An Act to Support Constitutionally Required Public Defense by Creating the Maine Office of Public Defense Services
Maine Legislature, Session 131, LD 0653
Committee: Judiciary
Sponsors: KEIM, MOONEN, LYFORD, ANDREWS, HAGGAN, HENDERSON, LEE, POIRIER, RECKITT
Amends: 4 MRSA §1801, 4 MRSA §1802, 4 MRSA §1803, 4 MRSA §1804, 4 MRSA §1805, 4 MRSA §1805-A, 4 MRSA §1806, 2 MRSA §6, 5 MRSA §959, 5 MRSA §1591, 5 MRSA §12004-G, 15 MRSA §2115-A, 34-A MRSA §3049, 36 MRSA §191, 36 MRSA §5219-Z

Legislative Document
No. 653
S.P. 270
In Senate, February 14, 2023
An Act to Support Constitutionally Required Public Defense by 
Creating the Maine Office of Public Defense Services
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator KEIM of Oxford.
Cosponsored by Representative MOONEN of Portland and
Senator: LYFORD of Penobscot, Representatives: ANDREWS of Paris, HAGGAN of 
Hampden, HENDERSON of Rumford, LEE of Auburn, POIRIER of Skowhegan, RECKITT 
of South Portland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  4 MRSA c. 37, headnote is amended to read:
CHAPTER 37
MAINE COMMISSION ON INDIGENT LEGAL SERVICES OFFICE OF 
PUBLIC DEFENSE SERVICES
Sec. A-2.  4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read:
§1801.  Maine Commission on Indigent Legal Services Office of Public Defense 
Services; established
The Maine Commission on Indigent Legal Services, established by Title 5, section 
12004‑G, subsection 25‑A, Office of Public Defense Services is established as an 
independent commission office whose purpose is to provide efficient, high-quality 
representation to indigent criminal defendants, juvenile defendants and children and 
parents in child protective cases, consistent with federal and state constitutional and 
statutory obligations.  The commission office 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. The Maine Commission on Indigent 
Legal Services oversees the office.
Sec. A-3.  4 MRSA §1802, sub-§1, as enacted by PL 2009, c. 419, §2, is amended 
to read:
1.  Assigned counsel.  "Assigned counsel" means a private attorney designated by the 
commission office to provide indigent legal services at public expense.
Sec. A-4.  4 MRSA §1802, sub-§2, as enacted by PL 2009, c. 419, §2, is amended 
to read:
2.  Commission.  "Commission" means the Maine Commission on Indigent Legal 
Services under described in section 1801 1803.
Sec. A-5.  4 MRSA §1802, sub-§3, as enacted by PL 2009, c. 419, §2, is amended 
to read:
3.  Contract counsel.  "Contract counsel" means a private attorney under contract with 
the commission office to provide indigent legal services.
Sec. A-6.  4 MRSA §1802, sub-§5 is enacted to read:
5.  Office.  "Office" means the Maine Office of Public Defense Services under section 
1801.
Sec. A-7.  4 MRSA §1803, sub-§1, as repealed and replaced by PL 2017, c. 430, 
§1, is amended to read:
1.  Members; appointment; chair.  The commission, established by Title 5, section 
12004‑G, subsection 25‑A, consists of 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.  The membership consists of the following:
A.  One member from a list of qualified potential appointees, provided by the President 
of the Senate;
B.  One member from a list of qualified potential appointees, provided by the Speaker 
of the House of Representatives;
C.  Three members from a list of qualified potential appointees, provided by the Chief 
Justice of the Supreme Judicial Court;
D.  One member with experience in administration and finance;
E.  One member with experience providing representation in child protection 
proceedings;
F.  One member from a list of qualified potential appointees who are attorneys engaged 
in the active practice of law and provide indigent legal services, provided by the 
president of the Maine State Bar Association.  This member is a nonvoting member of 
the commission; and
G.  One member from a list of qualified potential appointees who are attorneys engaged 
in the active practice of law and provide indigent legal services, provided by the 
president of a statewide organization, other than the Maine State Bar Association, that 
represents criminal defense attorneys.  This member is a nonvoting member of the 
commission.
In determining the appointments and recommendations under this subsection, the 
Governor, the President of the Senate, the Speaker of the House of Representatives, the 
Chief Justice of the Supreme Judicial Court, the president of the Maine State Bar 
Association and the president of the statewide organization that represents criminal defense 
attorneys shall consider input from individuals and organizations with an interest in the 
delivery of indigent legal services.  Recommendations provided by the president of the 
Maine State Bar Association and the president of the statewide organization representing 
criminal defense attorneys must consist of attorneys providing indigent legal services as a 
majority of their law practices.
Sec. A-8.  4 MRSA §1804, sub-§1, as enacted by PL 2009, c. 419, §2, is amended 
to read:
1.  Executive director Director.  The commission shall hire an executive a director of 
the office. The executive director must have experience in the legal field, including, but not 
limited to, the provision of indigent legal services.
Sec. A-9.  4 MRSA §1804, sub-§2, ¶D, as amended by PL 2017, c. 284, Pt. UUUU, 
§2, is further amended to read:
D.  Standards for the evaluation of assigned counsel and contract counsel.  The 
commission shall review the standards developed pursuant to this paragraph every 5 
years or upon the earlier recommendation of the executive director;
Sec. A-10.  4 MRSA §1804, sub-§3, ¶J, as amended by PL 2017, c. 284, Pt. 
UUUU, §5, is further amended to read:
J.  Develop an administrative review and appeal process for attorneys who are 
aggrieved by a decision of the executive director, or the executive director's designee, 
determining:
(1)  Whether an attorney meets the minimum eligibility requirements to receive 
assignments or to receive assignments in specialized case types pursuant to any 
commission rule setting forth eligibility requirements;
(2)  Whether an attorney previously found eligible is no longer eligible to receive 
assignments or to receive assignments in specialized case types pursuant to any 
commission rule setting forth eligibility requirements; and
(3)  Whether to grant or withhold a waiver of the eligibility requirements set forth 
in any commission rule.
All decisions of the commission, including decisions on appeals under subparagraphs 
(1), (2) and (3), constitute final agency action.  All decisions of the executive director, 
or the executive director's designee, other than decisions appealable under 
subparagraphs (1), (2) and (3), constitute final agency action;
Sec. A-11.  4 MRSA §1805, as amended by PL 2021, c. 481, §6, is further amended 
by amending the section headnote to read:
§1805.  Executive director Director
Sec. A-12.  4 MRSA §1805, first ¶, as enacted by PL 2009, c. 419, §2, is amended 
to read:
The executive director of the commission office hired pursuant to section 1804, 
subsection 1 shall:
Sec. A-13.  4 MRSA §1805, sub-§9-A, as enacted by PL 2021, c. 481, §6, is 
amended to read:
9-A.  Audits; recoupment.  Conduct audits of 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. A-14.  4 MRSA §1805, sub-§11, as enacted by PL 2009, c. 419, §2, is amended 
to read:
11.  Meetings of commission.  Attend all commission meetings, except those meetings 
or portions of the meetings that address the question of appointment or removal of the 
executive director; and
Sec. A-15.  4 MRSA §1805-A, as enacted by PL 2017, c. 284, Pt. UUUU, §14, is 
amended to read:
§1805-A.  Indigency determinations; redeterminations; verifications; collections
1.  Duties.  The executive director shall administer and improve reimbursement of 
expenses incurred by assigned counsel and contract counsel by:
A.  Establishing procedures to ensure that the eligibility of defendants and civil parties 
is verified and reviewed randomly and when circumstances have changed, information 
has changed, additional information is provided or as otherwise needed;
B.  Petitioning the court to reassess the indigency of a defendant or civil party if the 
executive director determines that indigency should be reassessed;
C.  Providing to the commission recommendations to improve reimbursement of 
expenses;
D.  Requiring that the amount of time spent on each case by assigned counsel or 
contract counsel is recorded separately for each case; and
E.  Receiving from the courts collections for the costs of representation from 
defendants or civil parties who are found to be partially indigent or who have otherwise 
been determined to be able to reimburse the commission for expenses incurred by 
assigned counsel or contract counsel.
2.  Determination of defendant’s or civil party’s eligibility.  The executive director 
shall provide the court having jurisdiction over a proceeding information used to determine 
indigency for guidance to the court in determining a defendant’s or civil party’s financial 
ability to obtain private counsel.
3.  Partial indigency and reimbursement.  This subsection applies to partial 
indigency and reimbursement of expenses incurred by assigned counsel or contract 
counsel.
A.  If the court determines that a defendant or civil party is unable to pay to obtain 
private counsel but is able to contribute to payment of assigned counsel or contract 
counsel, the court shall order the defendant or civil party to make installment payments 
up to the full cost of representation or to pay a fixed contribution.  The court shall remit 
payments received to the commission.
B.  A defendant or civil party may not be required to pay for legal services in an amount 
greater than the expenses actually incurred.
C.  Upon petition of a defendant or civil party who is incarcerated, the court may 
suspend an order for reimbursement issued pursuant to this subsection until the time of 
the defendant’s or civil party’s release.
D.  The executive director may enter into contracts to secure the reimbursement of fees 
and expenses paid by the commission as provided for in this section.
Sec. A-16.  4 MRSA §1806, sub-§1, ¶C, as enacted by PL 2011, c. 260, §1, is 
amended to read:
C.  "Request for funds for expert or investigative assistance" means a request submitted 
to the commission office by an indigent party or by an attorney on behalf of an indigent 
client seeking authorization to expend funds for expert or investigative assistance, 
which includes, but is not limited to, the assistance of a private investigator, interpreter 
or translator, psychiatrist, psychologist or other mental health expert, medical expert 
and scientific expert.
Sec. A-17.  4 MRSA §1806, sub-§2, as amended by PL 2015, c. 290, §1, is further 
amended to read:
2.  Confidential information.  The following information and records in the 
possession of the commission office are not open to public inspection and do not constitute 
public records as defined in Title 1, section 402, subsection 3.
A.  Individual client information that is submitted by a commission-rostered an office-
rostered attorney or a court is confidential, except that the names of criminal defendants 
and the names of juvenile defendants charged with offenses that if committed by an 
adult would constitute murder or a Class A, Class B or Class C crime are not 
confidential.
B.  Information subject to the lawyer-client privilege set forth in the Maine Rules of 
Evidence, Rule 502 or that constitutes a confidence or secret under the Maine Rules of 
Professional Conduct, Rule 1.6 is confidential.
C.  Personal contact information of a commission-rostered an office-rostered attorney 
is confidential.
D.  Personal contact information of a member of the commission or a commission staff 
member is confidential.
E.  A request for funds for expert or investigative assistance that is submitted by an 
indigent party or by an attorney on behalf of an indigent client is confidential. The 
decision of the executive director of the commission office hired pursuant to section 
1804, subsection 1, or the executive director's designee, to grant or deny such a request 
is not confidential after a case has been completed.  A case is completed when the 
judgment is affirmed on appeal or the period for appeal has expired.
F.  Any information obtained or gathered by the commission office when performing 
an evaluation or investigation of an attorney is confidential, except that it may be 
disclosed to the attorney being evaluated or investigated.
Sec. A-18.  4 MRSA §1806, sub-§3, as enacted by PL 2011, c. 547, §2, is amended 
to read:
3.  Confidential information disclosed by the Judicial Department.  The Judicial 
Department may disclose to the commission office confidential information necessary for 
the commission office to carry out its functions, including the collection of amounts owed 
to reimburse the State for the cost of assigned counsel, as follows:
A.  Case information and individual client information with respect to court 
proceedings that are confidential by statute or court rule in which one or more parties 
are represented by assigned counsel; and
B.  The name, address, date of birth and social security number of any person ordered 
by the court to reimburse the State for some or all of the cost of assigned counsel.
This information remains confidential in the possession of the commission office and is not 
open to public inspection, except that the names of criminal defendants and the names of 
juvenile defendants charged with offenses that if committed by an adult would constitute 
murder or a Class A, Class B or Class C crime are not confidential.
PART B
Sec. B-1.  2 MRSA §6, sub-§13, as enacted by PL 2021, c. 398, Pt. GGG, §2, is 
amended to read:
13.  Range 37.  The salary of the executive director of the Maine Commission on 
Indigent Legal Office of Public Defense Services is within salary range 37.
Sec. B-2.  5 MRSA §959, as enacted by PL 2009, c. 419, §3, is amended to read:
§959.  Maine Commission on Indigent Legal Office of Public Defense Services
1.  Major policy-influencing positions.  The following positions are major policy-
influencing positions within the Maine Commission on Indigent Legal Office of Public 
Defense Services. Notwithstanding any other provision of law to the contrary, these 
positions and their successor positions are subject to this chapter:
A.  Executive director Director.
Sec. B-3.  5 MRSA §1591, sub-§6, as enacted by PL 2021, c. 398, Pt. EEE, §1, is 
amended to read:
6.  Maine Commission on Indigent Legal Office of Public Defense Services.  Any 
All Other balance remaining in the Maine Commission on Indigent Legal Office of Public 
Defense Services program, General Fund account at the end of any fiscal year must be 
carried forward for use by the commission office in the next fiscal year.
Sec. B-4.  5 MRSA §12004-G, sub-§25-A, as enacted by PL 2009, c. 419, §4, is 
amended to read:
25-A.  
Legal Services Maine Commission on Indigent Legal 
Services
Legislative Per 
Diem Plus 
Expenses
MRSA 
§1801 §1803
Sec. B-5.  15 MRSA §2115-A, sub-§8, as amended by PL 2013, c. 159, §14, is 
further amended to read:
8.  Fees and costs.  The Law Court shall allow counsel fees and costs for the defense 
of appeals under this section, to be paid by the Maine Commission on Indigent Legal Office 
of Public Defense Services under Title 4, section 1801.  The compensation paid by the 
commission office may not exceed the rates established by the commission for the payment 
of counsel providing indigent legal services.
Sec. B-6.  15 MRSA §2115-A, sub-§9, as amended by PL 2013, c. 159, §15, is 
further amended to read:
9.  Appeals to Federal Court; fees and costs.  The Law Court shall allow attorney's 
fees for court appointed counsel when the State appeals a judgment to any Federal Court 
or to the United States Supreme Court on certiorari.  Any fees allowed pursuant to this 
subsection must be paid out of the accounts of the Maine Commission on Indigent Legal 
Office of Public Defense Services under Title 4, section 1801.  The compensation paid by 
the commission office may not exceed the rates established by the commission for the 
payment of counsel providing indigent legal services.
Sec. B-7.  34-A MRSA §3049, sub-§3, ¶D, as enacted by PL 2013, c. 434, §4, is 
amended to read:
D.  If the person is indigent, costs of counsel and all other costs, including all costs on 
appeal, must be provided by the Maine Commission on Indigent Legal Office of Public 
Defense Services as in other civil cases.
Sec. B-8.  36 MRSA §191, sub-§2, ¶EEE, as enacted by PL 2017, c. 284, Pt. 
UUUU, §16 and reallocated by c. 375, Pt. D, §1, is amended to read:
EEE.  The disclosure by employees of the bureau to an authorized representative of the 
Maine Commission on Indigent Legal Office of Public Defense Services for 
determining the eligibility for indigent legal services and the ability to reimburse 
expenses incurred for assigned counsel and contract counsel under Title 4, chapter 37.
Sec. B-9.  36 MRSA §5219-ZZ, sub-§1, ¶B, as enacted by PL 2021, c. 473, §2 
and reallocated by RR 2021, c. 1, Pt. A, §48, is amended by amending subparagraph (2) to 
read:
(2)  Is rostered by the Maine Commission on Indigent Legal Office of Public 
Defense Services to accept court appointments to represent clients in an 
underserved area;
SUMMARY
This bill creates under the supervision of the Maine Commission on Indigent Legal 
Services the Maine Office of Public Defense Services, transfers the duties relating to the 
provision of legal services from the commission to the office and changes references to the 
executive director of the commission to the director of the office.