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Page 1 - 132LR2847(04)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
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S.P. 852 - L.D. 2059
An Act to Provide Required Funding for the Reimbursement of Assigned
Counsel
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State's constitutional and statutory obligations include ensuring that
each person facing a potential loss of liberty in a criminal or juvenile proceeding and each
parent facing a potential loss of parental rights in a child protection proceeding is provided
with effective representation; and
Whereas, on January 3, 2025, in Robbins v. Billings, et al. No. CV-22-054 (Me.
Super. Ct., Ken. Cty., Jan. 3, 2025) (Combined Order on Partially Dispositive Motions),
the Maine Superior Court concluded that the State has violated its constitutional obligations
under the United States Constitution, Amendment VI to provide continuous representation
to certain criminal defendants in the State; and
Whereas, the State's primary method for fulfilling its constitutional and statutory
obligations is through the appointment of qualified attorneys to provide indigent legal
services to eligible persons and reimbursement of these attorneys by the Maine
Commission on Public Defense Services in accordance with the hourly rate established by
law and the restrictions on eligible expenses established by the commission by rule; and
Whereas, due to a shortfall in funding, the Maine Commission on Public Defense
Services is anticipated to exhaust available appropriations to reimburse assigned counsel
in April 2026; 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:
Sec. 1. Appropriations and allocations. The following appropriations and
allocations are made.
APPROVED
MARCH 19, 2026
BY GOVERNOR
CHAPTER
581
PUBLIC LAW
Page 2 - 132LR2847(04)
PUBLIC DEFENSE SERVICES, MAINE COMMISSION ON
Maine Commission on Public Defense Services Z112
Initiative: Provides one-time funding to address the shortfall in funding available to
compensate constitutionally and statutorily required assigned counsel in fiscal years 2025-
26 and 2026-27.
GENERAL FUND 2025-26 2026-27
All Other $13,000,000 $9,000,000
__________ __________
GENERAL FUND TOTAL $13,000,000 $9,000,000
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.