An Act to Suppott Constitutionally Required Public Defense by Creating the Maine Office of Public Defense Services
Maine Legislature, Session 131, LD 0653
Committee Amendment CA_A_S579 (Senate)
Amends: 2 MRSA §6, 4 MRSA §1801, 4 MRSA §1802, 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

COMMITTEE AMENDMENT "/i'" to S.P. 270, L.D. 653, "An Act to Suppott 
Constitutionally Required Public Defense by Creating the Maine Office of Public Defense 
Services" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Establish the Maine Commission on Public Defense Services and Establish 
Public Defender Offices for Aroostook, Penobscot and Piscataquis Counties' 
Amend the bill by insetting after the title and before the enacting clause the following: 
'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 oflibetty in a criminal orjuvenile proceeding is provided 
with effective representation; and 
Whereas, due to a lack of attorneys currently eligible for appointment, more than 500 
adult criminal defendants eligible for a comt-appointed attorney are currently without 
counsel, of whom at least 150 are currently in custody; and 
Whereas, in at least 10 District Comt locations across the State, there are no attorneys 
currently eligible for appointment to represent juveniles charged with certain types of 
offenses; and 
Whereas, this legislation changes the name of the Maine Commission on Indigent 
Legal Services to the Maine Commission on Public Defense Services and establishes 
authority for the commission to establish 2 new public defender offices, one serving 
Aroostook County and one serving Penobscot and Piscataquis counties, the 2 areas of the 
State identified by the commission as experiencing the greatest need for additional indigent 
legal services; and 
Whereas, it is impmtant to authorize establishment of these offices as soon as 
possible; and 
Page I - 131LR0286(02) 
COMMITTEE AMENDMENT 
?-.OS 
COMMITTEE AMENDMENT" I}" to S.P. 270, L.D. 653 ( S· 51 "l) 
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,' 
Amend the bill by striking out eve1ything after the enacting clause and inse1ting the 
following: 
'Sec. 1. 2 MRSA §6, sub-§13, as enacted by PL 2021, c. 398, Pt. GGG, §2, is 
amended to read: 
13. Range 37. The sala1y of the executive director of the Maine Commission on 
lHEligent Legal Public Defense Services is within sala1y range 37. 
Sec, 2, 4 MRSA c, 37, headnote is amended to read: 
CHAPTER37 
MAINE COMMISSION ON INDIGENT LEGf,L PUBLIC DEFENSE SERVICES 
Sec. 3. 4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read: 
§1801. Maine Commission on Indigent Legal Public Defense Services; established 
The Maine Commission on InEligent Legal Public Defense 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 and children and parents in child protective cases, consistent with federal and 
state constitutional and statuto1y obligations. The commission shall work to ensure the 
delive1y 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. 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 IHEligent Legal 
Public Defense Services under section 180 I. 
Sec. 5. 5 MRSA §959, as enacted by PL 2009, c. 419, §3, is amended to read: 
§959. Maine Commission on Indigent Legal Public Defense Services 
1. Major policy-influencing positions. The following positions are major policy-
influencing positions within the Maine Commission on InEligent Legal Public Defense 
Services. Notwithstanding any etllel' provision of law to the contra1y, these positions and 
their successor positions are subject to this chapter: 
A. Executive director. 
Sec, 6. 5 MRSA §1591, sub-§6, as enacted by PL 2021, c. 398, Pt. EBE, § !, is 
amended to read: 
COMMITTEE AMENDMENT 
y1..OS 
COMMITTEE AMENDMENT" At" to S.P. 270, L.D. 653 Cs-o l D 
6. Maine Commission on Indigent Legal Public Defense Services. Any All Other 
balance remaining in the Maine Commission on Public Defense Services Maine 
Commission on IndigeHt Legal Public Defense Services program, General Fund account at 
the end of any fiscal year must be carried forward for use by the commission in the next 
fiscal year. 
Sec. 7. 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 Legislative Per 
Public Defense Services 
Diem Plus 
Expenses 
4MRSA 
§1801 
Sec. 8. 15 MRSA §2115-A, sub-§8, as amended by PL 2013, c. 159, §14, is futther 
amended to read: 
8. Fees and costs. The Law Comt shall allow counsel fees and costs for the defense 
of appeals under this section, to be paid by the Maine Commission on Indigent Legal Public 
Defense Services under Title 4, section 1801. The compensation paid by the commission 
may not exceed the rates established by the commission for the payment of counsel 
prnviding indigent legal services, 
Sec. 9. 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 comt appointed counsel when the State appeals a judgment to any Federal Comt 
or to the United States Supreme Court on cettiorari. Any fees allowed pursuant to this 
subsection must be paid out of the accounts of the Maine Commission on Indigent Legal 
Public Defense Services under Title 4, section 1801. The compensation paid by the 
commission may not exceed the rates established by the commission for the payment of 
counsel prnviding indigent legal services. 
Sec. 10. 34-A MRSA §3049, sub-§3, ,in, 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 Public Defense 
Services as in other civil cases, 
Sec. II. 36 MRSA §191, sub-§2, ,JEEE, 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 Public Defense Services for determining the 
eligibility for indigent legal services and the ability to reimburse expenses incun·ed for 
assigned counsel and contract counsel under Title 4, chapter 37. 
Sec. 12. 36 MRSA §5219-ZZ, sub-§1, ~' 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 Public Defense 
Services to accept comt appointments to represent clients in an underserved area; 
COMMITTEE AMENDMENT 
ROS 
I 
II 
COMMITTEE AMENDMENT" fj "to S.P. 270, L.D. 653 {s- 51 ~ 
Sec. 13. Maine Revised Statutes amended; revision clause, Wherever in the 
Maine Revised Statutes the words "Maine Commission on Indigent Legal Services" appear 
or reference is made to that entity or those words, those words are amended to read or mean, 
as appropriate, "Maine Commission on Public Defense Services" or "commission" and the 
Revisor of Statutes shall implement this revision when updating, publishing or republishing 
the statutes. 
Sec. 14. Transition provisions. The following provisions govern the transition of 
the Maine Commission on Indigent Legal Services to the Maine Commission on Public 
Defense Services. 
I. The Maine Commission on Public Defense Services is the successor in every way 
to the powers, duties and functions of the former Maine Commission on Indigent Legal 
Services. 
2. Each member of the Maine Commission on Indigent Legal Services appointed by 
the Governor and confirmed by the Legislature pursuant to the Maine Revised Statutes, 
Title 4, section 1803 is declared to be a member of the Maine Commission on Public 
Defense Services for the remainder of that member's unexpired term. 
3. All existing mies, regulations and procedures in effect, in operation or adopted in or 
by the Maine Commission on Indigent Legal Services or any of its administrative units or 
officers are declared in effect and continue in effect until rescinded, revised or amended by 
the proper authority. 
4. All existing contracts, agreements and compacts currently in effect for the Maine 
Commission on Indigent Legal Services continue in effect. 
5. Any positions authorized and allocated subject to the personnel laws to the former 
Maine Commission on Indigent Legal Services are transferred to the Maine Commission 
on Public Defense Se!'Vices and continue to be authorized. 
6. All records, property and equipment previously belonging to or allocated for the use 
of the former Maine Commission on Indigent Legal Services become, on the effective date 
of this Act, pa1t of the property of the Maine Commission on Public Defense Services. 
7. All existing forms, licenses, letterheads and similar items bearing the name of or 
refe11'ing to the "Maine Commission on Indigent Legal Services" may be used by the Maine 
Commission on Public Defense Services until existing supplies of those items are 
exhausted. 
Sec. 15. Carrying balance in fiscal year 2023-24; Maine Commission on 
Indigent Legal Services. Notwithstanding any provision of law to the contra1y, at the 
end of fiscal year 2023-24, the State Controller shall cany forward for the Maine 
Commission on Indigent Legal Services any remaining balance in the Personal Se!'Vices 
line categ01y in the Maine Commission on Indigent Legal Se!'Vices program, General Fund 
account to the next fiscal year. 
Sec, 16. Appropriations and allocations. The following appropriations and 
allocations are made. 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z112 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" A" to S.P. 270, L.D. 653 Cs-51 ~ 
Initiative: Establishes one District Defender position, one Assistant Defender II position, 2 
Assistant Defender I positions, one Paralegal position, one Public Service Coordinator I 
position and one Office Specialist II Supervisor position for a public defender office 
serving Aroostook County and reduces All Other funding to fund the positions. 
GENERAL FUND 
2023-24 
POSITIONS - LEGISLATIVE COUNT 
7.000 
Personal Services 
$224,226 
All Other 
($224,226) 
GENERAL FUND TOTAL 
$0 
Maine Commission on Indigent Legal Services Z112 
2024-25 
7.000 
$896,905 
($896,905) 
$0 
Initiative: Establishes one District Defender position, 3 Assistant Defender II positions, 2 
Assistant Defender I positions, 2 Paralegal positions, 2 Public Service Coordinator I 
positions and one Office Specialist II Supervisor position for a public defender office 
serving Penobscot and Piscataquis counties and reduces All Other funding to fund the 
positions. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Maine Commission on Indigent Legal Services Z112 
2023-24 
11.000 
$331,387 
($331,387) 
$0 
2024-25 
11.000 
$1,325,548 
($1,325,548) 
$0 
Initiative: Establishes one Public Service Coordinator I position in the public defender 
office serving Kennebec County and reduces All Other funding to fund the position. 
GENERAL FUND 
2023-24 
2024-25 
POSITIONS - LEGISLATNE COUNT 
1.000 
1.000 
Personal Services 
$23,792 
$95,167 
All Other 
($23,792) 
($95,167) 
GENERAL FUND TOTAL 
$0 
$0 
Maine Commission on Indigent Legal Services Zl12 
Initiative: Establishes one Public Service Manager II position and 2 Office Specialist II 
positions within the central office of the Maine Commission on Indigent Legal Services 
and reduces All Other funding to fund the positions. 
GENERAL FUND 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2023-24 
3.000 
$77,048 
($77,048) 
$0 
COMMITTEE AMENDMENT 
2024-25 
3.000 
$308,195 
($308,195) 
$0 
ROS 
COMMITTEE AMENDMENT" A "to S.P. 270, L.D. 653 (s-s, ~ 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2023-24 
$0 
$0 
2024-25 
$0 
$0 
Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the unanimous rep01t of the committee, replaces the bill and 
changes the title. The amendment changes the name of the Maine Commission on Indigent 
Legal Services to the Maine Commission on Public Defense Services in order to more 
cleal'iy describe the commission's mission and functions to the public. 
The amendment funds the establishment of a new public defender office to serve 
Aroostook County; a new public defender office to serve Penobscot and Piscataquis 
counties; a new Public Service Coordinator I position to perform investigative se1vices for 
the existing public defender office in Kennebec County; and new positions in the Maine 
Commission on Indigent Legal Setvices' central office designed to assist with the fo1mation 
and implementation of new public defender offices and training of new public defenders 
and reduces funding in the All Other line categ01y to pay the costs associated with these 
initiatives. The amendment also directs the State Controller to cany forward any remaining 
balance in the Personal Services line categ01y in the Maine Commission on Indigent Legal 
Services program to fund costs associated with establishing public defender offices. 
The amendment also adds an emergency preamble and emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/13/24 ;:t,:,ae 
LD653 
LR 286(02) 
An Act to Support Constitutionally Required Public Defense by Creating the Maine Office of Public 
Defense Services 
Fiscal Note for Bill as Amended by Committee Amendment "fl-'(.S-570 
Committee: Judiciary 
'J 
Net Cost (Savings) 
General Fund 
\ 
_)Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
FY 2024-25 
$0 
$0 
$0 
$0 
Projections 
FY 2025-26 
$94,530 
$94,530 
Projections 
FY 2026-27 
$192,461 
$192,461 
This bill establishes 22 positions beginning in fiscal year 2023-24 in the Maine Commission on Indigent Legal 
Services program and provides adjustments to General Fund appropriations in fiscal year 2023-24 and fiscal year 2024-
within the program to fund the positions, resulting in no net total increase in General Fund appropriations for fiscal 
year 2023-24 and fiscal year 2024-25. 
LR0286(02) - Fiscal Note - Page 1 of 1