An Act to Implement the Recommendations of the Maine Commission on Indigent Legal Services
Maine Legislature, Session 131, LD 2219
Committee: Judiciary
Amends: 4 MRSA §1801, 4 MRSA §1802, 4 MRSA §1803, 4 MRSA §1804, 4 MRSA §1806, 14 MRSA §8104-B, 14 MRSA §8111, 15 MRSA §3010, 15 MRSA §3306, 15 MRSA §3308-C, 22 MRSA §4005, 22 MRSA §4005-D, 22 MRSA §4006, 22 MRSA §4007, 22 MRSA §4008, 22 MRSA §4011-A, 22 MRSA §4014

Legislative Document
No. 2219
S.P. 949
In Senate, February 21, 2024
An Act to Implement the Recommendations of the Maine 
Commission on Indigent Legal Services
Reported by Senator CARNEY of Cumberland for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 4, section 1804, subsection 3.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read:
§1801.  Maine Commission on Indigent Legal Services; established
The Maine Commission on Indigent Legal Services, established by Title 5, section 
12004‑G, subsection 25‑A, is an independent commission whose purpose is to provide 
efficient, promote high-quality, effective and efficient representation to indigent criminal 
defendants, juvenile defendants and children and parents in child protective cases, and due 
process for persons who receive indigent legal services in parity with the resources of the 
State and consistent with federal and state constitutional and statutory obligations.  The 
commission 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.
Sec. 2.  4 MRSA §1802, sub-§3-A is enacted to read:
3-A.  Employed counsel.  "Employed counsel" means an attorney employed by the 
commission to provide indigent legal services directly to persons who receive indigent 
legal services, including an attorney who is a district defender, deputy district defender or 
assistant district defender.  "Employed counsel" does not include an attorney employed by 
the commission who does not provide indigent legal services directly to persons who 
receive indigent legal services.
Sec. 3.  4 MRSA §1803, as amended by PL 2017, c. 430, §§1 and 2, is further 
amended to read:
§1803.  Commission structure
1.  Members; appointment; chair.  The commission 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.
2.  Qualifications.  Individuals appointed to the commission must have demonstrated 
a commitment to quality representation for persons who are indigent and have the 
knowledge required to ensure that quality of representation is provided in each area of law.  
No more than 7 members may be attorneys engaged in the active practice of law.  A person 
who is a sitting judge, prosecutor or law enforcement official, or an employee of such a 
person, may not be appointed to the commission.  A voting member and the immediate 
family members living in the same household as the member may not receive compensation 
from the commission, other than that authorized in Title 5, section 12004‑G, subsection 
25‑A, while the member is serving on the commission.
The limitations on members receiving compensation from the commission do not apply to 
any member serving on the commission as of April 1, 2018 for the duration of the member's 
term.
3.  Terms.  Members of the commission are appointed for terms of 3 years each, except 
that of those first appointed the Governor shall designate 2 whose terms are only one year, 
whose terms are only 2 years and one whose term is 3 years. A member may not serve 
more than 2 consecutive 3-year terms plus any initial term of less than 3 years.
A member of the commission appointed to fill a vacancy occurring otherwise than by 
expiration of term is appointed only for the unexpired term of the member succeeded.
4.  Quorum.  A quorum is a majority of the current voting members of the commission.  
A vacancy in the commission does not impair the power of the remaining members to 
exercise all the powers of the commission.
5.  Compensation.  Each member of the commission is eligible to be compensated as 
provided in Title 5, chapter 379.
5-A.  Compensation.  A member of the commission and an immediate family member 
living in the same household as the member of the commission may not receive 
compensation from the commission, other than that authorized in Title 5, section 12004‑G, 
subsection 25‑A, while the member is serving on the commission, except that the members 
appointed under subsection 1, paragraphs F and G and their immediate family members 
may be compensated by the commission for providing indigent legal services as assigned 
counsel at the same compensation rate established by the commission's rules for all 
assigned counsel.
Sec. 4.  4 MRSA §1804, as amended by PL 2023, c. 344, §§1 to 5 and c. 394, Pt. A, 
§§1 to 3, is further amended to read:
§1804.  Commission responsibilities
1.  Executive director.  The commission shall hire an executive director. The executive 
director must be an attorney licensed to practice law in this State; be a member in good 
standing of the bar of the State; and have experience in the legal field, including, but not 
limited to, the provision of indigent legal services.
2.  Rulemaking.  The commission shall adopt rules governing the delivery of indigent 
legal services by assigned counsel, contract counsel and public defenders employed 
counsel. The rules adopted by the commission must include:
A.  Standards governing eligibility for indigent legal services.  The eligibility standards 
must take into account the possibility of a defendant's or civil party's ability to make 
periodic installment payments toward counsel fees and the cost of private legal services 
in the relevant geographic area;
B.  Standards prescribing minimum experience, training and other qualifications for 
contract eligibility requirements for an attorney to be eligible to serve as assigned 
counsel, assigned contract counsel and public defenders or employed counsel;
C.  Standards for assigned counsel, contract counsel and public defender case loads 
employed counsel caseloads;
D.  Standards for the evaluation of assigned counsel, contract counsel and public 
defenders.  The commission shall review the standards developed pursuant to this 
paragraph at least every 5 years, or earlier upon the recommendation of the executive 
director;
E.  Standards for independent, high-quality and efficient effective representation of 
clients whose cases present conflicts of interest;
F.  Standards for the reimbursement of expenses incurred by assigned counsel, contract 
counsel and public defenders employed counsel, including attendance at training 
events provided by the commission; and
G.  Other standards considered necessary and appropriate to ensure the delivery of 
adequate high-quality and effective indigent legal services.
3.  Duties.  The commission shall:
A.  Develop and maintain a system that employs public defenders employed counsel, 
uses appointed private attorneys and contracts with individual attorneys or groups of 
attorneys. The commission shall consider other programs necessary to provide quality 
high-quality and efficient effective indigent legal services;
B.  Develop and maintain an assigned counsel voucher review and payment 
authorization system that includes disposition information;
C.  Establish processes and procedures consistent with commission standards to ensure 
that office and contract personnel use information technology and case load caseload 
management systems so that detailed expenditure and case load indigent legal services 
caseload data are accurately collected, recorded and reported;
D.  Develop criminal defense, child protective and involuntary commitment 
representation training and evaluation programs for attorneys throughout the State to 
ensure an adequate pool of qualified attorneys;
E.  Establish minimum qualifications eligibility standards to ensure that attorneys who 
provide indigent legal services are qualified and capable of providing quality high-
quality and effective representation in the case types to which they are assigned, 
recognizing that quality high-quality and effective representation in each of these types 
of cases requires counsel with experience and specialized training in that field;
F.  Establish rates of compensation for assigned counsel and contract counsel;
G.  Establish a method for accurately tracking, monitoring and enforcing case load 
caseload standards for assigned counsel, contract counsel and public defenders 
employed counsel;
H.  By January 15th of each year, submit to the Legislature, the Chief Justice of the 
Supreme Judicial Court and the Governor an annual report on the operation, needs and 
costs of the indigent legal services system.  The report must include:
(1)  An evaluation of: contracts; services provided by contract counsel, assigned 
counsel and public defenders employed counsel; any contracted professional 
services; and cost containment measures; and
(2)  An explanation of the relevant law changes to the indigent legal services 
covered by the commission and the effect of the changes on the quality of 
representation and costs.
The joint standing committee of the Legislature having jurisdiction over judiciary 
matters may report out legislation on matters related to the report;
I.  Approve and submit a biennial budget request to the Department of Administrative 
and Financial Services, Bureau of the Budget, including supplemental budget requests 
as necessary;
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;
K.  Pay appellate counsel;
L.  Establish processes and procedures to acquire investigative and expert services that 
may be necessary for a case, including contracting for such services;
M.  Establish procedures for handling complaints about the performance of counsel 
providing indigent legal services;
N.  Develop a procedure for approving requests by counsel for authorization to file a 
petition as described in section 1802, subsection 4, paragraph D;
O.  Establish a system to audit 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; and
P.  Develop and maintain a registry of names, telephone numbers and other contact 
information for attorneys who provide legal services to persons who are incarcerated.  
The commission shall on a weekly basis provide these names, telephone numbers and 
other contact information to all sheriffs' offices and to the Department of Corrections. 
On the Monday following transmission of the information, the sheriffs' offices and the 
Department of Corrections have constructive notice that communications to and from 
these attorneys by residents of jails and correctional facilities are subject to the 
attorney-client privilege. The attorneys' names, telephone numbers and other contact 
information are confidential.; and
Q.  Develop training and evaluation programs for attorneys throughout the State who 
provide indigent legal services.
4.  Powers.  The commission may:
A.  Establish and maintain a principal office and other offices within the State as it 
considers necessary;
B.  Meet and conduct business at any place within the State;
C.  Use voluntary and uncompensated services of private individuals and organizations 
as may from time to time be offered and needed;
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 rates of compensation for assigned counsel and 
contract counsel under subsection 3, paragraph F are major substantive rules as defined 
in Title 5, chapter 375, subchapter 2‑A; and
E.  Appear in court and before other administrative bodies represented by its own 
attorneys.; and
F.  Notwithstanding Title 5, chapter 155, through employed counsel, retain 
investigative and expert services that are reasonably necessary for case-specific 
purposes.  For purposes of this paragraph, investigative and expert services are for case-
specific purposes if the services relate to a specific case and not to the ongoing activities 
of the commission or its employees that do not relate to a specific case.  Nothing in this 
paragraph affects the applicability of Title 5, chapter 155 to the purchase of services, 
supplies, materials and equipment by the commission or its employees for purposes 
that are not case-specific purposes.
Sec. 5.  4 MRSA §1806, as amended by PL 2023, c. 344, §6, is further amended to 
read:
§1806.  Information not public record
Disclosure of information and records in the possession of the commission is governed 
by this section.
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Individual client information" means name,; date of birth,; social security number,; 
gender,; ethnicity,; home, work, school or other address,; home telephone number,; 
home facsimile fax number,; home e-mail address,; personal cellular telephone 
number,; personal pager number; and any information protected under the Maine Rules 
of Evidence, Rules 501 to 509 or the Maine Rules of Professional Conduct, Rule 1.6 
or otherwise protected by the attorney-client relationship.
B.  "Personal contact information" means home address, home telephone number, 
home facsimile fax number, home e-mail address, personal cellular telephone number, 
personal pager number, date of birth and social security number.
C.  "Request for funds for expert or investigative assistance noncounsel funds" means 
a request submitted to the commission by an indigent party or by an attorney or on 
behalf of an indigent client a person eligible for indigent legal services seeking 
authorization to expend funds for expert or investigative noncounsel 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.
D.  "Case information" means:
(1)  The court in which a case is brought;
(2)  Any criminal charges or juvenile crime charges and the type, but not the 
contents, of any petition giving rise to a case;
(3)  The docket number;
(4)  The identity of assigned counsel and the date of assignment;
(5)  The withdrawal of assigned counsel and the date of withdrawal; and
(6)  Any order for reimbursement of assigned counsel fees.
2.  Confidential information.  The following information and records in the 
possession of the commission 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 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 attorney assigned counsel 
and contract counsel is confidential.
D.  Personal contact information of a member of the commission or a commission staff 
member employee, including employed counsel, is confidential.
E.  A request for noncounsel 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 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 through a formal or 
informal complaint or when performing an evaluation or investigation of an attorney 
is confidential, except that it may be disclosed to the attorney being evaluated or 
investigated.:
(1)  The commission may disclose the information to the attorney who is the subject 
of the formal or informal complaint, evaluation or investigation;
(2)  The executive director of the commission hired pursuant to section 1804, 
subsection 1, or the executive director's designee, may disclose the information to 
the Maine Assistance Program for Lawyers described in Title 14, section 164-A;
(3)  If the attorney who is subject to an evaluation or investigation appeals from a 
decision of the executive director or the executive director's designee, in 
accordance with the process established under section 1804, subsection 3, 
paragraph J, the information may be disclosed at a public hearing conducted by the 
commission on the appeal, except that information that is protected by the attorney-
client privilege or that is confidential under any provision of law, the Maine Rules 
of Evidence or the Maine Rules of Professional Conduct remains confidential; and
(4)  As provided in subsection 4.
3.  Confidential information disclosed by the Judicial Department.  The Judicial 
Department may disclose to the commission confidential information necessary for the 
commission to carry out its functions, including, but not limited to, 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 Information received by the commission from the Judicial Department 
under this subsection remains confidential in the possession of the commission 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.
4.  Rules of professional conduct.  Nothing in this section prohibits the executive 
director of the commission hired pursuant to section 1804, subsection 1, or the executive 
director's designee, from reporting potential professional misconduct under the Maine 
Rules of Professional Conduct to the Board of Overseers of the Bar or from disclosing 
information and records related to potential professional misconduct to the board.
5.  Confidential information possessed by employed counsel.  Records, information 
and materials created, received, obtained, maintained or stored by or on behalf of employed 
counsel that are protected under the Maine Rules of Evidence, Rules 501 to 509 or the 
Maine Rules of Professional Conduct, Rule 1.6 or otherwise protected by the attorney-
client relationship are confidential.
Sec. 6.  14 MRSA §8104-B, sub-§4-A is enacted to read:
4-A.  Performing public defense function.  An employee's performing or failing to 
perform any indigent legal services in the scope of that employee's employment with the 
Maine Commission on Indigent Legal Services established by Title 5, section 12004-G, 
subsection 25-A.  For purposes of this subsection, "indigent legal services" has the same 
meaning as in Title 4, section 1802, subsection 4;
Sec. 7.  14 MRSA §8111, sub-§1, ¶E, as amended by PL 2001, c. 662, §8, is further 
amended to read:
E.  Any intentional act or omission within the course and scope of employment; 
provided that such immunity does not exist in any case in which an employee's actions 
are found to have been in bad faith; or
Sec. 8.  14 MRSA §8111, sub-§1, ¶F, as enacted by PL 2001, c. 662, §9, is 
amended to read:
F.  Any act by a member of the Maine National Guard within the course and scope of 
employment; except that immunity does not exist when an employee's actions are in 
bad faith or in violation of military orders while the employee is performing active state 
service pursuant to Title 37‑B.; or
Sec. 9.  14 MRSA §8111, sub-§1, ¶G is enacted to read:
G.  Performing or failing to perform any indigent legal services as an employee of the 
Maine Commission on Indigent Legal Services established in Title 5, section 12004-
G, subsection 25-A. For purposes of this subsection, "indigent legal services" has the 
same meaning as in Title 4, section 1802, subsection 4.
Sec. 10.  15 MRSA §3010, sub-§4, ¶B, as enacted by PL 2021, c. 365, §9 and 
affected by §37, is amended to read:
B.  Any person for any purpose when expressly authorized by a statute, court rule, court 
decision or court order containing language specifically referring to confidential 
juvenile history record information or one or more of the types of confidential juvenile 
history record information; or  
Sec. 11.  15 MRSA §3010, sub-§4, ¶C, as enacted by PL 2021, c. 365, §9 and 
affected by §37, is amended to read:
C.  A public entity for purposes of international travel, such as issuing visas and 
granting of citizenship.; or   
Sec. 12.  15 MRSA §3010, sub-§4, ¶D is enacted to read:
D.  The Maine Commission on Indigent Legal Services established by Title 5, section 
12004-G, subsection 25-A for the purposes of assigning, evaluating or supervising 
counsel.
Sec. 13.  15 MRSA §3306, sub-§1, ¶B, as amended by PL 2019, c. 525, §15, is 
further amended to read:
B.  If the juvenile requests an attorney and if the juvenile and the juvenile's parent or 
parents, guardian or legal custodian are found to be without sufficient financial means, 
the juvenile must be considered indigent and counsel must be appointed by the court.  
If, after counsel has been appointed, private counsel retained by the juvenile enters an 
appearance, appointed counsel must file a motion to withdraw.
Sec. 14.  15 MRSA §3308-C, sub-§4, ¶H is enacted to read:
H.  Juvenile case records must be open to inspection by and, upon request, be 
disseminated to the Maine Commission on Indigent Legal Services established by Title 
5, section 12004-G, subsection 25-A for the purposes of assigning, evaluating or 
supervising counsel.
Sec. 15.  22 MRSA §4005, sub-§2, as amended by PL 1983, c. 783, §2, is further 
amended to read:
2.  Parents.  Parents and custodians are entitled to legal counsel in child protection 
proceedings, except a request for a preliminary protection order under section 4034 or a 
petition for a medical treatment order under section 4071, but including hearings on those 
orders. They The parent or custodian may request the court to appoint legal counsel for 
them the parent or custodian. The court, if it finds them the parent or custodian indigent, 
shall appoint and pay the reasonable costs and expenses of their legal counsel.  To ensure 
the proper evaluation of ineffective assistance claims, the court shall, upon the filing of a 
notice of appeal, appoint new counsel for an indigent parent or custodian who appeals from 
an order in a child protection proceeding terminating that parent's parental rights.
Sec. 16.  22 MRSA §4005-D, sub-§3-A is enacted to read:
3-A.  Maine Commission on Indigent Legal Services; access to proceedings.  The 
executive director of the Maine Commission on Indigent Legal Services established by 
Title 5, section 12004-G, subsection 25-A, or the executive director's designee, may attend 
and observe all court proceedings under this chapter for any purpose related to assigning, 
evaluating or supervising counsel.  The court may not grant the commission, the executive 
director, or the executive director's designee, intervenor status or the right to be heard solely 
on the basis of attendance by the executive director or the executive director's designee at 
a court proceeding under the authority granted in this subsection.
Sec. 17.  22 MRSA §4006, as repealed and replaced by PL 1997, c. 715, Pt. A, §3, 
is amended to read:
§4006.  Appeals
A party aggrieved by an order of a court entered pursuant to section 4035, 4054 or 4071 
may appeal directly to the Supreme Judicial Court sitting as the Law Court, and such 
appeals are governed by the Maine Rules of Civil Appellate Procedure, chapter 9.
Appeals from any order under section 4035, 4054 or 4071 must be expedited.  Any 
attorney appointed to represent a party in a District Court proceeding under this chapter 
shall continue to represent that client in any appeal unless otherwise ordered by the court 
on appeal until new counsel is appointed for the appeal in accordance with section 4005, 
subsection 2.
Orders entered under this chapter under sections other than section 4035, 4054 or 4071 
are interlocutory and are not appealable.
Sec. 18.  22 MRSA §4007, sub-§1-A, ¶E is enacted to read:
E.  The court shall disclose records that are confidential under this subsection to the 
Maine Commission on Indigent Legal Services established by Title 5, section 12004-G, 
subsection 25-A for the purpose of assigning, evaluating or supervising counsel.
Sec. 19.  22 MRSA §4008, sub-§3, ¶M, as amended by PL 2023, c. 151, §8, is 
further amended to read:
M.  Law enforcement authorities for entry into the National Crime Information Center 
database of the Federal Bureau of Investigation and to a national information 
clearinghouse for missing and exploited children operated pursuant to 42 United States 
Code, Section 5773(b).  Information disclosed pursuant to this paragraph is limited to 
information on missing or abducted children or youth that is required to be disclosed 
pursuant to 42 United States Code, Section 671(a)(35)(B); and
Sec. 20.  22 MRSA §4008, sub-§3, ¶N, as enacted by PL 2023, c. 151, §9, is 
amended to read:
N.  A party to a child protection proceeding and the attorney representing the party in 
the proceeding, with protection for identity of reporters and other persons when 
appropriate.; and
Sec. 21.  22 MRSA §4008, sub-§3, ¶O is enacted to read:
O.  The Maine Commission on Indigent Legal Services established by Title 5, section 
12004-G, subsection 25-A for the purpose of assigning, evaluating or supervising 
counsel, with protection for identity of reporters and other persons when appropriate.
Sec. 22.  22 MRSA §4011-A, sub-§1, as amended by PL 2015, c. 117, §1, is further 
amended by amending the 3rd blocked paragraph to read:
An employer may not take any action to prevent or discourage an employee from making 
a report except that an adult person listed in paragraph A is not obligated to and may not 
make a report to the department under this subsection if the report is based on information 
that qualifies as a confidence or secret of a covered client of an attorney under the Maine 
Rules of Professional Conduct, Rule 1.6 and the adult person obtained access to the 
information while working for or at the request of the attorney for the covered client, unless 
the attorney would have the authority to disclose the information under the Maine Rules of 
Professional Conduct, Rule 1.6(b)(1).  For purposes of this subsection, "covered client" 
means a parent or custodian who is a party to a proceeding under this chapter or an adult 
or minor charged with a crime or a juvenile crime.
Sec. 23.  22 MRSA §4014, sub-§1, as amended by PL 2023, c. 146, §2, is further 
amended to read:
1.  Reporting and proceedings.  A Except as provided in subsection 1-A, a person, 
including an agent of the department, participating in good faith in reporting under this 
subchapter or participating in a related child protection investigation or proceeding, 
including, but not limited to, a multidisciplinary team, out-of-home abuse investigating 
team or other investigating or treatment team, or a related law enforcement investigation 
or criminal justice proceeding is immune from any criminal or civil liability for the act of 
reporting or participating in the investigation or proceeding.  Good faith does not include 
instances when a false report is made and the person knows the report is false. This section 
may not be construed to bar criminal or civil action regarding perjury or regarding the abuse 
or neglect that led to a report, investigation or proceeding.
Sec. 24.  22 MRSA §4014, sub-§1-A is enacted to read:
1-A.  Attorney-client privilege.  The attorney-client privilege is not abrogated by this 
subchapter. Statements or information that qualifies as a confidence or secret of a covered 
client of an attorney under the Maine Rules of Professional Conduct, Rule 1.6 is subject to 
the privilege and, unless the attorney would have the authority to disclose the information 
under the Maine Rules of Professional Conduct, Rule 1.6(b)(1), may not form the basis of 
a report under this subchapter by any person who obtained access to the information while 
working for or at the request of the attorney, including, but not limited to, a person 
described in section 4011-A, subsection 1, paragraph A.  For purposes of this subsection, 
"covered client" means a parent or custodian who is a party to a proceeding under this 
chapter or an adult or minor charged with a crime or a juvenile crime.
SUMMARY
This bill implements the recommendations of the Maine Commission on Indigent 
Legal Services to make the following changes to laws governing the commission and 
related provisions of law.
1.  In the laws governing the commission, it defines the term "employed counsel" to 
refer to a person employed by the commission to provide direct legal services to persons 
who receive indigent legal services, formerly referred to in those laws as "public 
defenders."
2.  It provides that the 2 members of the commission who are attorneys engaged in the 
active practice of law and who provide indigent legal services are voting members of the 
commission.
3. It requires that the executive director of the commission be an attorney licensed to 
practice law and a member in good standing of the bar of the State.
4. It specifies that when the commission through employed counsel retains 
investigative and expert services that are reasonably necessary for case-specific purposes, 
those services are not required to be made through the state procurement process.
5. It clarifies that any information subject to a privilege under the Maine Rules of 
Evidence or the Maine Rules of Professional Conduct or otherwise protected by the 
attorney-client privilege remains confidential when it is in the possession or control of the 
commission or when it is received, obtained, maintained or stored by or on behalf of 
employed counsel.
6. It clarifies that, although information obtained or gathered by the commission 
through a formal or informal complaint or when performing an evaluation or investigation 
of an attorney is generally confidential, if the attorney appeals from a decision finding the 
attorney ineligible to receive case assignments, the information may be disclosed at a public 
hearing conducted by the commission on the appeal unless the information is protected by 
the attorney-client privilege or by any other provision of law, the Maine Rules of Evidence 
or the Maine Rules of Professional Conduct.
7. It establishes immunity from suit under the Maine Tort Claims Act for the 
commission and its employees for claims based on performing or failing to perform any 
indigent legal services.  The immunity provided by the bill mirrors the immunity from suit 
granted under the Maine Tort Claims Act to governmental entities and their employees for 
performing or failing to perform any prosecutorial function involving civil, criminal or 
administrative enforcement.
8. It requires that a Juvenile Court consider any juvenile who requests counsel to be 
indigent for the purposes of appointing counsel; authorizes Maine criminal justice agencies 
to disseminate confidential juvenile history record information to the commission for the 
purposes of assigning, evaluating or supervising counsel; and requires the Juvenile Court, 
on request, to disseminate juvenile case records to the commission for the purposes of 
assigning, evaluating or supervising counsel.
9. It directs the court to appoint new counsel for an indigent parent who appeals from 
an order in a child protection proceeding terminating that parent's parental rights; 
authorizes the executive director of the commission, or the executive director's designee, 
to attend and observe child protection proceedings for purposes related to assigning, 
evaluating or supervising counsel; and requires the court and the Department of Health and 
Human Services to disclose child protective records to the commission for the purposes of 
assigning, evaluating or supervising counsel.
10. It prohibits a professional who otherwise qualifies as a mandated reporter of 
suspected child abuse or neglect from making a report to the Department of Health and 
Human Services if the information that forms the basis of the report would qualify as a 
confidence or secret of a covered client of an attorney under the Maine Rules of 
Professional Conduct, Rule 1.6 and the professional obtained the information while 
working for or at the request of the attorney for the covered client, unless the attorney for 
the covered client would have the authority to disclose the information under the Maine 
Rules of Professional Conduct, Rule 1.6(b)(1) because the disclosure is reasonably believed 
necessary to prevent reasonably certain substantial bodily harm or death.  The bill defines 
a "covered client" to mean a parent who is a party to a child protection proceeding or an 
adult or minor charged with a crime or a juvenile crime.