An Act To Implement the Recommendations of the Working Group To Improve the Provision of Indigent Legal Services Concerning the Membership of the Maine Commission on Indigent Legal Services
Maine Legislature, Session 128, LD 1817
Committee Amendment CA_A_H756 (House)
Amends: 4 MRSA §1803

COMMITTEE AMENDMENT "iJ " to H.P. 1259, L.D. 1817, Bill, "An Act To 
Implement the Recommendations of the Working Group To Improve the Provision of 
Indigent Legal Services Concerning the Membership of the Maine Commission on 
Indigent Legal Services" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 4 MRSA §1803, sub-§1, as enacted by PL 2009, c. 419, §2, is repealed 
and the following enacted in its place: 
1. 
Members; appointment; chair. 
The commission consists of 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. The membership consists of the following: 
A. 
One member from a list of qualified potential appointees, provided by the 
President of the Senate; 
B. One member from a list of qualified potential appointees, provided by the Speaker 
of the House of Representatives: 
C. Three members from a list of qualified potential appointees, provided by the 
Chief Justice of the Supreme Judicial Court; 
D. One member with experience in administration and finance: 
E. 
One member with experience providing representation in child protection 
proceedings; 
F. 
One member from a list of qualified potential appointees who are attorneys 
engaged in the active practice of law and provide indigent legal services, provided by 
the president of the Maine State Bar Association. 
This member is a nonvoting 
member of the commission; and 
COMMITTEE AMENDMENT 
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COMMITIEEAMENDMENT"A "toH.P.1259,L.D.1817 
G. 
One member from a list of qualified potential appointees who are attorneys 
engaged in the active practice of law and provide indigent legal services, provided by 
the president of a statewide organization, other than the Maine State Bar Association, 
that represents criminal defense attorneys. This member is a nonvoting member of 
the commission. 
In determining the appointments and recommendations under this subsection, the 
Governor, the President of the Senate, the Speaker of the House of Representatives, the 
Chief Justice of the Supreme Judicial Court, the president of the Maine State Bar 
Association and the president of the statewide organization that represents criminal 
defense attorneys shall consider input from individuals and organizations with an interest 
in the delivery of indigent legal services. Recommendations provided by the president of 
the Maine State Bar Association and the president of the statewide organization 
representing criminal defense attorneys must consist ef attorneys providing indigent legal 
services as a majority of their law practices. 
Sec. 2. 4 MRSA §1803, sub~§§2 and 4, as enacted by PL 2009, c. 419, §2, are 
amended to read: 
2. Qualifications. 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- 1 members may be attorneys engaged in the active practice of 
law. A person who is a sitting judge, prosecutor or law enforcement official, or an 
employee of such a person, may not be appointed to the commission. A voting member 
and the immediate family members living in the same household as the member may not 
receive compensation from the commission, other than that authorized in Title 5, section 
12004-G, subsection 25-A, while the member is serving on the commission. 
The limitations on members receiving compensation from the commission do not apply to 
any member serving on the commission as of April 1. 2018 for the duration of the 
member's term. 
4. Quorum. +Mee A quorum is a majority of the current voting members of the 
commission oonstitutes a quorum. A vacancy in the commission does not impair the 
power of the remaining members to exercise all the powers of the commission. 
Sec. 3. Initial appointments. Notwithstanding the Maine Revised Statutes, Title 
4, section 1803, subsection 3, when appointing the members to fill the 4 new seats on the 
Maine Commission on Indigent Legal Services pursuant to this Act, the Governor shall 
designate one member to serve an initial term of 3 years, 2 members to serve an initial 
term of 2 years and one member to serve an initial term of one year. Members serving on 
the commission on the effective date of this Act continue to serve until the expiration of 
their terms .
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
This amendment replaces the bill while retaining the original purpose to expand the 
membership of the Maine Commission on Indigent Legal Services. 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT"A"toH.P.1259,L.D.1817 
Like the bill, the amendment expands the number of commission members from 5 to 
9. 
The Governor is still responsible for appointing all members. 
The amendment 
increases the number to be appointed from a list of qualified potential appointees 
provided by the Chief Justice of the Supreme Judicial Court from one, as in current law, 
to 3. 
The amendment requires one appointment from a list of qualified potential 
appointees submitted by the Maine State Bar Association and one appointed from a list 
provided by a statewide organization, other than the Maine State Bar Association, that 
represents criminal defense attorneys. The amendment requires the Governor to appoint 
a member who has experience in administration and finance as well as a member who has 
experience providing representation in child protection proceedings. 
Current law requires appointees to have the knowledge and skills required to ensure 
that quality of representation is provided in each area of law. The amendment removes 
the skill requirement. The amendment provides that no more than 7 members may be 
attorneys engaged in the active practice oflaw. 
The amendment also addresses issues regarding potential conflicts of interest. It 
provides that no voting members may receive compensation from the commission, other 
than the per diem and expenses authorized by statute, while a member of the commission. 
The limitation on compensation from the commission also applies to a member whose 
immediate family member living in the same household is receiving compensation from 
the commission. The limitation on compensation does not apply to any member serving 
on the commission on April 1, 2018 for the duration of that member's term. 
fu addition, the amendment makes ineligible for appointment a person who is a 
sitting judge, a prosecutor or a law enforcement official or an employee of any of these 
individuals. 
The amendment addresses the issue of how many members constitute a quorum. The 
amended language defines a quorum as a majority of the current voting members, which 
will allow the commission to function as it transitions from 5 members to 7 voting 
members. 
As 4 additional members will be appointed to the commission, the amendment directs 
the Governor to designate one of the new members to serve a full 3-year term, 2 members 
to serve an initial 2-year term and one member to serve an initial term of one year. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/15/18 feac... 
LD 1817 
LR2892(02) 
An Act To Implement the Recommendations of the Working Group To Improve the Provision of 
Indigent Legal Services Concerning the Membership of the Maine Commission on Indigent Legal 
Services 
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Fiscal Note for Bill as Amended by Committee Amendment 'ft' H 
... 75', 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Maine Commission on Indigent Legal Services is expected to be minimal and can be managed 
within current resources. 
LR2892(02) - Fiscal Note - Page 1 of 1