Page 1 - 131LR0286(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 270 - L.D. 653
An Act to Establish the Maine Commission on Public Defense Services and
Establish Public Defender Offices for Aroostook, Penobscot and Piscataquis
Counties
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 is provided
with effective representation; and
Whereas, due to a lack of attorneys currently eligible for appointment, more than 500
adult criminal defendants eligible for a court-appointed attorney are currently without
counsel, of whom at least 150 are currently in custody; and
Whereas, in at least 10 District Court locations across the State, there are no attorneys
currently eligible for appointment to represent juveniles charged with certain types of
offenses; and
Whereas, this legislation changes the name of the Maine Commission on Indigent
Legal Services to the Maine Commission on Public Defense Services and establishes
authority for the commission to establish 2 new public defender offices, one serving
Aroostook County and one serving Penobscot and Piscataquis counties, the 2 areas of the
State identified by the commission as experiencing the greatest need for additional indigent
legal services; and
Whereas, it is important to authorize establishment of these offices as soon as
possible; 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:
APPROVED
MARCH 21, 2024
BY GOVERNOR
CHAPTER
558
PUBLIC LAW Page 2 - 131LR0286(03)
Sec. 1. 2 MRSA §6, sub-§13, as enacted by PL 2021, c. 398, Pt. GGG, §2, is
amended to read:
13. Range 37.
Indigent Legal Public Defense Services is within salary range 37.
Sec. 2. 4 MRSA c. 37, headnote is amended to read:
CHAPTER 37
MAINE COMMISSION ON INDIGENT LEGAL PUBLIC DEFENSE SERVICES
Sec. 3. 4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read:
§1801. Maine Commission on Indigent Legal Public Defense Services; established
The Maine Commission on Indigent Legal Public Defense Services, established by
Title 5, section 12004‑G, subsection 25‑A, is an independent commission whose purpose
is to provide efficient, high-quality representation to indigent criminal defendants, juvenile
defendants and children and parents in child protective cases, consistent with federal and
state constitutional and statutory obligations. The commission shall work to ensure the
delivery of indigent legal services by qualified and competent counsel in a manner that is
fair and consistent throughout the State and to ensure adequate funding of a statewide
system of indigent legal services, which must be provided and managed in a fiscally
responsible manner, free from undue political interference and conflicts of interest.
Sec. 4. 4 MRSA §1802, sub-§2, as enacted by PL 2009, c. 419, §2, is amended to
read:
2. Commission.
Public Defense Services under section 1801.
Sec. 5. 5 MRSA §959, as enacted by PL 2009, c. 419, §3, is amended to read:
§959. Maine Commission on Indigent Legal Public Defense Services
1. Major policy-influencing positions.
influencing positions within the Maine Commission on Indigent Legal Public Defense
Services. Notwithstanding any other provision of law to the contrary, these positions and
their successor positions are subject to this chapter:
A. Executive director.
Sec. 6. 5 MRSA §1591, sub-§6, as enacted by PL 2021, c. 398, Pt. EEE, §1, is
amended to read:
6. Maine Commission on Indigent Legal Public Defense Services. Any All Other
balance remaining in the Maine Commission on Public Defense Services, Maine
Commission on Indigent Legal Public Defense Services program, General Fund account at
the end of any fiscal year must be carried forward for use by the commission in the next
fiscal year.
Sec. 7. 5 MRSA §12004-G, sub-§25-A, as enacted by PL 2009, c. 419, §4, is
amended to read: Page 3 - 131LR0286(03)
25-A.
Legal Services
Maine Commission on Indigent Legal
Public Defense Services
Legislative Per
Diem Plus
Expenses
4 MRSA
§1801
Sec. 8. 15 MRSA §2115-A, sub-§8, as amended by PL 2013, c. 159, §14, is further
amended to read:
8. Fees and costs.
of appeals under this section, to be paid by the Maine Commission on Indigent Legal Public
Defense Services under Title 4, section 1801. The compensation paid by the commission
may not exceed the rates established by the commission for the payment of counsel
providing indigent legal services.
Sec. 9. 15 MRSA §2115-A, sub-§9, as amended by PL 2013, c. 159, §15, is further
amended to read:
9. Appeals to Federal Court; fees and costs.
fees for court appointed counsel when the State appeals a judgment to any Federal Court
or to the United States Supreme Court on certiorari. Any fees allowed pursuant to this
subsection must be paid out of the accounts of the Maine Commission on Indigent Legal
Public Defense Services under Title 4, section 1801. The compensation paid by the
commission may not exceed the rates established by the commission for the payment of
counsel providing indigent legal services.
Sec. 10. 34-A MRSA §3049, sub-§3, ¶D, as enacted by PL 2013, c. 434, §4, is
amended to read:
D. If the person is indigent, costs of counsel and all other costs, including all costs on
appeal, must be provided by the Maine Commission on Indigent Legal Public Defense
Services as in other civil cases.
Sec. 11. 36 MRSA §191, sub-§2, ¶EEE, as enacted by PL 2017, c. 284, Pt.
UUUU, §16 and reallocated by c. 375, Pt. D, §1, is amended to read:
EEE. The disclosure by employees of the bureau to an authorized representative of the
Maine Commission on Indigent Legal Public Defense Services for determining the
eligibility for indigent legal services and the ability to reimburse expenses incurred for
assigned counsel and contract counsel under Title 4, chapter 37.
Sec. 12. 36 MRSA §5219-ZZ, sub-§1, ¶B, as enacted by PL 2021, c. 473, §2 and
reallocated by RR 2021, c. 1, Pt. A, §48, is amended by amending subparagraph (2) to read:
(2) Is rostered by the Maine Commission on Indigent Legal Public Defense
Services to accept court appointments to represent clients in an underserved area;
Sec. 13. Wherever in the
Maine Revised Statutes the words "Maine Commission on Indigent Legal Services" appear
or reference is made to that entity or those words, those words are amended to read or mean,
as appropriate, "Maine Commission on Public Defense Services" or "commission" and the
Revisor of Statutes shall implement this revision when updating, publishing or republishing
the statutes. Page 4 - 131LR0286(03)
Sec. 14. The following provisions govern the transition of
the Maine Commission on Indigent Legal Services to the Maine Commission on Public
Defense Services.
1. The Maine Commission on Public Defense Services is the successor in every way
to the powers, duties and functions of the former Maine Commission on Indigent Legal
Services.
2. Each member of the Maine Commission on Indigent Legal Services appointed by
the Governor and confirmed by the Legislature pursuant to the Maine Revised Statutes,
Title 4, section 1803 is declared to be a member of the Maine Commission on Public
Defense Services for the remainder of that member’s unexpired term.
3. All existing rules, regulations and procedures in effect, in operation or adopted in or
by the Maine Commission on Indigent Legal Services or any of its administrative units or
officers are declared in effect and continue in effect until rescinded, revised or amended by
the proper authority.
4. All existing contracts, agreements and compacts currently in effect for the Maine
Commission on Indigent Legal Services continue in effect.
5. Any positions authorized and allocated subject to the personnel laws to the former
Maine Commission on Indigent Legal Services are transferred to the Maine Commission
on Public Defense Services and continue to be authorized.
6. All records, property and equipment previously belonging to or allocated for the use
of the former Maine Commission on Indigent Legal Services become, on the effective date
of this Act, part of the property of the Maine Commission on Public Defense Services.
7. All existing forms, licenses, letterheads and similar items bearing the name of or
referring to the “Maine Commission on Indigent Legal Services” may be used by the Maine
Commission on Public Defense Services until existing supplies of those items are
exhausted.
Sec. 15. Carrying balance in fiscal year 2023-24; Maine Commission on
Indigent Legal Services.
end of fiscal year 2023-24, the State Controller shall carry forward for the Maine
Commission on Indigent Legal Services any remaining balance in the Personal Services
line category in the Maine Commission on Indigent Legal Services program, General Fund
account to the next fiscal year.
Sec. 16. Appropriations and allocations. The following appropriations and
allocations are made.
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes one District Defender position, one Assistant Defender II position, 2
Assistant Defender I positions, one Paralegal position, one Public Service Coordinator I
position and one Office Specialist II Supervisor position for a public defender office
serving Aroostook County and reduces All Other funding to fund the positions.
GENERAL FUND
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 7.000 7.000 Page 5 - 131LR0286(03)
Personal Services $224,226 $896,905All Other ($224,226)($896,905)
____________________
GENERAL FUND TOTAL
$0 $0
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes one District Defender position, 3 Assistant Defender II positions, 2
Assistant Defender I positions, 2 Paralegal positions, 2 Public Service Coordinator I
positions and one Office Specialist II Supervisor position for a public defender office
serving Penobscot and Piscataquis counties and reduces All Other funding to fund the
positions.
GENERAL FUND
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 11.000 11.000Personal Services $331,387$1,325,548All Other ($331,387)($1,325,548)
____________________
GENERAL FUND TOTAL
$0 $0
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes one Public Service Coordinator I position in the public defender
office serving Kennebec County and reduces All Other funding to fund the position.
GENERAL FUND
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 1.000 1.000Personal Services $23,792 $95,167All Other ($23,792) ($95,167)
____________________
GENERAL FUND TOTAL
$0 $0
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes one Public Service Manager II position and 2 Office Specialist II
positions within the central office of the Maine Commission on Indigent Legal Services
and reduces All Other funding to fund the positions.
GENERAL FUND
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 3.000 3.000Personal Services $77,048 $308,195All Other ($77,048)($308,195)
____________________
GENERAL FUND TOTAL
$0 $0
INDIGENT LEGAL SERVICES, MAINE
COMMISSION ON
DEPARTMENT TOTALS
2023-24 2024-25
GENERAL FUND $0 $0
____________________
DEPARTMENT TOTAL - ALL FUNDS
$0 $0 Page 6 - 131LR0286(03)
Emergency clause.
takes effect when approved.