An Act To Establish the Maine Commission on Indigent Legal Services
Maine Legislature, Session 124, LD 1132
Committee: State and
Sponsors: HOBBINS, PRIEST, ALFOND, BLISS, MARRACHE, MITCHELL, BEAULIEU, BERRY, BRYANT, CAIN, CLEARY, CROCKETT, DILL, HILL, KRUGER, NASS, PINGREE, PIOTTI, ROTUNDO, RUSSELL, STEVENS
Amends: 5 MRSA §12004-G

MAINE STATE LEGISLATURE 
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,124th MAINE LEGI·SLATURE 
,FIRST REGULAR SESSION-2009 
Legislative Document 
No. 1132 
S.P.423 
In Senate, March 25, 2009 
. An Act To Establish the Maine Commission on Indigent Legal 
Services 
(EMERGENCY) 
Reference to the Committee on State and .Local Government suggested and ordered printed. 
Presented by Senator HOBBINS of York. 
. Cosponsored by Representative PRIEST of Brunswick and 
9t!)(J~ 
.. JOY J. O'BRIEN 
Secretary of the Senate 
Senators: ALFOND of Cumberland, BLISS of Cumberland, HASTINGS 'of Oxford, 
MARRACHE of Kennebec, President MITCHELL of Kennebec, Representatives: BEAULIEU. 
of Auburn, BERRY of Bowdoinham, BRYANT of Windham, CAIN of Orono, CLEARY of 
Hoult.on, CROCKETT of Bethel, DILL of Cape Elizabeth, HILL of York, KRUGER of 
Thomaston, MITCHELL of the Penobscot Nation, NASS of Acton, Speaker PINGREE of 
North Haven, PIOTTI of Unity, ROTUNDO of Lewiston, RUSSELL of Portland, STEVENS 
of Bangor. 
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Printed on rccy,cied paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment uriless enacted as emergencies; and 
Whereas, under the United States Constitution and the Constitution of Maine, an 
indigent person charged· with· a crime, facing loss of parental rights, or the risk of 
institutional commitment is entitled to counsel, and 
Whereas, the State is obligated to ensure that such representation is provided and 
currently spends in excess of $1 0,000,000 per year; and 
Whereas, the demand for such services has increased because the number of child 
protective hearings requiring counsel has doubled, the number of cases with mandatory 
j ail time has increased and an increasing number of criminal defendants are indigent and 
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entitled to such services; and 
Whereas, a central agency to coordinate such services has never been established, 
. despite the increase in services; and 
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Whereas, such representation is currently funded by an appropriation to the judicial 
branch; and· 
Whereas, such representation is managed by approximately 60 judges located in 40 
court locations throughout the State, who approve vouchers to private attorneys acting as 
indigent legal counsel and who are located throughout the State; and 
Whereas, the current method of paying for indigent legal services creates the· 
appearance of a conflict of interest by placing judges in the position of ruling. on 
compensation and reasonable effort and expenses for only one side in criminal, protective 
custody. and involuntary commitment matters; and 
Whereas, there is at least the appearance of further conflict because judges are 
authorizing payment of indigent legal fees out of appropriations iritended to fund judicial 
branch operations; and 
Whereas, the current system lacks a central. authority to provide coordinated 
planning, oversight and management in order to ensure the delivery of quality legal 
. representation in the most cost-effective manner; and 
Whereas, it is necessary to provide independent oversight for the delivery of 
indigent counsel services, improve the quality of representation, ensure the independence 
of counsel, establish uniform policies and procedures for the delivery of such services and 
develop the statistics necessary to evaluate the quality and the cost-effectiveness of such 
services; and 
. 
Whereas, the current method of funding indigent legal services through the judicial 
branch budget creates the appearance of a conflict of interest and is contrary to accepted 
practices; and 
Page I - 124LR0461(Ol)-1 
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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 c. 37 is enacted to read: 
CHAPTER 37 
MAINE COMMISSION ON INDIGENT LEGAL SERVICES 
§1801. Maine Commission on Indigent Legal Services; established 
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, 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 c.Ounsel 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. 
§1802. Definitions 
As used in this chapter, unless' the context otherwise indicates, the following terms 
have the following meanings. 
1. Assigned counsel. "Assigned counsel" means a private attorney designated by 
the court to provide indigent legal services at public expense. 
2. Commission. "Commission" means the Maine Commission on Indigent Legal 
Services under section 1801. 
3. Contract counsel. "Contract counsel" means a private attorney under contract 
with the commission to provide indigent legal services. 
. 
4. Indigent legal- services. "Indigent legal services" means legal representation 
provided to: 
. 
A. An indigent defendant in a criminal case in which the United States Constitution. 
or the Constitution of Maine or federal ot state law requires that the State provide 
representation; 
B.. An indigent party in a civil case in which the United States Constitution or the 
Constitution of Maine or federal or state law requires that the State provide 
representation; and 
C. Juvenile defendants. 
"lndi£l:enl legal scr\'ices" docs not include the services of a guardian ad litem. appointed 
pUl"suant to Tille 22. section 41 OS. subsection 1. 
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§1803. Commission structure 
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Members; appointment; chair. 
The COlllllllSSlOn consists of- 5 members 
appointed by the Govemor and subject to review by the joint standing cOllllnittee of the 
Legislature having jurisdiction over judiciary matters· and confirmation by the 
Legislature. 
The Govemor shall designate one member to serve as chair of the 
commission .. 'One of the members must be appointed from'a list of qualified potential 
appointees provided by the President of the Senate .. One of the members must be 
appointed from a list of qualified appointees provided by the Speaker of the House of 
Representatives. One of the members must be appointed from a list of qualified potential . 
appointees provided by the Chief Justice of the Supreme Judicial Court. 
. 
2. Qualifications. Individuals appointed to the commission must have demonstrated 
a commitment to high-quality representation for persons who are indigent. No more than 
members may be attorneys engaged in the active practice oflaw. 
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3. Terms; Members of the commission are appointed for terms of 3 years' each, 
except that of those first appointed the Governor shall designate 2 whose terms are only 
one year, 2 whose terms are only 2 years and one whose term is 3 years. A member may 
not serve more than 2 consecutive 3-year terms plus any initial term of less than 3 years. 
A member of the commission appointed to fill a vacancy occurring otherwise than by 
expiration of term is appointed only for the unexpired term of the member succeeded. 
4. Quorum. Three members of the commission constitutes a quorum. A vacancy in 
the commission does not impair the power of the remaining members to exercise all the 
powers of the commission. 
5. Compensation. Each member of the commission is eligible to be compensated as 
provided in Title 5, chapter 379. 
§1804. Commission responSibilities 
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Executive director. 
The commission shall hire an executive director. The 
executive director must be an attorney licensed in the State with experience in the 
provision of indigent legal services. 
. 
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2. Standards. The commission shall develop standards governing the delivery of 
indigent legal services, including: 
. 
A. Standards governing eligibility for indigent legal services; 
B. Standards prescribing minimum experience, training arid other qualifications for 
contract counsel and assigned counsel; 
C. Standards for assigned counsel and contract counsel case loads; 
D. Standards for the evaluation of assigned counsel and contract counsel; 
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Standards for independent. competent and efficieilt representation of clients 
whose cases present conilicls of int~rest: 
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F. Standards 1'01 the reimbursement of expenses incurred by assigned counsel and 
contract counsel; and 
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G. Other standards considered necessary and appropriate to ensure the delivery of 
adequate indigent legal services. 
3. Duties. The cominission shall: 
A. Develop and l;'laintain' a system that uses appointed private attorneys, contracts 
with individual attomeys or groups of attonleys and any other program necessary to 
provide high-quality and efficient indigent legal services; 
B. 
Develop and maintain an assigned counsel voucher review and payment 
authorization system; 
C. 
Establish processes and procedures consistent with commission standards to 
ensure that office and contract personnel use infonnation 'technology and case load 
management systems so that detailed expenditure and case load data is accurately 
collected, recorded and reported; 
D.Develop criminal defense, child protective and involuntary commitment 
representation training and evaluation programs for attorneys throughout the State to 
ensure an adequate pool of qualified attorneys; 
E. 
Establish minimum qualifications to ensure that attorneys are qualified and 
capable of providing adequate representation in the case types to which they are 
assigned; 
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F. Establish rates of compensation for assigned counsel; 
G. Establish a method for accurately tracking and monitoring .case loads of assigned 
counsel and contract counsel; 
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H. Submit to the Legislature, the Chief Justice of the Supreme Judicial Court and the 
Governor an annual report on the operation, needs and costs of the indigent legal 
services system; and 
I. Approve and submit a biennial budget request to the Department of Administrative 
and Fimincial Services, Bureau of the . Budget, including supplemental budget 
requests as necessary. 
4. Powers. The commission may: 
A. Establish and maintain a principal office and other offices within the State as it 
considers necessary; 
B. Meet and conduct business at any place within the State; 
C. 
Use voluntary and uncompensated services of. private individuals and 
organizations as may from time to time be offered and needed; 
D. Adopt rul.es to carry out the purposes of this chapter. Rules adopted pursuant to 
this paragraph are routine teclmical' rules as dermed in Title 5, chapter 375, 
subchapter 2-A; and 
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E. Appear in court and before other administrative bodies represented by its own 
attorneys.· 
§1805. Executive director 
The executive director of the commission hired pursuant to section 1804, subsection 
shall: 
1. Compliance with standards. Ensure that the provision of indigent legal services 
. complies with all constitutional, statutory and ethical standards; 
2. Development of standards. Assist the cominission in developing standards for 
the delivery·ofadequate indigent legal services; 
3. Delivery and supervision. Administer and coordinate delivery of indigent legal 
services and supervise compliance with commission standards; 
4. Most effective method of delivery. Recommend to the commission the most 
effective method of the delivery of indigent legal services in furtherance of the 
commission's purposes; 
. 
5. Training for counsel. Conduct regular training programs for counsel providing 
. indigent legal serVices; 
6. Personnel. Subject to policies and procedures established by the commission, 
hire professional,· teclmical and support personnel,. including attorneys; considered 
reasonably necessary for the efficient delivery of indigent legal services; 
.. Submissions to commission .. Prepare and submit to the commission: 
A. A proposed bierinial budget for the provision of indigent legal services, including 
supplemental budget requests as necessary; 
B. An annual report containIng pertinent data on the operation, needs and costs of the 
indigent legal services system; and 
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C. Any other information as the commission may require; 
8. Develop and implement. Coordinate the development and implementation of 
. rules, policies, procedures, regulations and standards adopted by the commission to carry 
out the provisions of this chapter and comply with all applicable laws and standards; 
9. Records. Maintain proper records of all financial transactions related to the 
operation of the commission; 
10. Other funds. Apply for and accept on behalf of the commission funds that may 
become available from any source, including governinent, nonprofit or private grants, 
gifts or bequests; 
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11. 
Meetings of commiSSIOn. 
Attend all comnusslOn meetings, except those 
meetings or portions of the meetings that address the question of appointment or removal 
of the executive director; and 
12. Other assigned duties. Perform other duties as the commission may assign. 
Sec. 2. 5 MRSA §12004-G, sub-§25-A is enacted to read: 
25~A. 
Legal Services 
Maine Commission 
Expenses Only 
on Indigent Legal 
Services 
MRS A §1801 
Sec. 3. Transfer of personnel and funds. Funds necessary to staff the Maine 
Commission on Indigent Legal Services and carry this Act must be transferred from the 
judicial branch's General Fund Personal Services and All Other accounts to the Maine 
Commission on Indigent and Legal Services. 
Positions necessary to carry out the 
provisions of this Act must be, transferred from the judicial branch to the Maine 
Commission on Indigent Legal Services. 
Sec. 4. Transition. The Maine Commission on Indigent Legal Services and the 
judicial branch shall' develop a process to provide for the transition from the existing 
voucher payment system to the payment system developed by the commission. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
,SUMMARY 
This bill establishes the Maine Commission on Indigent Legal Services, an 
independent and permanent, statutory entity, 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 will not oversee the provision of guardian ad litem 
services. 
The comrnission consists of 5 members appointed by the Governor and confIITned by 
the Legislature. One must be appointed from suggestions made by the President of the 
Senate, one must be appoint'ed from suggestions made by the Speaker of the House and 
one must be appointed from suggestions made by the Chief Justice of the Supreme 
Judicial Court. The Governor shall select the chair. After the initial staggered terms, 
members serve for 3-year terms. Individuals appointed to the commission must have a 
strong commitment to 'high-quality representation of persons who are indigent. 
Compensation is limited to the legislative per diem and expenses. 
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. The commission will develop standards for the delivery of indigent legal services 
and will establish and maintain a system that uses appointed private attorneys, co.ntracts . 
with individual attorneys or groups of attorneys and any other program necessary to 
provide high-quality and efficient indigent legal serVices. The commission sh~ll appoint 
an executive director to carry ouf theday-to-day activities of the commission. 
All 
attorneys providing indigent legal services will be paid through the commission. 
This bill also authoriZes a one-time transfer of all necessary funds and positions from 
the judicial branch to the Maine Commission on Indigent Legal Services in order to 
create the commission at no additional cost to the General Fund. 
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