An Act To Clarify Funding for Civil Legal Services
Maine Legislature, Session 130, LD 0483
Committee: Judiciary
Sponsors: CARNEY
Amends: 4 MRSA §18-A, 4 MRSA §18-B

Legislative Document
No. 483
S.P. 189
In Senate, February 19, 2021
An Act To Clarify Funding for Civil Legal Services
(EMERGENCY)
Submitted by the Judicial Department pursuant to Joint Rule 204.
Received by the Secretary of the Senate on February 17, 2021.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
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Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, acts of the previous Legislature have resulted in a lack of clarity regarding 
the intent of certain laws affecting the funding of civil legal services for low-income 
persons and the reference of cases to the Court Alternative Dispute Resolution Service; and
Whereas, this lack of clarity has created uncertainties and confusion in interpreting 
legislative intent and resulted in unintended reductions in the additional funding of civil 
legal services provided by a recent act of the Legislature; and
Whereas, it is vitally necessary that these uncertainties and this confusion be resolved 
in order to prevent any injustice or hardship to the citizens of Maine; 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 §18-A, sub-§3-A, ¶C, as enacted by PL 2019, c. 509, §3, is 
amended to read:
C.  A surcharge of $127 must be imposed by a court on the fee for commencement of 
each debt collection action for small claims or money judgment disclosure action when 
the action is brought by a person who is a debt collector within the meaning of, as 
defined by Title 32, section 11002, subsection 6, and the.  The surcharge must be 
deposited in the fund and is not a recoverable cost under Title 14, section 1502-B.
Sec. 2.  4 MRSA §18-B, sub-§7, as enacted by PL 1995, c. 560, Pt. I, §3, is amended 
to read:
7.  Fees Authority and fees.  When The Judicial Department is authorized to refer 
cases to the Court Alternative Dispute Resolution Service for mediation and, when a court 
refers parties to the Court Alternative Dispute Resolution Service for mediation, the court 
shall assess the parties a fee to be apportioned equally among the parties, unless the court 
otherwise directs.  The fee must be deposited in the dedicated account created in subsection 
8.
A party may file an in forma pauperis application for waiver of fee.  If the court finds that 
the party does not have sufficient funds to pay the fee, it shall order the fee waived.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill clarifies 3 aspects of the law pertaining to the Maine Civil Legal Services 
Fund and the collection of fees and surcharges by the Judicial Department.
The bill clarifies that the Maine Civil Legal Services Fund surcharge on debt collection 
actions is payable at the commencement of debt collection actions, whether or not they are 
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classified as small claims cases, and that the surcharge is imposed with respect to money 
judgment disclosure actions.
The bill clarifies that the Maine Civil Legal Services Fund surcharge is not included as 
a recoverable cost under the Maine Revised Statutes, Title 14, section 1502-B.
The bill clarifies that the Judicial Department may refer cases to the Court Alternative 
Dispute Resolution Service for mediation and collect fees as appropriate.