An Act to Improve Mame's System for Protectmg Sixth Amendment Rights
Maine Legislature, Session 131, LD 0565
Committee Amendment CA_A_S386 (Senate)
Amends: 4 MRSA §1804, 4 MRSA §1806, 30-A MRSA §1662

COMMITTEE AMENDMENT "A " 
to S P 236, L D 565, "An Act to Improve 
Mame's System for Protectmg Sixth Amendment Rights" 
Amend the bill by strikmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 4 MRSA §1804, sub-§2, as amended by PL 2021, c 720, §1, is further 
amended to read 
2. Standards Rulemaking. The commission shall de:velop standards adopt rules 
govemmg the dehvery of mdigent legal services, mcludmg by assigned counsel, contract 
counsel and pubhc defenders The rules adopted by the commission must mclude 
A Standards govemmg ehgibihty for mdigent legal services The ehgibihty standards 
must take mto account the possibility of a defendant's or civil party's ability to make 
periodic mstallment payments toward counsel fees and the cost of private legal services 
m the relevant geographic area, 
B 
Standards prescribmg mmimum experience, trammg and other quahficat10ns for 
contract counsel and.,, assigned counsel and pubhc defenders, 
C 
Standards for assigned counsel and.,, contract counsel and pubhc defender case 
loads, 
D Standards for the evaluation of assigned counsel and.,, contract counsel and pubhc 
defenders 
The commission shall review the standards developed pursuant to this 
paragraph at least every 5 years.,, or earlier upon the ea-rlief recommendation of the 
executive director, 
E 
Standards for mdependent, Cfl:}ahty high-guahty and efficient representat10n of 
chents whose cases present conflicts of mterest, 
F 
Standards for the reimbursement of expenses mcurred by assigned counsel and.,, 
contract counsel and pubhc defenders, mcludmg attendance at trammg events provided 
by the commission, and 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT A 
"to SP 236, L D 565 
G 
Other standards considered necessary and appropriate to ensure the delivery of 
adequate mdigent legal services 
Sec. 2. 4 MRSA § 1804, sub-§3, ,A, as amended by PL 2021, c 481, § 1, is further 
amended to read 
A Develop and mamtam a system that may employ attorneys, use employs public 
defenders, uses appomted private attorneys and contract contracts with individual 
attorneys or groups of attorneys The commission shall consider other programs 
necessary to provide quality and efficient mdigent legal services, 
Sec. 3. 4 MRSA §1804, sub-§3, ~' as enacted by PL 2009, c 419, §2, is amended 
to read 
F Establish rates of compensat10n for assigned counsel and contract counsel, 
Sec. 4. 4 MRSA §1804, sub-§3, ,G, as enacted by PL 2009, c 419, §2, is amended 
to read 
G Establish a method for accurately tracking -ana.,_ momtormg and enforcing case leads 
ef load standards for assigned counsel -ana.,_ conti act counsel and pubhc defenders, 
Sec. 5. 4 MRSA §1804, sub-§3, ,IH, as amended by PL 2017, c 284, Pt UUUU, 
§4, is further amended by amending subparagraph ( 1) to read 
(1) An evaluat10n of contracts, services provided by contract counsel -ana.,_ 
assigned counsel and public defenders, any contracted professional services, and 
cost contamment measures, and 
Sec. 6. 4 MRSA §1806, sub-§4 is enacted to read 
Rules of professional conduct. Nothmg m this section prohibits the executive 
director or the executive director's designee from reportmg potential professional 
misconduct under the Mame Rules of Professional Conduct to the Board of Overseers of 
the Bar or from disclosmg informat10n and records related to potential profess10nal 
misconduct to the board 
Sec. 7. 30-A MRSA §1662, sub-§3, as enacted by PL 2017, c 214, §2, is amended 
to read 
Pretrial detentmn. Begmnmg November 1, 2017, a A county Jail or regional Jail 
shall report twice per month to the Umfied Cnmmal Docket m the Judicial reg10n m which 
the jail is located and to the Mame Commission on Indigent Legal Services on the pretrial 
detent10n population m the Jail The Jail shall report on the fonn provided by the Umfied 
Criminal Docket' 
Amend the bill by relettering or renumbermg any nonconsecutive Part letter or sect10n 
number to read consecutively 
SUMMARY 
This amendment, which is the maJonty report of the committee, replaces the bill, which 
is a concept draft It amends the laws governmg the Mame Commiss10n on Indigent Legal 
Services m the followmg ways 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT •:,A "to SP 236, L D 565 
It provides that, other than the rates of compensation for assigned counsel and 
contract counsel, which are maJor substantive rules, the standards for the delivery of 
md1gent legal services developed by the commission are routme techmcal rules 
It provides that the commission has the authonty to employ pubhc defenders, that 
pubhc defenders are subject to the comm1ss1on' s routme techmcal rules establishmg 
standards for the delivery of md1gent legal services and requires the comm1ss10n to mclude 
m its annual report to the Legislature an evaluation of the services provided by these public 
defenders 
It reqmres the comm1ss10n to review its routme techmcal rules estabhshmg 
standards for the evaluation of assigned counsel, contract counsel and pubhc defenders at 
least every 5 years or earlier upon the recommendat10n of the executive director of the 
commission 
It provides that the laws govemmg the confident1ahty of comm1ss1on records do not 
prevent the executive dtrector from reportmg potential profess10nal misconduct under the 
Mame Rules of Professional Conduct to the Board of Overseers of the Bar or from 
d1sclosmg mformat10n and records related to potential profess10nal mISconduct to the 
board 
It reqmres county Jails and regional Jails to submit to the comm1ss1on a copy of the 
twice-monthly reports on the pretnal detention population those Jails must send under 
current law to the Umfied Cnmmal Docket m the Jud1c1al reg10n m which the Jail is located 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/17/23 f.'1¥aC!. 
LD565 
LR 1651(02) 
An Act to Improve Mame's System for Protecting Sixth Amendment Rights 
Ftscal Note for BIii as Amended by Committee Amendment its '::)'lffe-'\ 
Comnnttee: Judiciary 
') 
Fiscal Note Reqmred: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Fiscal Detail and Notes 
Add1t10nal costs to the Mame Comm1ss10n on Indigent Legal Services to implement the proV1s10ns of this bill are 
expected to be mmor and can be absorbed w1thm ex1stmg budgeted resources 
LR1651'02l - Fiscal Note - Pae-e 1 of 1