An Act To Require the Maine Commission on Indigent Legal Services To Pay Court-appointed Attorneys for Certain Probate Court Cases
Maine Legislature, Session 129, LD 1021
Committee: Judiciary
Sponsors: DAVIS, BLACK, CARPENTER, HAMPER, KEIM, HANINGTON, HEAD, PICKETT
Amends: 4 MRSA §1801, 4 MRSA §1802, 4 MRSA §1804, 18-C MRSA §5

Legislative Document
No. 1021
S.P. 300
In Senate, February 28, 2019
An Act To Require the Maine Commission on Indigent Legal 
Services To Pay Court-appointed Attorneys for Certain Probate 
Court Cases
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAVIS of Piscataquis.
Cosponsored by Senators: BLACK of Franklin, CARPENTER of Aroostook, HAMPER of 
Oxford, KEIM of Oxford, Representatives: HANINGTON of Lincoln, HEAD of Bethel, 
PICKETT of Dixfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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 
efficient, high-quality representation to indigent criminal defendants, juvenile defendants, 
minors and indigent adults subject to conservatorship or guardianship under the Uniform 
Guardianship and Protective Proceedings Act 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 counsel 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.
Sec. 2.  4 MRSA §1802, sub-§4, ¶B, as enacted by PL 2009, c. 419, §2, is 
amended to read:
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
Sec. 3.  4 MRSA §1802, sub-§4, ¶¶B-1 and B-2 are enacted to read:
B-1.  An indigent adult for whom legal representation was appointed under the 
Uniform Guardianship and Protective Proceedings Act;
B-2.  A minor for whom legal representation was appointed under the Uniform 
Guardianship and Protective Proceedings Act; and
Sec. 4.  4 MRSA §1804, sub-§3, ¶D, as enacted by PL 2009, c. 419, §2, is 
amended to read:
D.  Develop criminal defense, guardianship and protective proceedings, child 
protective and involuntary commitment representation training and evaluation 
programs for attorneys throughout the State to ensure an adequate pool of qualified 
attorneys;
Sec. 5.  18-C MRSA §5-128 is enacted to read:
§5-128.  Attorney's fees for indigent adults and minors
If an attorney is appointed by the court to represent an adult subject to 
conservatorship, an adult subject to guardianship, a minor subject to conservatorship or a 
minor subject to guardianship under this Article and, if an adult, the person is indigent, 
the attorney's fees must be paid by the Maine Commission on Indigent Legal Services 
pursuant to Title 4, chapter 37.
SUMMARY
This bill provides that when a probate court appoints an attorney for a party in a 
guardianship or protective proceeding, if the party is indigent or a minor, the attorney's 
fees must be paid by the Maine Commission on Indigent Legal Services.