An Act To Create the Office of the Public Defender and Amend the Duties of the Maine Commission on Indigent Legal Services
Maine Legislature, Session 128, LD 1854
Committee: Judiciary
Sponsors: ESPLING
Amends: 2 MRSA §6, 4 MRSA §1801, 4 MRSA §1802, 4 MRSA §1803, 4 MRSA §1804, 4 MRSA §1804-A, 4 MRSA §1805, 4 MRSA §1805-A, 4 MRSA §1806, 5 MRSA §931, 5 MRSA §959, 36 MRSA §191

Legislative Document
No. 1854
H.P. 1292
House of Representatives, March 6, 2018
An Act To Create the Office of the Public Defender and Amend the 
Duties of the Maine Commission on Indigent Legal Services
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ESPLING of New Gloucester.  (GOVERNOR'S BILL)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  2 MRSA §6, sub-§12, as enacted by PL 2009, c. 419, §1, is repealed.
Sec. 2.  4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read:
§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 
oversight of the Office of the Public Defender, ensuring 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 oversee 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 while working with the Chief Public 
Defender to provide adequate funding of for 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. 3.  4 MRSA §1802, as amended by PL 2013, c. 159, §10, is further amended 
to read:
§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 
commission to provide indigent legal services at public expense.
1-A.  Appellate counsel.  "Appellate counsel" means an attorney who is entitled to 
payment under Title 15, section 2115-A, subsection 8 or 9.
1-B.  Civil party.  "Civil party" means a party to a civil case described in subsection 
4, paragraph B.
2.  Commission.  "Commission" means the Maine Commission on Indigent Legal 
Services under section 1801.
2-A.  Conflict case.  "Conflict case" means a case in which counsel in the Office of 
the Public Defender or contract counsel has a conflict of interest under rules adopted by 
the Supreme Judicial Court.
3.  Contract counsel.  "Contract counsel" means a private attorney under contract 
with the commission Office of the Public Defender to provide indigent legal services.
3-A.  Contracted professional services.  "Contracted professional services" means 
nonattorney services under contract with the Office of the Public Defender that are 
necessary for a quality defense.
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 or 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.
"Indigent legal services" does not include the services of a guardian ad litem appointed 
pursuant to Title 22, section 4105, subsection 1.
5.  Office of the Public Defender.  "Office of the Public Defender" means the office 
established under section 1807, which is responsible for administering indigent legal 
services.
6.  Retained counsel.  "Retained counsel" means a private attorney under contract 
with the Office of the Public Defender to handle conflict cases and cases that are outside 
the scope of contract counsel.
7.  Staff counsel.  "Staff counsel" means an attorney in the Office of the Public 
Defender who provides indigent legal services under this chapter and is an employee of 
the State.
Sec. 4.  4 MRSA §1803, as enacted by PL 2009, c. 419, §2, is amended to read:
§1803.  Commission structure
1.  Members; appointment; chair.  The commission consists of 5 9 members 
appointed by the Governor and subject to review by the joint standing committee of the 
Legislature having jurisdiction over judiciary matters and confirmation by the 
Legislature.  The Governor 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 potential appointees provided by the Speaker of the 
House of Representatives.  One Two of the members must be appointed from a list of 
qualified potential appointees provided by the Chief Justice of the Supreme Judicial 
Court.  One of the members must be appointed from a list of qualified potential 
appointees provided by the Board of Overseers of the Bar.  One of the members must be 
appointed from a list of qualified potential appointees provided by the Maine State Bar 
Association or its successor or an association of criminal defense attorneys in the State.
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.
The Chief Public Defender, or the Chief Public Defender's designee, is an ex officio, 
nonvoting member of the commission and may participate in all meetings of the 
commission.
2.  Qualifications.  Individuals Of the individuals appointed to the commission who 
are not attorneys, one must have a background in accounting or finance. All other 
individuals appointed who are not attorneys must have demonstrated a commitment to 
quality representation for persons who are indigent and must have the skills and 
knowledge required to ensure that quality of representation is provided in each area of 
relevant law.  No more than 3 members may be attorneys engaged in the active practice 
of law.
An attorney appointed to the commission must have expertise in providing legal defense 
and the skills and knowledge required to ensure that quality representation is provided in 
each area of relevant law.  No more than 6 members may be attorneys engaged in the 
active practice of law, and during an attorney's term on the commission the attorney may 
not serve as contract counsel or retained counsel.
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 Five 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.
6.  Assistance.  The Chief Public Defender, or the Chief Public Defender's designee, 
shall provide staff assistance to the commission in carrying out its functions.
Sec. 5.  4 MRSA §1804, as amended by PL 2017, c. 284, Pt. UUUU, §§1 to 7, is 
repealed.
Sec. 6.  4 MRSA §1804-A is enacted to read:
§1804-A.  Commission duties and responsibilities
1.  Standards.  The commission shall develop standards governing the delivery of 
indigent legal services, including:
A.  Standards governing eligibility for indigent legal services.  The eligibility 
standards must take into account the possibility of a defendant's or civil party's 
paying counsel in periodic installments;
B.  Standards prescribing minimum experience, training and other qualifications for 
attorneys providing indigent legal services, which must include standards to ensure 
that attorneys are capable of providing quality representation in the types of cases to 
which they are assigned, recognizing that quality representation in each type of case 
requires experience and specialized training in that field;
C.  Standards for weighted case loads for contract counsel, which must include the 
private case load of the contract counsel.  The standards must be based on 
recommendations from the Chief Public Defender and reviewed every 5 years or 
upon the recommendation of the Chief Public Defender;
D.  Standards for the evaluation of contract counsel to be reviewed every 5 years or 
upon the recommendation of the Chief Public Defender;
E.  Standards for independent, quality and efficient representation of clients whose 
cases present conflicts of interest;
F.  Standards for the reimbursement of expenses incurred by retained counsel;
G.  Standards regarding the determination of payments to the Office of the Public 
Defender that may be required of a defendant or civil party under section 1808.  In 
developing the payment standards under this paragraph, the commission shall 
consider among other things the rates of private counsel and the type of case; and
H.  Standards considered necessary and appropriate to ensure the delivery of quality 
indigent legal services.
2.  Duties.  The commission shall:
A.  Oversee the Office of the Public Defender to ensure quality and efficient indigent 
legal services are provided;
B.  Establish processes and procedures to ensure the Office of the Public Defender 
uses information technology and case management systems to accurately collect, 
record and report detailed expenditure and case load data;
C.  Establish rates of compensation for retained counsel;
D.  Establish contract guidelines as well as processes and procedures to review 
contracts entered into between the Office of the Public Defender and contract counsel 
using best practices for contracts providing indigent legal services.  Both the contract 
guidelines and contract review process must be evaluated every 3 years or at the 
discretion of the commission;
E.  Establish an application fee of no less than $5, which may be graduated, as 
provided under section 1808, subsection 4 based on a defendant's or civil party's 
ability to pay and which is administered by the Office of the Public Defender;
F.  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.  The report must include an evaluation of contracts, services 
provided by contract counsel and retained counsel, any contracted professional 
services and cost containment measures;
G.  Monitor and at the commission's discretion testify on legislative proposals that 
affect the quality and cost of the indigent legal services system.  The commission 
may name a designee to perform this duty;
H.  Prepare at the end of each legislative session a report on the relevant law changes 
to the indigent legal services system and the effect of those changes on the quality 
and cost of representation under the system;
I.  Review the biennial budget request and any supplemental budget requests of the 
Chief Public Defender prior to their submission to the Department of Administrative 
and Financial Services, Bureau of the Budget;
J.  Establish the minimum amount of malpractice insurance that contract counsel and 
retained counsel must hold to be eligible to handle indigent defense cases;
K.  Develop a program, with the assistance of the Chief Public Defender, to allow 
law students opportunities within the indigent legal services system consistent with 
those available within district attorneys' offices;
L.  Designate a member of the commission as a liaison to the Chief Public Defender's 
cost containment unit under section 1807, subsection 3, paragraph O;
M.  Establish a process for a vote of no confidence in the Chief Public Defender;
N.  Compile a list of grievances against the Chief Public Defender, to be provided to 
the Governor, if the commission takes a vote of no confidence in the Chief Public 
Defender under paragraph M; and
O.  Perform all duties necessary and incidental to the performance of any duty set out 
in this chapter.
3.  Powers.  The commission may:
A.  Meet and conduct business at any place within the State;
B.  
Use voluntary and uncompensated services of private individuals and 
organizations as may from time to time be offered and needed;
C.  Adopt rules to carry out the purposes of this chapter.  Rules adopted pursuant to 
this paragraph are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A, except that rules adopted to establish standards under subsection 1, 
paragraph B and rates of compensation for retained counsel under subsection 2, 
paragraph C are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A;
D.  Appear in court and before other administrative bodies represented by the 
commission's own attorneys; and
E.  Take a vote of no confidence in the Chief Public Defender and provide a list of 
grievances to the Governor.  A vote of no confidence under this paragraph is cause 
for dismissal of the Chief Public Defender by the Governor in accordance with 
section 1807, subsection 2, paragraph A.
4.  Restrictions.  The commission may not make decisions regarding the handling of 
a case.
Sec. 7.  4 MRSA §1805, as amended by PL 2017, c. 284, Pt. UUUU, §§8 to 13, is 
repealed.
Sec. 8.  4 MRSA §1805-A, as enacted by PL 2017, c. 284, Pt. UUUU, §14, is 
repealed.
Sec. 9.  4 MRSA §1806, sub-§1, ¶D, as enacted by PL 2011, c. 547, §1, is 
amended to read:
D.  "Case information" means:
(1)  The court in which a case is brought;
(2)  Any criminal charges or juvenile crime charges and the type, but not the 
contents, of any petition giving rise to a case;
(3)  The docket number;
(4)  The identity of assigned contract counsel and the date of assignment;
(5)  The withdrawal of assigned contract counsel and the date of withdrawal; and
(6)  Any order for reimbursement of assigned contract counsel fees.
Sec. 10.  4 MRSA §1806, sub-§2, ¶E, as enacted by PL 2011, c. 260, §1, is 
amended to read:
E.  A request for funds for expert or investigative assistance that is submitted by an 
indigent party or by an attorney on behalf of an indigent client is confidential.  The 
decision of the executive director of the commission hired pursuant to section 1804, 
subsection 1, or the executive director's Chief Public Defender, or the Chief Public 
Defender's designee, to grant or deny such a request is not confidential after a case 
has been completed.  A case is completed when the judgment is affirmed on appeal or 
the period for appeal has expired.
Sec. 11.  4 MRSA §1806, sub-§3, as enacted by PL 2011, c. 547, §2, is amended 
to read:
3.  Confidential information disclosed by the Judicial Department.  The Judicial 
Department may disclose to the commission confidential information necessary for the 
commission to carry out its functions, including the collection of amounts owed to 
reimburse the State for the cost of assigned contract counsel, as follows:
A.  Case information and individual client information with respect to court 
proceedings that are confidential by statute or court rule in which one or more parties 
are represented by assigned contract counsel; and
B.  The name, address, date of birth and social security number of any person ordered 
by the court to reimburse the State for some or all of the cost of assigned contract 
counsel.
This information remains confidential in the possession of the commission and is not 
open to public inspection, except that the names of criminal defendants and the names of 
juvenile defendants charged with offenses that if committed by an adult would constitute 
murder or a Class A, Class B or Class C crime are not confidential.
Sec. 12.  4 MRSA §§1807 and 1808 are enacted to read:
§1807.  Office of the Public Defender established; appointment and duties
1.  Establishment.  The Office of the Public Defender is established.  The office 
consists of the Chief Public Defender, who is the head of the office, 2 Deputy Public 
Defenders, appointed in accordance with subsection 2, and counsel selected by the Chief 
Public Defender in accordance with the eligibility standards set forth under section 
1804-A, subsection 1, paragraph B.  The responsibilities of the Office of the Public 
Defender are exclusively concerned with the rights of persons described in section 1802, 
subsection 4.
2.  Chief Public Defender.  The provisions of this subsection apply to the Chief 
Public Defender.
A.  The Chief Public Defender is appointed by the Governor, subject to review by the 
joint standing committee of the Legislature having jurisdiction over judiciary matters 
and confirmation by the Legislature.  The Chief Public Defender may be removed 
from office for cause, and Title 5, section 931, subsection 2 does not apply.  The 
Chief Public Defender must be an attorney or judge who has spent at least 5 years in 
the practice of criminal law or presiding over the adjudication of criminal cases.  The 
term of office for the Chief Public Defender is 5 years.  If a vacancy occurs during 
the term, the Governor shall appoint a replacement to serve the unexpired portion of 
the term.
B.  The Chief Public Defender shall appoint 2 Deputy Public Defenders.  The Deputy 
Public Defenders report to the Chief Public Defender and serve at the pleasure of the 
Chief Public Defender.  One Deputy Public Defender must be an attorney or judge 
who has spent a substantial part of the last 5 years in the practice of criminal law or 
presiding over the adjudication of criminal cases.  If a vacancy occurs in the Chief 
Public Defender position or if the Chief Public Defender is temporarily unavailable to 
perform the duties of the office, this Deputy Public Defender shall assume the duties 
of the Chief Public Defender until the vacancy is filled or the Chief Public Defender 
returns to work.  The 2nd Deputy Public Defender must be an attorney or judge who 
has spent a substantial part of the last 5 years in the practice of civil law or presiding 
over civil cases.
C.  The salary of the Chief Public Defender is consistent with the salary of district 
attorneys within salary range 90 with the step within that salary range determined by 
the commission.
The salary of the Deputy Public Defenders is within salary range 36.
D.  The Chief Public Defender shall contract for or hire staff, including counsel who 
serve at the pleasure of the Chief Public Defender, necessary to perform the functions 
of the Office of the Public Defender and to implement the provisions of this chapter.
(1)  The compensation of staff of the Office of the Public Defender is fixed by the 
Chief Public Defender but may not in the aggregate exceed the amount 
appropriated for those positions and may not result in an increased request to 
future Legislatures.
(2)  Staff counsel are employees of this State as defined in Title 5, section 20, 
subsection 1.
(3)  Professional staff of the Chief Public Defender are not subject to the Civil 
Service Law.
E.  The Office of the Public Defender may not represent more than one person when 
a conflict of interest exists under the code of professional conduct laid out by the 
Board of Overseers of the Bar.
F.  The Chief Public Defender, the Deputy Public Defenders and staff counsel, 
contract counsel and retained counsel must be members in good standing of the bar of 
the State.  "Member in good standing of the bar of the State" means a person who:
(1)  Is admitted to the practice of law in the State;
(2)  Is registered with the Board of Overseers of the Bar as an active practitioner; 
and
(3)  Has not been and is not disbarred or suspended from practice pursuant to 
chapter 17, subchapter 2 or Maine Bar Rule 13 or its successor.
G.  The Chief Public Defender, the Deputy Public Defenders and staff counsel are 
designated as full-time officers of the State and may not:
(1)  Appear as counsel in any civil or criminal case or controversy before the 
Supreme Judicial Court, Superior Courts or District Courts of the State or 
comparable courts in any other state or before a United States District Court or at 
any administrative hearing held by any state or federal agency other than in the 
capacity of Chief Public Defender, Deputy Public Defender or staff counsel; or
(2)  Engage in the private practice of law or be a partner or associate of any 
person engaged in the private practice of law or be a member or employee of a 
professional association engaged in the private practice of law.
3.  Chief Public Defender duties and responsibilities.  The Chief Public Defender 
is the chief legal officer of the Office of the Public Defender with the ultimate authority 
regarding the disposition of cases handled by the office and shall:
A.  Provide legal representation to eligible persons consistent with federal and state 
constitutional and statutory obligations;
B.  Use contracts in providing indigent legal services as required in this section;
C.  Supervise the operation, activities, policies and procedures of the Office of the 
Public Defender and may expend such sums for expenses as may be necessary in the 
performance of the Chief Public Defender's duties, to be paid out of money 
appropriated by the Legislature for those purposes;
D.  In accordance with standards established under section 1804-A, subsection 1, 
paragraph A, verify or reassess indigency of a defendant or civil party the Chief 
Public Defender has determined to be indigent.  If the Chief Public Defender 
determines the defendant or civil party is not indigent in full or in part, the Chief 
Public Defender shall petition the court for whole or partial payment or repayment of 
all legal services pursuant to section 1808, subsection 3;
E.  Determine when and where it is necessary to establish district offices for the 
Office of the Public Defender consistent with the policies and procedures of the 
Department of Administrative and Financial Services;
F.  Coordinate the development and implementation of rules, policies, procedures and 
standards adopted by the commission to carry out the provisions of this chapter and 
comply with all applicable laws and standards;
G.  Establish a trial and appellate case management system.  The system must require 
the attorneys to record time spent on each case and to classify or describe the type of 
work done;
H.  Work jointly with other departments and agencies, including the Department of 
Health and Human Services, that hold data pertinent to determining indigency and 
establish information sharing agreements as necessary;
I.  Work jointly with other departments and agencies, including the Department of 
Health and Human Services, to identify opportunities to improve eligibility screening 
across State Government, including the use of private firms that use established, 
effective income and asset verification systems;
J.  Prepare and submit to the commission:
(1)  A proposed biennial budget for the provision of indigent legal services, 
including supplemental budget requests as necessary; 
(2)  An annual report containing pertinent data on the operation, needs and costs 
of the indigent legal services system and the status of information sharing as 
required under paragraph H, including issues preventing the agreements from 
being implemented;
(3)  Each month a report on case loads and the gross monthly total of bills 
approved for payment, including payments to contract counsel and retained 
counsel and for contracted professional services; a summary of professional 
service requests denied and granted by the office in accordance with section 
1806, subsection 2, paragraph E; and information on complaints made against 
counsel providing indigent legal services; and
(4)  Any other information as the commission may require;
K.  Develop and conduct regular training programs in compliance with the standards 
adopted by the commission as required by section 1804-A, subsection 1, paragraph 
B;
L.  Assist the commission in developing standards for the delivery of quality indigent 
legal services;
M.  Maintain proper records of all financial transactions related to the operation of 
the commission and of the notification of eligibility and assignment of counsel and 
subsequent related orders as submitted by the courts of the State;
N.  Serve as an ex officio, nonvoting member of the commission and attend all 
commission meetings.  The Chief Public Defender may delegate this responsibility;
O.  Establish a cost containment unit within the Office of the Public Defender.  The 
cost containment unit must include a member of the commission designated by the 
commission.  The cost containment unit is responsible for monitoring efforts to 
recoup costs under section 1808, subsection 3, identifying ways to improve cost 
recoupment and issuing a quarterly summary of the expenses recouped over the 
period and the year to date to be provided to the commission.  These functions may 
be contracted out;
P.  Establish policies and procedures for managing case loads to implement the 
standards established by the commission under section 1804-A, subsection 1, 
paragraph C, including a method for accurately tracking and monitoring case loads;
Q.  Establish procedures to handle complaints about the performance of counsel 
providing indigent legal services;
R.  Establish a process to provide services for conflict cases first through existing 
contract counsel and only as a last resort through the use of retained counsel;
S.  In accordance with standards established under section 1804-A, subsection 1, 
paragraph A, determine a person's eligibility for indigent legal services;
T.  Require contract counsel and retained counsel to have at least the minimum level 
of malpractice insurance as established in section 1804-A, subsection 2, paragraph J; 
and
U.  Perform duties as the commission may assign or are necessary and incidental to 
the performance of any duty set out in this chapter.
4.  Chief Public Defender powers.  The Chief Public Defender may:
A.  As the Chief Public Defender determines necessary, contract for the services of 
private attorneys in the delivery of indigent legal services, including establishment of 
a lawyer of the day, as provided in section 1804-A and in accordance with standards 
established by the commission under section 1804-A, subsection 1 and the contract 
policies established by the Department of Administrative and Financial Services.  
Any contract must require contract counsel and retained counsel to record time spent 
on each case and to classify or describe the type of work that was done;
B.  Delegate the legal representation of any person to any member of the bar of the 
State eligible under section 1804-A in accordance with standards established and 
maintained by the commission;
C.  Contract for and supervise personnel necessary to perform a function of the Office 
of the Public Defender and to implement the provisions of this chapter;
D.  Establish processes and procedures to acquire investigative or expert services that 
may be necessary for a case;
E.  Enter into agreements with the Maine State Bar Association or its successor, local 
bar associations, law firms and private counsel for legal representation without 
compensation as a service to the State;
F.  Apply for and accept on behalf of the Office of the Public Defender funds that 
may become available from any source, including government, nonprofit or private 
grants, gifts or bequests.  These funds do not lapse at the end of any fiscal year but 
are carried forward to be used for the purpose originally intended; and
G.  Sponsor training activities and charge tuition to recoup the cost of the activities.
5.  Legal counsel.  The Attorney General, at the request of the Chief Public 
Defender, shall furnish legal assistance, counsel or advice the Office of the Public 
Defender requires in the discharge of its duties.
A.  The Attorney General may represent staff members of the Office of the Public 
Defender in litigation as appropriate.
B.  In cases in which a staff member of the Office of the Public Defender could be 
represented by either the Attorney General or counsel retained through malpractice 
insurance, the Attorney General shall determine who represents the staff member.
§1808.  Indigency determinations; redeterminations; verifications; collections
1.  Duties.  The Chief Public Defender shall establish a system to:
A.  Verify the information necessary to determine indigency under the standards 
established by the commission pursuant to section 1804-A, subsection 1;
B.  Reassess indigency during the course of representation;
C.  Record the amount of time spent on each case by the attorney appointed to that 
case; and
D.  Receive from the court collections for the costs of representation from defendants 
and civil parties who are partially indigent or who have been otherwise determined to 
be able to reimburse the Office of the Public Defender for the cost of providing 
counsel.
2.  Determination of a defendant's or civil party's eligibility.  In accordance with 
standards established pursuant to section 1804-A, subsection 1, paragraph A, the Chief 
Public Defender shall determine a person's eligibility for indigent legal services.  The 
Chief Public Defender may accept referrals for the determination of indigency of persons 
who claim or appear to be indigent from judges, courts and appropriate state agencies.  If 
a referral is accepted and the Chief Public Defender determines that the person is indigent 
in full or in part, the Chief Public Defender shall appoint counsel in accordance with 
contracts and policies of the commission and inform the referring judge, court or agency 
of the appointment.
3.  Partial indigency, reassessment of indigency and repayment.  The provisions 
of this subsection apply to partial indigency, reassessment of indigency and repayment.
A.  If the Chief Public Defender determines that a defendant or civil party is able to 
pay some or, after reassessing an indigency determination, all of the expenses of 
obtaining private counsel, the Chief Public Defender shall petition the court to order 
the defendant or civil party to pay a fixed contribution.  The defendant's or civil 
party's full payment must be made to the court prior to the conclusion of the 
proceedings, unless otherwise ordered by the court.  The clerk of court shall remit 
such payments to the Office of the Public Defender.
B.  A defendant or civil party may not be required to repay for legal services an 
amount greater than the amount determined by the rate established pursuant to 
section 1804-A, subsection 2, paragraph C.
C.  If a defendant is incarcerated in the Maine State Prison, an order for repayment 
pursuant to this subsection may be suspended until the time of the defendant's release.
D.  The Chief Public Defender may enter into contracts to secure the repayment of 
fees and expenses paid by the State as provided for in this section.
4.  Application fee.  A person seeking indigent legal services shall pay an application 
fee as set forth by the commission in section 1804-A, subsection 2, paragraph E.  In a 
case involving a juvenile the application fee is the responsibility of the parent or legal 
guardian, except that, when a juvenile is accused of a crime against the juvenile's parent 
or legal guardian or when legal guardianship rests with the State, the fee is waived.
The application fee may be waived by the court.  A defendant or civil party may pay the 
fee in a lump sum or in installments.  Full payment must be made to the court prior to the 
conclusion of the proceedings, unless otherwise ordered by the court.
Sec. 13.  5 MRSA §931, sub-§1, ¶L-3, as amended by PL 2003, c. 646, §1, is 
further amended to read:
L-3.  The Executive Analyst of the Board of Environmental Protection; and
Sec. 14.  5 MRSA §931, sub-§1, ¶M, as amended by PL 1987, c. 9, §2, is further 
amended to read:
M.  Other positions in the Executive Branch made unclassified by law.; and
Sec. 15.  5 MRSA §931, sub-§1, ¶N is enacted to read:
N.  The Deputy Public Defenders, staff counsel and other professional staff of the 
Office of the Public Defender established in Title 4, section 1807.
Sec. 16.  5 MRSA §959, as enacted by PL 2009, c. 419, §3, is repealed.
Sec. 17.  36 MRSA §191, sub-§2, ¶DDD, as enacted by PL 2017, c. 284, Pt. 
UUUU, §16, is amended to read:
DDD.  The disclosure by employees of the bureau to an authorized representative of 
the Maine Commission on Indigent Legal Services Office of the Public Defender for 
the administration of Title 4, section 1804-A, subsection 1, paragraph A 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. 18.  Maine Revised Statutes headnote amended; revision clause.  In 
the Maine Revised Statutes, Title 4, chapter 37, in the chapter headnote, the words 
"Maine Commission on Indigent Legal Services" are amended to read "Office of the 
Public Defender and Maine Commission on Indigent Legal Services" and the Revisor of 
Statutes shall implement this revision when updating, publishing or republishing the 
statutes.
SUMMARY
This bill establishes a statewide public defender system.  The purposes of this bill are 
to:
1.  Provide effective assistance of counsel to indigent criminal defendants, juvenile 
defendants and children and parents in child protective cases in courts of this State;
2.  Ensure that the system is free from undue political interference and conflicts of 
interest;
3.  Provide for the delivery of public defender services by qualified and quality 
counsel in a manner that is fair and consistent throughout the State;
4.  Establish a system that uses state employees, contracted services and other 
methods of providing services in a manner that is responsive to and respectful of regional 
and community needs and interests;
5.  Ensure that adequate public funding of the statewide public defender system is 
provided and the system is managed in a fiscally responsible manner;
6.  Ensure that a person using the services of a statewide public defender system pay 
reasonable costs for services provided by the system based on the person's financial 
ability to pay;
7.  Increase the size of the Maine Commission on Indigent Legal Services from 5 to 9 
members and change the responsibilities of the commission; and
8.  Establish the Chief Public Defender as the person who makes indigency 
determinations.