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: Judiciary
Amends: 4 MRSA §1803

Legislative Document
No. 1817
H.P. 1259
House of Representatives, February 1, 2018
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
(EMERGENCY)
Reported by Representative MOONEN of Portland for the Joint Standing Committee on 
Judiciary pursuant to Public Law 2017, chapter 284, Part 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 Maine Commission on Indigent Legal Services consists of 5 members, 
although there are currently only 3 sitting commissioners; and
Whereas, the Working Group to Improve the Provision of Indigent Legal Services 
recommended that the membership be expanded in number and diversity; and
Whereas, new appointments to the commission should be made consistent with the 
recommendation to adjust the makeup of the commission, and the commission should be 
operating at full strength as soon as possible; 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 enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1803, sub-§§1, 2 and 4, as enacted by PL 2009, c. 419, §2, are 
amended to read:
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 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.  Two of 
the members must be appointed from a list of qualified potential appointees provided by 
the president of a statewide organization representing attorneys.  One of the members 
must be appointed from a list of qualified appointees provided by the Dean of the 
University of Maine School of Law.
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, the president of the statewide 
organization representing attorneys and the Dean of the University of Maine School of 
Law shall consider input from persons and organizations with an interest in the delivery 
of indigent legal services.
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 7 members may be attorneys engaged in the active practice of 
law.  A person who is a sitting judge, prosecutor, law enforcement official or indigent 
legal services provider, or an employee of such a person, may not be appointed to the 
commission.
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.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill is a recommendation of the Working Group to Improve the Provision of 
Indigent Legal Services.  It amends the makeup of the Maine Commission on Indigent 
Legal Services, based on suggestions of the Sixth Amendment Center, to include 
appointments suggested by the Dean of the University of Maine School of Law and the 
president of a statewide organization representing attorneys.  It also increases the number 
of appointments from a list suggested by the Chief Justice of the Supreme Judicial Court 
from one to 2.  The number of members required for a quorum is adjusted from 3 to 5.
In order to ensure the independence of the commission and ensure no appearance of 
conflict of interest, the bill prohibits the appointment to the commission of a person who 
is a sitting judge, prosecutor, law enforcement official or indigent legal services provider, 
or an employee of such a person.