Resolve, Directing an Independent, Nonpartisan, Objective Evaluation of the Provision of Indigent Legal Services
Maine Legislature, Session 128, LD 1812
Committee: Judiciary

Legislative Document
No. 1812
H.P. 1257
House of Representatives, January 30, 2018
Resolve, Directing an Independent, Nonpartisan, Objective 
Evaluation of the Provision of Indigent Legal Services
(EMERGENCY)
Reported by Representative MOONEN of Portland for the Joint Standing Committee on 
Judiciary pursuant to Public Law 2017, chapter 284, Pt. UUUU, section 17.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
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 of Maine has a constitutional obligation to provide indigent legal 
services; and
Whereas, the diversity in population density and availability of attorneys across the 
State can present challenges to providing consistent high-quality legal services to fulfill 
that obligation; and
Whereas, many factors external to the operation of the Maine Commission on 
Indigent Legal Services are driving up costs to both prosecution and defense; and
Whereas, the need to ensure the most efficient use of limited resources requires a 
study of the existing system to be conducted by an independent, outside, nonpartisan 
entity; and
Whereas, the Working Group to Improve the Provision of Indigent Legal Services 
recommended that such a study be conducted as soon as possible; and
Whereas, authorization and funding for the study need to be provided as soon as 
possible for the comprehensive study to be conducted in time for recommendations to be 
considered by the First Regular Session of the 129th Legislature; 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
Sec. 1.  Legislative Council to contract for independent, nonpartisan, 
objective evaluation of obligation to provide indigent legal services.  
Resolved:  That the Legislative Council, through the Executive Director of the 
Legislative Council, shall contract with a qualified nonprofit organization that has, within 
the 12 months prior to the effective date of this resolve, provided consulting and 
evaluations regarding state indigent legal services systems to evaluate the existing system 
in the State for providing legal representation as required by both the Constitution of 
Maine and the United States Constitution and by the laws of the State and to provide 
recommendations to improve the structure, services and other elements of the State's 
indigent legal services system.  The executive director shall arrange for the evaluation to 
be completed and a report submitted to the joint standing committee of the 129th 
Legislature having jurisdiction over judiciary matters no later than January 15, 2019; and 
be it further
Sec. 2.  Joint standing committee authorized to report out legislation.  
Resolved:  
That the joint standing committee of the 129th Legislature having 
jurisdiction over judiciary matters is authorized to submit legislation based on the report 
and recommendations contained in the report submitted pursuant to section 1 to the First 
Regular Session of the 129th Legislature; and be it further
Sec. 3.  Appropriations and allocations.  Resolved:  That the following 
appropriations and allocations are made.
LEGISLATURE
Legislature 0081
Initiative: Appropriates funds on a one-time basis to the Legislature to provide funding 
for the purpose of entering into a contract with a nonprofit organization experienced in 
evaluating indigent legal services systems.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This resolve is a recommendation of the Working Group to Improve the Provision of 
Indigent Legal Services.  It directs the Legislative Council to contract for an independent, 
nonpartisan, objective evaluation of and report on the provision of indigent legal services 
with a nonprofit organization that conducts such evaluations.  The joint standing 
committee of the 129th Legislature having jurisdiction over judiciary matters is 
authorized to report out legislation based on the report.
GENERAL FUND
2017-18
2018-19
All Other
$110,000
$0
GENERAL FUND TOTAL
$110,000
$0