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131st MAINE LEGISLATURE
FIRST REGULAR SESSION-2023
Legislative Document No. 653S.P. 270 In Senate, February 14, 2023
An Act to Support Constitutionally Required Public Defense by
Creating the Maine Office of Public Defense Services
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Representative MOONEN of Portland and
Senator: LYFORD of Penobscot, Representatives: ANDREWS of Paris, HAGGAN of
Hampden, HENDERSON of Rumford, LEE of Auburn, POIRIER of Skowhegan, RECKITT
of South Portland. Page 1 - 131LR0286(01)
1
2
3 is amended to read:
4
5 OFFICE OF
6
7 as enacted by PL 2009, c. 419, §2, is amended to read:
8
9
10 The Maine Commission on Indigent Legal Services, established by Title 5, section
11 12004‑G, subsection 25‑A, Office of Public Defense Services is established as an
12 independent commission office whose purpose is to provide efficient, high-quality
13 representation to indigent criminal defendants, juvenile defendants and children and
14 parents in child protective cases, consistent with federal and state constitutional and
15 statutory obligations. The commission office shall work to ensure the delivery of indigent
16 legal services by qualified and competent counsel in a manner that is fair and consistent
17 throughout the State and to ensure adequate funding of a statewide system of indigent legal
18 services, which must be provided and managed in a fiscally responsible manner, free from
19 undue political interference and conflicts of interest. The Maine Commission on Indigent
20 Legal Services oversees the office.
21 as enacted by PL 2009, c. 419, §2, is amended
22 to read:
23
24 commission office to provide indigent legal services at public expense.
25 as enacted by PL 2009, c. 419, §2, is amended
26 to read:
27
28 Services under described in section 1801 1803.
29 as enacted by PL 2009, c. 419, §2, is amended
30 to read:
31
32 the commission office to provide indigent legal services.
33 is enacted to read:
34
35 1801.
36 as repealed and replaced by PL 2017, c. 430,
37 §1, is amended to read: Page 2 - 131LR0286(01)
1
2 12004‑G, subsection 25‑A, consists of 9 members appointed by the Governor and subject
3 to review by the joint standing committee of the Legislature having jurisdiction over
4 judiciary matters and confirmation by the Legislature. The Governor shall designate one
5 member to serve as chair of the commission. The membership consists of the following:
6 A. One member from a list of qualified potential appointees, provided by the President
7 of the Senate;
8 B. One member from a list of qualified potential appointees, provided by the Speaker
9 of the House of Representatives;
10 C. Three members from a list of qualified potential appointees, provided by the Chief
11 Justice of the Supreme Judicial Court;
12 D. One member with experience in administration and finance;
13 E. One member with experience providing representation in child protection
14 proceedings;
15 F. One member from a list of qualified potential appointees who are attorneys engaged
16 in the active practice of law and provide indigent legal services, provided by the
17 president of the Maine State Bar Association. This member is a nonvoting member of
18 the commission; and
19 G. One member from a list of qualified potential appointees who are attorneys engaged
20 in the active practice of law and provide indigent legal services, provided by the
21 president of a statewide organization, other than the Maine State Bar Association, that
22 represents criminal defense attorneys. This member is a nonvoting member of the
23 commission.
24 In determining the appointments and recommendations under this subsection, the
25 Governor, the President of the Senate, the Speaker of the House of Representatives, the
26 Chief Justice of the Supreme Judicial Court, the president of the Maine State Bar
27 Association and the president of the statewide organization that represents criminal defense
28 attorneys shall consider input from individuals and organizations with an interest in the
29 delivery of indigent legal services. Recommendations provided by the president of the
30 Maine State Bar Association and the president of the statewide organization representing
31 criminal defense attorneys must consist of attorneys providing indigent legal services as a
32 majority of their law practices.
33 as enacted by PL 2009, c. 419, §2, is amended
34 to read:
35 Director. The commission shall hire an executive a director of
36 the office. The executive director must have experience in the legal field, including, but not
37 limited to, the provision of indigent legal services.
38 as amended by PL 2017, c. 284, Pt. UUUU,
39 §2, is further amended to read:
40 D. Standards for the evaluation of assigned counsel and contract counsel. The
41 commission shall review the standards developed pursuant to this paragraph every 5
42 years or upon the earlier recommendation of the executive director; Page 3 - 131LR0286(01)
1 as amended by PL 2017, c. 284, Pt.
2 UUUU, §5, is further amended to read:
3 J. Develop an administrative review and appeal process for attorneys who are
4 aggrieved by a decision of the executive director, or the executive director's designee,
5 determining:
6 (1) Whether an attorney meets the minimum eligibility requirements to receive
7 assignments or to receive assignments in specialized case types pursuant to any
8 commission rule setting forth eligibility requirements;
9 (2) Whether an attorney previously found eligible is no longer eligible to receive
10 assignments or to receive assignments in specialized case types pursuant to any
11 commission rule setting forth eligibility requirements; and
12 (3) Whether to grant or withhold a waiver of the eligibility requirements set forth
13 in any commission rule.
14 All decisions of the commission, including decisions on appeals under subparagraphs
15 (1), (2) and (3), constitute final agency action. All decisions of the executive director,
16 or the executive director's designee, other than decisions appealable under
17 subparagraphs (1), (2) and (3), constitute final agency action;
18 as amended by PL 2021, c. 481, §6, is further amended
19 by amending the section headnote to read:
20 Director
21
22 to read:
23 The executive director of the commission office hired pursuant to section 1804,
24 subsection 1 shall:
25 as enacted by PL 2021, c. 481, §6, is
26 amended to read:
27
28 recoup payments when necessary. The executive director may exercise the subpoena
29 power of the commission granted under section 1804, subsection 3, paragraph O;
30 as enacted by PL 2009, c. 419, §2, is amended
31 to read:
32
33 or portions of the meetings that address the question of appointment or removal of the
34 executive director; and
35 as enacted by PL 2017, c. 284, Pt. UUUU, §14, is
36 amended to read:
37
38
39 expenses incurred by assigned counsel and contract counsel by: Page 4 - 131LR0286(01)
1 A. Establishing procedures to ensure that the eligibility of defendants and civil parties
2 is verified and reviewed randomly and when circumstances have changed, information
3 has changed, additional information is provided or as otherwise needed;
4 B. Petitioning the court to reassess the indigency of a defendant or civil party if the
5 executive director determines that indigency should be reassessed;
6 C. Providing to the commission recommendations to improve reimbursement of
7 expenses;
8 D. Requiring that the amount of time spent on each case by assigned counsel or
9 contract counsel is recorded separately for each case; and
10 E. Receiving from the courts collections for the costs of representation from
11 defendants or civil parties who are found to be partially indigent or who have otherwise
12 been determined to be able to reimburse the commission for expenses incurred by
13 assigned counsel or contract counsel.
14
15 shall provide the court having jurisdiction over a proceeding information used to determine
16 indigency for guidance to the court in determining a defendant’s or civil party’s financial
17 ability to obtain private counsel.
18
19 indigency and reimbursement of expenses incurred by assigned counsel or contract
20 counsel.
21 A. If the court determines that a defendant or civil party is unable to pay to obtain
22 private counsel but is able to contribute to payment of assigned counsel or contract
23 counsel, the court shall order the defendant or civil party to make installment payments
24 up to the full cost of representation or to pay a fixed contribution. The court shall remit
25 payments received to the commission.
26 B. A defendant or civil party may not be required to pay for legal services in an amount
27 greater than the expenses actually incurred.
28 C. Upon petition of a defendant or civil party who is incarcerated, the court may
29 suspend an order for reimbursement issued pursuant to this subsection until the time of
30 the defendant’s or civil party’s release.
31 D. The executive director may enter into contracts to secure the reimbursement of fees
32 and expenses paid by the commission as provided for in this section.
33 as enacted by PL 2011, c. 260, §1, is
34 amended to read:
35 C. "Request for funds for expert or investigative assistance" means a request submitted
36 to the commission office by an indigent party or by an attorney on behalf of an indigent
37 client seeking authorization to expend funds for expert or investigative assistance,
38 which includes, but is not limited to, the assistance of a private investigator, interpreter
39 or translator, psychiatrist, psychologist or other mental health expert, medical expert
40 and scientific expert.
41 as amended by PL 2015, c. 290, §1, is further
42 amended to read: Page 5 - 131LR0286(01)
1
2 possession of the commission office are not open to public inspection and do not constitute
3 public records as defined in Title 1, section 402, subsection 3.
4 A. Individual client information that is submitted by a commission-rostered an office-
5 rostered attorney or a court is confidential, except that the names of criminal defendants
6 and the names of juvenile defendants charged with offenses that if committed by an
7 adult would constitute murder or a Class A, Class B or Class C crime are not
8 confidential.
9 B. Information subject to the lawyer-client privilege set forth in the Maine Rules of
10 Evidence, Rule 502 or that constitutes a confidence or secret under the Maine Rules of
11 Professional Conduct, Rule 1.6 is confidential.
12 C. Personal contact information of a commission-rostered an office-rostered attorney
13 is confidential.
14 D. Personal contact information of a member of the commission or a commission staff
15 member is confidential.
16 E. A request for funds for expert or investigative assistance that is submitted by an
17 indigent party or by an attorney on behalf of an indigent client is confidential. The
18 decision of the executive director of the commission office hired pursuant to section
19 1804, subsection 1, or the executive director's designee, to grant or deny such a request
20 is not confidential after a case has been completed. A case is completed when the
21 judgment is affirmed on appeal or the period for appeal has expired.
22 F. Any information obtained or gathered by the commission office when performing
23 an evaluation or investigation of an attorney is confidential, except that it may be
24 disclosed to the attorney being evaluated or investigated.
25 as enacted by PL 2011, c. 547, §2, is amended
26 to read:
27
28 Department may disclose to the commission office confidential information necessary for
29 the commission office to carry out its functions, including the collection of amounts owed
30 to reimburse the State for the cost of assigned counsel, as follows:
31 A. Case information and individual client information with respect to court
32 proceedings that are confidential by statute or court rule in which one or more parties
33 are represented by assigned counsel; and
34 B. The name, address, date of birth and social security number of any person ordered
35 by the court to reimburse the State for some or all of the cost of assigned counsel.
36 This information remains confidential in the possession of the commission office and is not
37 open to public inspection, except that the names of criminal defendants and the names of
38 juvenile defendants charged with offenses that if committed by an adult would constitute
39 murder or a Class A, Class B or Class C crime are not confidential.
40
41 as enacted by PL 2021, c. 398, Pt. GGG, §2, is
42 amended to read: Page 6 - 131LR0286(01)
1 Commission on
2 Indigent Legal Office of Public Defense Services is within salary range 37.
3 as enacted by PL 2009, c. 419, §3, is amended to read:
4 Office of Public Defense Services
5
6 influencing positions within the Maine Commission on Indigent Legal Office of Public
7 Defense Services. Notwithstanding any other provision of law to the contrary, these
8 positions and their successor positions are subject to this chapter:
9 A. Executive director Director.
10 as enacted by PL 2021, c. 398, Pt. EEE, §1, is
11 amended to read:
12 Office of Public Defense Services. Any
13 All Other balance remaining in the Maine Commission on Indigent Legal Office of Public
14 Defense Services program, General Fund account at the end of any fiscal year must be
15 carried forward for use by the commission office in the next fiscal year.
16 as enacted by PL 2009, c. 419, §4, is
17 amended to read:
18
Legal Services
Maine Commission on Indigent Legal
Services
Legislative Per
Diem Plus
Expenses
4 MRSA
§1801 §1803
19 as amended by PL 2013, c. 159, §14, is
20 further amended to read:
24
25 of appeals under this section, to be paid by the Maine Commission on Indigent Legal Office
26 of Public Defense Services under Title 4, section 1801. The compensation paid by the
27 commission office may not exceed the rates established by the commission for the payment
28 of counsel providing indigent legal services.
29 as amended by PL 2013, c. 159, §15, is
30 further amended to read:
31
32 fees for court appointed counsel when the State appeals a judgment to any Federal Court
33 or to the United States Supreme Court on certiorari. Any fees allowed pursuant to this
34 subsection must be paid out of the accounts of the Maine Commission on Indigent Legal
35 Office of Public Defense Services under Title 4, section 1801. The compensation paid by
36 the commission office may not exceed the rates established by the commission for the
37 payment of counsel providing indigent legal services.
38 as enacted by PL 2013, c. 434, §4, is
39 amended to read:
19
20
21
22
23 Page 7 - 131LR0286(01)
1 D. If the person is indigent, costs of counsel and all other costs, including all costs on
2 appeal, must be provided by the Maine Commission on Indigent Legal Office of Public
3 Defense Services as in other civil cases.
4 as enacted by PL 2017, c. 284, Pt.
5 UUUU, §16 and reallocated by c. 375, Pt. D, §1, is amended to read:
6 EEE. The disclosure by employees of the bureau to an authorized representative of the
7 Maine Commission on Indigent Legal Office of Public Defense Services for
8 determining the eligibility for indigent legal services and the ability to reimburse
9 expenses incurred for assigned counsel and contract counsel under Title 4, chapter 37.
10 as enacted by PL 2021, c. 473, §2
11 and reallocated by RR 2021, c. 1, Pt. A, §48, is amended by amending subparagraph (2) to
12 read:
13 (2) Is rostered by the Maine Commission on Indigent Legal Office of Public
14 Defense Services to accept court appointments to represent clients in an
15 underserved area;
16
17 This bill creates under the supervision of the Maine Commission on Indigent Legal
18 Services the Maine Office of Public Defense Services, transfers the duties relating to the
19 provision of legal services from the commission to the office and changes references to the
20 executive director of the commission to the director of the office.
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20