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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 894 - L.D. 2193
An Act to Extend the Requirement That the Maine Commission on Public
Defense Services Compensate Certain Private Attorneys Appointed to
Provide Indigent Legal Services
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Public Law 2025, chapter 40 requires the Maine Commission on Public
Defense Services to compensate an attorney appointed by a District Court, a Superior Court
or the Supreme Judicial Court to represent a person who is eligible to receive indigent legal
services if no public defender, assigned counsel, contract counsel or employed counsel is
available to represent the person and if the appointed attorney is willing and qualified to
undertake the representation; and
Whereas, the provision of Public Law 2025, chapter 40 requiring compensation of
private attorneys appointed by state courts to provide indigent legal services was repealed
on February 1, 2026; and
Whereas, due to the current lack of attorneys rostered by the Maine Commission on
Public Defense Services to take these indigent legal services cases, it is important to extend
this provision for a period of one year to ensure that the fundamental rights of indigent
parties in these proceedings are protected; 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. 4 MRSA §1802, sub-§4-A is enacted to read:
4-A. Private attorney. "Private attorney" means an attorney who is not a public
defender, contract counsel, assigned counsel or employed counsel.
Sec. 2. 4 MRSA §1805-A, sub-§1, as amended by PL 2025, c. 40, §1, is further
amended to read:
APPROVED
APRIL 3, 2026
BY GOVERNOR
CHAPTER
607
PUBLIC LAW
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1. Duties. The executive director shall administer and improve reimbursement of
expenses incurred by assigned counsel, contract counsel and, until February April 1, 2026
2027, a private attorney appointed under section 1807 1807-A 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, contract counsel or, until February April 1, 2026 2027, a private
attorney appointed under section 1807 1807-A.
Sec. 3. 4 MRSA §1805-A, sub-§3, as amended by PL 2025, c. 40, §2, is further
amended to read:
3. Partial indigency and reimbursement. This subsection applies to partial
indigency and reimbursement of expenses incurred by assigned counsel, contract counsel
or, until February April 1, 2026 2027, a private attorney appointed under section 1807
1807-A.
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, contract
counsel or, until February April 1, 2026 2027, a private attorney appointed under
section 1807 1807-A, 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. 4. 4 MRSA §1807-A is enacted to read:
§1807-A. 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
attorney to represent a person who is eligible to receive indigent legal services in a matter
pending before the District Court or Superior Court, including for purposes of providing
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limited representation as defined by the court in its appointment order, 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 consents in advance to the appointment.
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, including for purposes of providing limited representation as defined by the
court in its appointment order, 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 consents in advance to the appointment.
3. Compensation and reimbursement. The commission shall provide compensation
and reimbursement to a private attorney appointed by the court under subsection 1 or 2 in
accordance with this subsection.
A. The compensation and reimbursement must be equivalent to the compensation and
reimbursement provided to assigned counsel under the rulemaking directed by section
1804, subsection 3, paragraph F. The commission may decline to compensate or
reimburse the private attorney for a particular expense or task to the same extent that
the commission would decline to compensate or reimburse assigned counsel for a
similar expense or task under the rules and procedures adopted by the commission
pursuant to section 1804.
B. The process for compensation and reimbursement must be in accordance with the
requirements established by the commission under section 1804, subsection 3,
paragraph B for voucher review and payment authorization.
C. For each court proceeding identified by a single docket number, the commission is
not required to compensate or reimburse more than one private attorney for services
provided to represent a single indigent legal services client.
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
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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 April 1, 2027.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.