An Act to Implement the Recommendations of the Maine Commission on Public Defense Services to Clarify the Types of Cases for Which the Commission Is Responsible for Providing Counsel

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STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 698 - L.D. 1796
An Act to Implement the Recommendations of the Maine Commission on
Public Defense Services to Clarify the Types of Cases for Which the
Commission Is Responsible for Providing Counsel
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §1802, sub-§4, as amended by PL 2021, c. 676, Pt. A, §3, is further
amended to read:
4. Indigent legal services. "Indigent legal services" means legal representation
provided to:
A. An Legal representation provided to an indigent defendant in a criminal case in
which the United States Constitution or the Constitution of Maine or federal or state
law requires that the State provide representation;
B. An Legal representation provided to an indigent party in a civil case in which the
United States Constitution or the Constitution of Maine or federal or state law, except
any provision of Title 18-C, requires that the State provide representation;
C. Juvenile Legal representation provided to juvenile defendants; and
D. An Legal representation provided to an indigent defendant or party or a juvenile
for the purpose of filing, on behalf of that indigent defendant or party or juvenile, a
petition for certiorari to the Supreme Court of the United States from an adverse
decision of the Law Court on a case for which services were previously provided to
that defendant or party or juvenile pursuant to paragraph A, B or C.; and
E. Services performed by an attorney at the direction of the commission that aid the
commission in fulfilling the commission's purpose under section 1801.
"Indigent legal services" does not include the services of a guardian ad litem appointed
pursuant to any provision of Title 18-C or pursuant to Title 19-A, section 1658, subsection
2-A or Title 22, section 4005, subsection 1.
Sec. 2. 4 MRSA §1802-A, as enacted by PL 2023, c. 638, §4, is repealed and the
following enacted in its place:
§1802-A. Employed counsel and public defender; direct assignment prohibited
LAW WITHOUT
GOVERNOR'S
SIGNATURE

JANUARY 11, 2026
CHAPTER
511
PUBLIC LAW
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1. Duties. An attorney may be employed by the commission both as employed counsel
and as a public defender.
2. Direct assignment by court prohibited. A court may not directly assign or appoint
a public defender or employed counsel to represent a party entitled to indigent legal
services.
Sec. 3. 18-C MRSA §5-119, sub-§1, as amended by PL 2019, c. 417, Pt. A, §14,
is further amended to read:
1. Attorney for respondent. Unless the court has made a finding that the respondent
is indigent and has appointed an attorney for the respondent on that basis, an attorney for a
respondent in a proceeding under this Act is entitled to reasonable compensation and
reimbursement of reasonable expenses from the property of the respondent. If the court
has made a finding that the respondent is indigent and has appointed an attorney for the
respondent on that basis, the court shall provide reasonable compensation to and reimburse
the reasonable expenses of the attorney.
Sec. 4. 18-C MRSA §5-205, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
4. Appointment of counsel. A nonconsenting parent whose parental rights have not
been terminated is entitled to court-appointed legal counsel if indigent. In a contested
action, the court may also appoint counsel for any indigent guardian or petitioner when a
parent or legal custodian has counsel. The court shall provide reasonable compensation to
and reimburse the reasonable expenses of an attorney appointed under this subsection.
Sec. 5. 18-C MRSA §5-205, sub-§5, as enacted by PL 2017, c. 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
5. Attorney for a minor; notice to minor. If the court determines at any stage of the
proceeding, before or after appointment, that the interests of the minor are or may be
inadequately represented, the court may appoint an attorney to represent the minor, giving
consideration to the choice of the minor if the minor has attained 14 years of age. The court
shall provide reasonable compensation to and reimburse the reasonable expenses of an
attorney appointed for the minor under this subsection. A minor may appear with or
through counsel, but the court is not restricted from requiring the minor to be present for
some or all of a hearing or other proceeding. A minor 14 years of age or older must receive
notice of any proceeding subsequent to the appointment of a guardian through the same
means as required for any other party, and the minor may consent, object or otherwise
participate in the proceeding.
Sec. 6. 18-C MRSA §5-210, sub-§1, as amended by PL 2019, c. 417, Pt. A, §19,
is further amended to read:
1. Modification of guardianship order. A guardian of a minor, a parent of a minor,
a person interested in the welfare of a minor or the minor, if 14 years of age or older, may
file a motion asking the court to modify the terms of an order appointing a guardian or to
take other action in the best interest of the minor as circumstances require. The motion
must be filed with the court and served on all parties entitled to notice. In a contested
action, the court may appoint counsel for the minor or for any indigent guardian or parent.
If the court appoints counsel for a minor or an indigent guardian or parent under this
subsection, the court shall provide reasonable compensation to and reimburse the
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reasonable expenses of the attorney. Unless the motion specifies that it is filed with the
consent of all parties entitled to notice, the matter must be set for hearing to determine
whether there has been a substantial change in circumstances necessitating modification of
the order and how the court should modify the order in furtherance of the best interest of
the minor and the parent's rights. The court may identify certain requirements that must be
met before specific provisions of the order are modified. A court may modify a term of a
guardianship order as needed to grant relief to a party to address contempt or other failure
to follow the order.
Sec. 7. 18-C MRSA §5-210, sub-§7, as amended by PL 2019, c. 417, Pt. A, §20,
is further amended to read:
7. Parent's petition to terminate guardianship; burden of proof. A parent may
bring a petition to terminate the guardianship of a minor. A parent's notification to the
court of the revocation of prior consent for a guardianship must be considered a petition to
terminate the guardianship. Before the court may apply the termination requirements in
subsection 6, a party opposing a parent's petition to terminate a guardianship bears the
burden of proving by clear and convincing evidence that the parent seeking to terminate
the guardianship is currently unfit to regain custody of the minor, in accordance with the
standard set forth in section 5‑204, subsection 2, paragraph C. If the party opposing
termination of the guardianship fails to meet its burden of proof on the question of the
parent's fitness to regain custody, the court shall terminate the guardianship and make any
further order that may be appropriate. In a contested action, the court may appoint counsel
for the minor or for any indigent guardian or parent. If the court appoints counsel for a
minor or an indigent guardian or parent under this subsection, the court shall provide
reasonable compensation to and reimburse the reasonable expenses of the attorney. In
ruling on a petition to terminate a guardianship, the court may modify the terms of the
guardianship or order transitional arrangements pursuant to section 5‑211.
Sec. 8. 18-C MRSA §5-406, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended by enacting at the end a new first
blocked paragraph to read:
Section 5-119, subsection 1 governs payment of an attorney appointed by the court to
represent a respondent under this subsection.
Sec. 9. 18-C MRSA §5-406, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended by enacting at the end a new first
blocked paragraph to read:
If the court appoints counsel for a parent under this subsection and makes a finding that the
parent is indigent, the court shall provide reasonable compensation to and reimburse the
reasonable expenses of the attorney.
Sec. 10. 18-C MRSA §5-507, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2
and affected by PL 2019, c. 417, Pt. B, §14, is amended by enacting at the end a new first
blocked paragraph to read:
Section 5-119, subsection 1 governs payment of an attorney appointed by the court to
represent a respondent under this subsection.
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Sec. 11. 18-C MRSA §5-507, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2
and affected by PL 2019, c. 417, Pt. B, §14, is amended by enacting at the end a new first
blocked paragraph to read:
If the court appoints counsel for a parent under this subsection and makes a finding that the
parent is indigent, the court shall provide reasonable compensation to and reimburse the
reasonable expenses of the attorney.
Sec. 12. 18-C MRSA §9-106, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
1. Attorney for parents. The parents are entitled to an attorney for any hearing held
pursuant to this Article. If a parent or putative parent wants an attorney but is unable to
afford one, the parent or the putative parent may request the court to appoint an attorney.
If the court finds the requesting party indigent, the court shall appoint and pay the
reasonable costs and provide reasonable compensation to and reimburse the reasonable
expenses of the attorney of the indigent party. The attorney may not be the attorney for the
adoptive parents.
Sec. 13. 18-C MRSA §9-106, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2
and affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
2. Attorney for minor indigent parent. When the adoptee is unrelated to the
petitioner, the court shall appoint an attorney who is not the attorney for the adoptive
parents to represent a minor indigent parent at every stage of the proceedings unless the
minor indigent parent refuses representation or the court determines that representation is
unnecessary. If the court appoints counsel for a minor indigent parent under this
subsection, the court shall provide reasonable compensation to and reimburse the
reasonable expenses of the attorney.
Sec. 14. 18-C MRSA §9-315, sub-§1, ¶A, as enacted by PL 2017, c. 402, Pt. A,
§2 and affected by PL 2019, c. 417, Pt. B, §14, is amended by amending the first blocked
paragraph to read:
The court may allocate the costs of the guardian ad litem to one or more of the parties
and may appoint counsel for a minor adoptee or a party to the annulment proceedings.
If the court appoints counsel for a minor or an indigent party under this paragraph, the
court shall provide reasonable compensation to and reimburse the reasonable expenses
of the attorney. A minor adoptee may appear and be represented by counsel.
Sec. 15. 19-A MRSA §1658, sub-§2-A, ¶A, as enacted by PL 2021, c. 340, §2, is
amended to read:
A. The court shall appoint an attorney for a parent who is the subject of a petition to
terminate parental rights and responsibilities under this section and who is indigent. In
a contested action, the court may also appoint counsel for any indigent petitioner who
files a petition under this section when the parent who is the subject of the petition is
represented by counsel.
Sec. 16. 19-A MRSA §1658, sub-§2-A, ¶A-1 is enacted to read:
A-1. In a contested action, the court may appoint counsel for any indigent petitioner
who files a petition under this section when the parent who is the subject of the petition
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is represented by counsel. The court shall provide reasonable compensation to and
reimburse the reasonable expenses of an attorney appointed under this paragraph.
Sec. 17. 34-B MRSA §3864, sub-§10, as amended by PL 2007, c. 319, §10, is
further amended to read:
10. Expenses. With the exception of expenses incurred by the applicant pursuant to
subsection 5, paragraph F, the District Court is responsible for any expenses incurred under
this section, including fees of appointed counsel, witness and notice fees and expenses of
transportation for the person but not fees of appointed counsel.
Sec. 18. Appropriations and allocations. The following appropriations and
allocations are made.
PUBLIC DEFENSE SERVICES, MAINE COMMISSION ON
Maine Commission on Public Defense Services Z112
Initiative: Reclassifies an Assistant Defender I position to a Deputy District Defender
position.
GENERAL FUND 2025-26 2026-27
Personal Services $1,000 $1,000
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GENERAL FUND TOTAL $1,000 $1,000