An Act To Establish the Maine Commission on Indigent Legal Services
Maine Legislature, Session 124, LD 1132
Committee Amendment CA_A_S233 (Senate)
Amends: 2 MRSA §6, 5 MRSA §959

COMMITTEE AMENDMENT "A" to S.P. 423, L.D. 1132, Bill, "An Act To 
Establish the Maine Commission on Indigent Legal Services" 
Amend the bill in the emergency preamble by striking out all of the 2nd indented 
paragraph (page 1, lines 3 to 5 in L.D.) and inserting the following: 
'Whereas, under the United States Constitution and the Constitution of Maine, an 
indigent person who is facing incarceration in a criminal case, who is charged with a 
juvenile crime, who is a parent subject to a child protection action or who is facing 
involuntary commitment to a psychiatric hospital is entitled to counsel at state expense; 
and' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 2 MRSA §6, sub-§12 is enacted to read: 
12. Range 52. The salary of the executive director of the Maine Commission on 
Indigent Legal Services is within salary range 52.' 
Amend the bill in section 1 in § 180 1 in the first paragraph by striking out all of the 
first underlined sentence (page 2, lines 10 to 14 in L.D.) and inserting the following: 'The 
Maine Commission on Indigent Legal Services, established by Title 5, section 12004-G, 
subsection 25-A, is an independent commission whose purpose is to provide efficient, 
quality indigent legal services, including representation to indigent criminal defendants, 
juvenile defendants, parents in child protective cases and people facing involuntary 
commitment to a psychiatric hospital, consistent with federal and state constitutional and 
statutory obligations.' 
Amend the bill in section 1 in § 1802 in subsection 1 in the 2nd line (page 2, line 23 in 
L.D.) by striking out the following: "court" and inserting the following: 'commission' 
Amend the bill in section 1 in § 1803 in subsection 1 by inserting at the end a new 
blocked paragraph to read: 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to S.P. 423, L.D. 1132 
'In determining the appointments and recommendations under this subsection, the 
Governor, the President of the Senate, the Speaker of the House of Representatives and 
the Chief Justice of the Supreme Judicial Court shall consider input from persons and 
organizations with an interest in the delivery of indigent legal services.' 
Amend the bill in section 1 in § 1803 by striking out all of subsection 2 (page 3, lines 
to 15 in L.D.) and inserting the following: 
'2. 
Oualifications. 
Individuals appointed to the commission must have 
demonstrated a commitment to quality representation for persons who are indigent and 
have the skills and knowledge required to ensure that quality of representation is provided 
in each area of law. No more than 3 members may be attorneys engaged in the active 
practice oflaw.' 
Amend the bill in section 1 in § 1804 by striking out all of subsection 1 (page 3, lines 
. 28 to 30 in L.D.) and inserting the following: 
'1. 
Executive director. The commission shall hire an executive director. The 
executive director must have experience in the legal field, including, but not limited to, 
the provision of indigent legal services.' 
Amend the bill in section 1 in § 1804 in subsection 2 in paragraph E in the first line 
(page 4, line 1 in L.D.) by striking out the following: "competent" and inserting the 
following: 'quality' 
Amend the bill in section 1 in § 1804 in subsection 3 in paragraph A in the 2nd and 
3rd lines (page 4, lines 9 and 10 in L.D.) by striking out the following: "any other 
,) 
program necessary to provide high-quality" and inserting the following: 'consider other, 
programs necessary to provide quality' 
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Amend the bill in section 1 in § 1804 in subsection 3 by striking out all of paragraph E 
' 
(page 4, lines 20 to 22 in L.D.) and inserting the following: 
'E. 
Establish mInimum qualifications to ensure that attorneys are qualified and 
capable of providing quality representation in the case types to which they are 
assigned, recognizing that quality representation in each of these types of cases 
requires counsel with experience and specialized training in that field;' 
Amend the bill in section 1 in § 1804 in subsection 3 in paragraph H in the last line 
(page 4, line 28 in L.D.) by striking out the following: "and" 
Amend the bill in section 1 in § 1804 in subsection 3 in paragraph I in the last line 
(page 4, line 31 in L.D.) by striking out the following: ":." and inserting the following: ',;, 
and' 
Amend the bill in section 1 in § 1804 in subsection 3 by inserting after paragraph I the 
following: 
'J. 
Develop an administrative review and appeal process for attorneys who are 
aggrieved by a decision of the executive director, including but not limited to 
nonpayment of attorney vouchers, contract payments and the awarding of 
appointments or contracts.' 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "A "toS.P. 423, L.D. 1132 
Amend the bill in section 1 in § 1804 in subsection 4 in paragraph D in the last line 
(page 5, line 3 in L.D.) by inserting after the following: "2-A" the following: " except 
that rules adopted to establish standards under subsection 2, paragraph B are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A and must be reviewed 
before final approval by the joint standing committee of the Legi~lature having 
jurisdiction over judiciary matters' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 5 MRSA §959 is enacted to read: 
§959. Maine Commission on Indigent Legal Services 
1. Major policy-influencing positions. The following positions are major policy-
influencing positions within the Maine Commission on Indigent Legal Services. 
Notwithstanding any other provision of law, these positions and their successor positions 
are subject to this chapter: 
A. 
Executive director.' 
Amend the bill in section 2 in subsection 25-A in the 3rd column (page 6, line 7 in 
L.D.) by striking out the following: 
"Expenses Only" and inserting the following: 
'Legislative Per Diem Plus Expenses' 
Amend the bill by inserting after section 4 the following: 
'Sec. 5. Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Transfers funds to create the Maine Commission on Indigent Legal Services, 
including the transfer of 2 Assistant Clerk positions and 2 Financial Screener positions in 
fiscal year 2009-10 and 6 Financial Screener positions in fiscal year 2010-11. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Courts - Supreme, Superior and District 0063 
2009-10 
(4.000) 
($108,632) 
($154,152) 
2010-11 
(10.000) 
($503,415) 
($9,959,426) 
($262,784) ($10,462,841) 
Initiative: Transfers funds to the Maine Commission on Indigent Legal Services for the 
cost of court-appointed counsel for indigent legal services. These costs are reimbursed 
from individuals who are partially indigent. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 423, L.D. 1132 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2009-10 
$0 
$0 
2009-10 
2010-11 
($363,897) 
($363,897) 
2010-11 
($262,784) ($10,462,841) 
$0 
($363,897) 
($262,784) ($10,826,738) 
MAINE COMMISSION ON INDIGENT LEGAL SERVICES 
Maine Commission on Indigent Legal Services N077 
Initiative: Transfers funds to create the Maine Commission on Indigent Legal Services, 
including funds for one Executive Director position, one Staff Attorney position, one 
Administrative Assistant position, one Accounting Clerk position in fiscal year 2009-10 
and 6 Financial Screener positions in fiscal year 2010-11. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Maine Commission on Indigent Legal Services N077 
2009-10 
2010-11 
4.000 
10.000 
$108,632 
$503,415 
$154,152 
$9,959,426 
$262,784 
$10,462,841 
Initiative: Transfers funds to the Maine Commission on Indigent Legal Services for the 
cost of court-appointed counsel for indigent legal services. These costs are reimbursed 
from individuals who are partially indigent. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$0 
$0 
COMMITTEE AMENDMENT 
2010-11 
$363,897 
$363,897 
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COMMlITEE AMENDMENT "A" to S.P. 423, L.D. 1132 
MAINE COMMISSION ON INDIGENT LEGAL 
SERVICES 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2009-10 
$262,784 
$0 
$262,784 
2009-10 
$0 
$0 
$0 
2010-11 
$10,462,841 
$363,897 
$10,826,738 
2010-11 
$0 
$0 
$0 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment clarifies language in the emergency preamble and elsewhere in the 
bill to correctly describe when the State is obligated to provide indigent legal services. 
This amendment revises language to maintain consistency throughout the bill with 
regard to quality indigent legal services. 
This amendment clarifies that the Maine Commission on Indigent Legal Services 
designates assigned counsel. 
. 
This amendment requires the Governor, the Chief Justice of the Supreme Judicial 
Court, the President of the Senate and the Speaker of the House of Representatives, when 
making recommendations and appointments to the commission, to consider input from 
persons and organizations with an interest in the delivery of indigent legal services. 
This amendment requires that the individuals appointed to the commission must 
have, in addition to the qualifications listed in the bill, the skills and knowledge required 
to ensure that quality representation is provided in each area of law. 
This amendment revises the qualifications for the executive director of the Maine 
Commission on Indigent Legal Services to provide that the executive director must have 
experience in the legal field, including, but not limited to, the provision of indigent legal 
services, but need not be an attorney licensed in this State. 
This amendment requires the commission to consider other programs necessary to 
provide quality and efficient indigent legal services and to recognize, when establishing 
minimum attorney qualifications, that quality representation in each of these types of 
cases requires counsel with experience and specialized training in that field. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to S.P. 423, L.D. 1132 
This amendment requires the commission to develop an administrative and review 
process for attorneys who are aggrieved by a decision of the executive director. 
This amendment provides that the commission's rules concerning standards 
governing experience, training and other qualifications for contract counsel and assigned 
counsel are major substantive rules and must be submitted to and reviewed by the joint 
standing committee of the Legislature having jurisdiction over judiciary matters before 
they take effect. 
This amendment establishes the executive director as a major policy-influencing 
position and sets the salary at range 52. This amendment authorizes payment of the 
legislative per diem to 5 commission members, in addition to expenses. 
This amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: OS/20/09 
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LD 1132 
LR 461(02) 
An Act To Establish the Maine Commission on Indigent Legal Services 
Fiscal Note for Bill as Amended by Committee Amendment ,~ " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
$0 
This bill has no net General Fund impact in the 2010-2011 biennium. It transfers a General Fund appropriation of 
-$262,784 in fiscal year 2009-10 and $10,462,841 in fiscal year 20 I 0-11 and an Other Special Revenue Funds 
allocation of $363,897 in fiscal year 2010-11 from the Judicial Department to the Maine Commission on Indigent 
Legal Services to establish an independent commission to coordinate the delivery of indigent legal services. 
LR0461(02) - Fiscal Note - Page I of 1 
$0 
$0 
$0