing cases relevant to the pending matter; and
C. The private attorney is willing to undertake the representation, which may be
limited representation defined by the court in its appointment order.
3. Compensation. The commission shall provide compensation and reimbursement
to a private attorney appointed by the court under subsection 1 or 2. The compensation and
reimbursement must be equivalent to the reimbursement provided to assigned counsel
under the rulemaking directed by section 1804, subsection 3, paragraph F. The process for
compensation of private attorneys appointed pursuant to subsection 1 or 2 must be in
accordance with the requirements established by the commission under section 1804,
subsection 3, paragraph B for voucher review and payment authorization.
4. Supervision. The commission's supervision of a private attorney appointed pursuant
to subsection 1 or 2 is limited to addressing complaints made by the client whom the private
attorney was appointed to represent under subsection 1 or 2.
5. Confidentiality. The provisions of section 1806, subsections 2 and 3 apply, to the
same extent that those provisions apply to commission-rostered attorneys who serve as
assigned counsel, to private attorneys appointed by the court to provide indigent legal
services pursuant to subsections 1 and 2.
6. Repeal. This section is repealed February 1, 2026.
Sec. 4. Report; Maine Commission on Public Defense Services. By January
1, 2026, the Maine Commission on Public Defense Services shall submit a report to the
Joint Standing Committee on Judiciary that includes, at a minimum, the following
information:
1. An update on the status of the Robbins v. Billings, et al., No. CV-22-054 (Me.
Superior Court) litigation, including information on the number of defendants granted
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habeas corpus relief by the court, the type of habeas corpus relief granted to these
defendants and the efforts the commission made to provide counsel to those defendants
before habeas corpus relief was granted;
2. Statistics on the number of clients for whom the new Assistant Defender I positions
established by this Act have provided indigent legal services, with detail on the number of
clients who were criminal defendants, including the number who were incarcerated and
who were not incarcerated when the representation began; the number of clients who were
parents in child protection proceedings; and the number of clients who were entitled to
other indigent legal services and the type of cases in which representation was provided to
these clients. The report must also include a description of the commission’s plans for
using the services of these Assistant Defender I positions in the future; and
3. Information on implementation of the commission's duty to compensate private
attorneys appointed by a court pursuant to the Maine Revised Statutes, Title 4, section
1807, subsections 1 and 2, including detail on the amount of compensation paid to these
private attorneys; information on the number of commission-rostered attorneys who have
left the roster and are currently accepting appointments under Title 4, section 1807;
information on the number of private attorneys appointed by a court pursuant to Title 4,
section 1807 who subsequently applied to be on a commission roster; and any related
recommendations for improving or repealing Title 4, section 1807.
The Joint Standing Committee on Judiciary may report out legislation related to the
report to the Second Regular Session of the 132nd Legislature.
Sec. 5. Report; Judicial Department. By January 1, 2026, the Judicial
Department shall submit a report to the Joint Standing Committee on Judiciary that
includes, at a minimum, the following information:
1. Statistics on the number of cases in which courts have appointed private attorneys
to provide indigent legal services pursuant to the Maine Revised Statutes, Title 4, section
1807, subsections 1 and 2, with detail on the number of cases involving criminal
defendants, including the number of those defendants who were incarcerated and the
number who were not incarcerated when the appointments were made; the number of child
protection proceedings in which private attorneys were appointed; and the number of cases
involving other indigent legal services in which appointments were made; and
2. Information on implementation of the commission's duty to compensate private
attorneys appointed by a court pursuant to the Maine Revised Statutes, Title 4, section
1807, subsections 1 and 2, including any recommendations for improving or repealing Title
4, section 1807.
The Joint Standing Committee on Judiciary may report out legislation related to the
report to the Second Regular Session of the 132nd Legislature.
Sec. 6. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC DEFENSE SERVICES, MAINE COMMISSION ON
Maine Commission on Public Defense Services Z112
Initiative: Provides ongoing funding to establish 5 Assistant Defender I positions, 2
Paralegal positions and one Legal Administrator position. These positions are primarily
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responsible for providing indigent legal services to criminal defendants and parties in child
protective proceedings for whom another public defender, assigned counsel, contract
counsel or employed counsel is not available to represent the defendant or party and, to the
extent there is additional capacity, these positions may also represent other individuals who
are eligible for indigent legal services but for whom another public defender, assigned
counsel, contract counsel or employed counsel is not available to represent the person.
GENERAL FUND 2024-25 2025-26 2026-27
POSITIONS - LEGISLATIVE
COUNT
8.000 8.000 8.000
Personal Services $200,522 $1,203,134 $1,216,315
All Other $6,000 $40,660 $40,660
__________ __________ __________
GENERAL FUND TOTAL $206,522 $1,243,794 $1,256,975
Maine Commission on Public Defense Services Z112
Initiative: Provides ongoing funding to compensate assigned counsel that the Legislature
authorized the courts to appoint at the current billing rate for assigned legal counsel of $150
per hour.
GENERAL FUND 2024-25 2025-26 2026-27
All Other $62,500 $375,000 $375,000
__________ __________ __________
GENERAL FUND TOTAL $62,500 $375,000 $375,000

PUBLIC DEFENSE SERVICES,
MAINE COMMISSION ON

DEPARTMENT TOTALS 2024-25 2025-26 2026-27

GENERAL FUND $269,022 $1,618,794 $1,631,975
__________ __________ __________
DEPARTMENT TOTAL - ALL
FUNDS
$269,022 $1,618,794 $1,631,975
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.