An Act To Improve the Provision of Indigent Legal Services
Maine Legislature, Session 130, LD 1687
Committee: Judiciary
Amends: 2 MRSA §6, 4 MRSA §1804, 4 MRSA §1805

Legislative Document
No. 1687
H.P. 1256
House of Representatives, May 6, 2021
An Act To Improve the Provision of Indigent Legal Services
(EMERGENCY)
Reported by Representative HARNETT of Gardiner for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 4, section 1804, subsection 3, paragraph 
H.
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's constitutional and statutory obligations include ensuring that 
each person facing a potential loss of liberty in a criminal or juvenile proceeding is provided 
with effective representation at every critical stage of the proceeding and also include 
providing counsel services to indigent parents in child protection proceedings and to 
individuals in hearings for involuntary commitment; and
Whereas, the Sixth Amendment Center identified significant challenges that the State 
faces in fulfilling its statutory and constitutional obligations; and
Whereas, it is important for the State to begin to address these significant challenges 
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.  2 MRSA §6, sub-§12, as enacted by PL 2009, c. 419, §1, is amended to 
read:
12.  Range 52 37.  The salary of the executive director of the Maine Commission on 
Indigent Legal Services is within salary range 52 37.
Sec. 2.  4 MRSA §1804, sub-§3, ¶A, as enacted by PL 2009, c. 419, §2, is amended 
to read:
A.  Develop and maintain a system that uses may employ attorneys, use appointed 
private attorneys, contracts and contract with individual attorneys or groups of 
attorneys and. The commission shall consider other programs necessary to provide 
quality and efficient indigent legal services;
Sec. 3.  4 MRSA §1804, sub-§3, ¶M, as amended by PL 2019, c. 427, §3, is further 
amended to read:
M.  Establish procedures for handling complaints about the performance of counsel 
providing indigent legal services; and
Sec. 4.  4 MRSA §1804, sub-§3, ¶N, as enacted by PL 2019, c. 427, §4, is amended 
to read:
N.  Develop a procedure for approving requests by counsel for authorization to file a 
petition as described in section 1802, subsection 4, paragraph D.; and
Sec. 5.  4 MRSA §1804, sub-§3, ¶O is enacted to read:
O.  Establish a system to audit all financial requests and payments that includes the 
authority to recoup payments when necessary.  The commission may summon persons 
and subpoena witnesses and compel their attendance, require production of evidence, 
administer oaths and examine any person under oath as part of an audit.  Any summons 
or subpoena may be served by registered mail with return receipt.  Subpoenas issued 
under this paragraph may be enforced by the Superior Court.
Sec. 6.  4 MRSA §1804, sub-§4, ¶D, as amended by PL 2013, c. 368, Pt. RRR, §1 
and affected by §4, is further amended to read:
D.  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 2, paragraph B and 
rates of compensation for assigned counsel and contract counsel under subsection 2 3, 
paragraph F are major substantive rules as defined in Title 5, chapter 375, subchapter 
2-A; and
Sec. 7.  4 MRSA §1805, sub-§9-A is enacted to read:
9-A.  Audits; recoupment.  Conduct audits of all financial requests and payments and 
recoup payments when necessary.  The executive director may exercise the subpoena 
power of the commission granted under section 1804, subsection 3, paragraph O;
Sec. 8.  Carrying balance fiscal year 2020-21; Maine Commission on 
Indigent Legal Services.  Notwithstanding any provision of law to the contrary, the 
State Controller shall carry any remaining fiscal year 2020-21 balance in the Maine 
Commission on Indigent Legal Services program, General Fund into fiscal year 2021-22.
Sec. 9.  Carrying balance fiscal year 2021-22; Maine Commission on 
Indigent Legal Services. Notwithstanding any provision of law to the contrary, the State 
Controller shall carry any remaining fiscal year 2021-22 balance in the Maine Commission 
on Indigent Legal Services program, General Fund into fiscal year 2022-23.
Sec. 10.  Appropriations and allocations.  The following appropriations and 
allocations are made.
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes and appropriates funds for one Office Support Supervisor position 
and provides funding for related All Other costs.
GENERAL FUND
2021-22
2022-23
POSITIONS - LEGISLATIVE COUNT
1.000
1.000
Personal Services
$87,871
$90,682
All Other
$7,642
$4,392
__________
__________
GENERAL FUND TOTAL
$95,513
$95,074
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes and appropriates funds for 3 Public Service Manager II positions and 
Paralegal positions to provide an additional attorney and paralegal for the attorney 
supervision subdivision and an additional paralegal for the auditing subdivision and to 
create the training subdivision, consisting of one attorney and one paralegal, and the 
investigating subdivision, consisting of one attorney and one paralegal. Also provides funds 
for All Other costs.
GENERAL FUND
2021-22
2022-23
POSITIONS - LEGISLATIVE COUNT
7.000
7.000
Personal Services
$707,775
$730,423
All Other
$54,715
$31,965
__________
__________
GENERAL FUND TOTAL
$762,490
$762,388
Maine Commission on Indigent Legal Services Z112
Initiative: Appropriates funds for the cost of changing the salary range of the executive 
director from 52 to 37.
GENERAL FUND
2021-22
2022-23
Personal Services
$9,152
$9,152
__________
__________
GENERAL FUND TOTAL
$9,152
$9,152
Maine Commission on Indigent Legal Services Z112
Initiative: Appropriates funds to increase reimbursement for indigent legal services from 
$60 per hour to $80 per hour.
GENERAL FUND
2021-22
2022-23
All Other
$5,732,980
$5,732,980
__________
__________
GENERAL FUND TOTAL
$5,732,980
$5,732,980
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes and appropriates funds for one Public Service Manager III position 
and one Paralegal position beginning in fiscal year 2021-22 and 2 additional Public Service 
Manager II positions beginning in fiscal year 2022-23. Also provides funding for All Other 
costs.
GENERAL FUND
2021-22
2022-23
POSITIONS - LEGISLATIVE COUNT
2.000
4.000
Personal Services
$242,917
$484,171
All Other
$210,646
$142,646
__________
__________
GENERAL FUND TOTAL
$453,563
$626,817
Maine Commission on Indigent Legal Services Z112
Initiative: Provides additional funding to reflect projected costs of the Maine Commission 
on Indigent Legal Services.
GENERAL FUND
2021-22
2022-23
All Other
$2,804,980
$2,804,980
__________
__________
GENERAL FUND TOTAL
$2,804,980
$2,804,980
Maine Commission on Indigent Legal Services Z112
Initiative: Establishes and appropriates funds for 4 Public Service Manager II positions and 
Paralegal positions to lead and staff the attorney supervision subdivision and the auditing 
subdivision. Also provides funding for All Other costs.
GENERAL FUND
2021-22
2022-23
POSITIONS - LEGISLATIVE COUNT
6.000
6.000
Personal Services
$670,116
$691,559
All Other
$47,073
$27,573
__________
__________
GENERAL FUND TOTAL
$717,189
$719,132
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON
DEPARTMENT TOTALS
2021-22
2022-23
GENERAL FUND
$10,575,867
$10,750,523
__________
__________
DEPARTMENT TOTAL - ALL FUNDS
$10,575,867
$10,750,523
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill makes the following changes to the provisions governing the Maine 
Commission on Indigent Legal Services.
1.  It changes the salary range of the executive director of the commission from 52 to 
37, resulting in a higher top salary.
2.  It authorizes the commission to directly employ attorneys to provide legal services 
to indigent clients.  It also requires the commission to establish an audit system and allow 
the recoupment of payments when appropriate.  The commission is given subpoena power, 
enforceable in the Superior Court, to conduct the audits.  It directs the executive director to 
carry out the audits and seek recoupment.  It authorizes the executive director to exercise 
the subpoena power on behalf of the commission.
3.  Current law provides that rules governing standards and training for attorneys are 
major substantive rules.  This bill changes those rules to be routine technical and also 
corrects a cross-reference in the commission's rule-making authority.
4.  It provides that any remaining balance in the Maine Commission on Indigent Legal 
Services program, General Fund in fiscal year 2020-21 be carried into 2021-22 and fiscal 
year 2021-22 be carried into 2022-23.
5.  It provides funding to the commission to fully staff the commission; to increase the 
salary of the executive director; to increase the hourly rate from $60 per hour to $80 per 
hour for attorneys providing legal services; to establish an appellate public defender, which 
includes one attorney and one paralegal in fiscal year 2021-22 and 2 additional attorneys 
in fiscal year 2022-23; and provides further funding.