An Act to Clarify
Maine Legislature, Session 132, LD 2194
Committee Amendment CA_A_S582 (Senate)
Amends: 4 MRSA §1802, 15 MRSA §3506-A, 34-B MRSA §3864

COMMITTEE AMENDMENT "/| " to S.P. 895, L.D. 2194, "An Act to Clarify
Responsibility for Compensation of Court-appointed Attorneys in Certain Proceedings"
Amend the bill by sfriking out all of section 1 and inserting the following:
'See. 1. 4 MRSA §1802, sub-§4, as amended by PL 2025, c. 511,§1, is further
amended to read:
4. Indigent legal services. "Indigent legal services" means:
A. Legal representation provided to an indigent defendant in a criminal case in which
the United States Constitution or the Constitution of Maine or federal or state law
requires that the State provide representation;
B. Legal representation provided to an indigent party in a civil case in which the United
States Constitution or the Constitution of Maine or federal or state law, except any
provision of Title 1 8-C, requires that the State provide representation;
B-l. Leeal representation provided by aa attorney apoointed bv a court:
d) Pursuant to Title 25. section 2244. subsection 2. paragraph B to represent an
indigent party who is a respondent in an extreme risk protection order proceeding;
C2) Pursuant to Title 34-B. section 3862-A, subsection 6. oaraeraoh A to represent
an Indigent Dartv who is a,restncted_EersQn in an extreme risk protection order
proceeding: and
(3) Pursuant to Title 34-B. section 3864. subsection 5. oaraa-aoh D to represent a
person who is thesubiect of an involuntary commitment Droceedine or involuntary
treatment proceedine:
C. Legal representation provided by an attorney appointed by a court to represent a
juvenile defendants defendant or a juvenile who petitions for emancipation pursuant to
Title 15. section 3506-A;
C-LJ-egal services performed for a nonpartv witness if the Gonoartv witness is located
in the State, if the nonpartv witness is determined to be indigent bv a court and if the
COMMITTEE AMENDMENT
COMMITTBB AMENDMENT « ^ " to S.P. 895, L.D. 2194
United States Constitution or the Constitution of Maine requires that the State provide
counsel to the nonpartv witness related to the nonoartv witness's expected testimony in
a criminal proceeding, a juvenile proceedinR, an ematicipatioti proceedinR. a child
protection oroceedine. an involuntary commitment proceedine. an involuntary
treatment proceedinB or an extreme risk protection order oroceedine. For Durposes of
this oaraeraoh. "indigent legal services" includes only those legal services necessary to
preserve the nonoarty witness's orivileee aeainst self-incrinunation afforded under the
United States Constitution and the Constitution of Maine:
D. Legal representation provided to an indigent defendant or party or a juvenile for the
purpose of filing, on behalf of that indigent defendant or party or juvenile, a petition
for certiorari to the Supreme Court of the United States from an adverse decision of the
Law Court on a case for which services were previously provided to that defendant or
party or juvenile pursuant to paragraph A, B. B-l or C; and
B. Services performed by an attorney at the direction of the commission that aid the
commission in fulfilling the commission's purpose under section 1801,
"Indigent legal services" includes the services of an attorney appointed pursuant to Title
22. section 4005, subsection I. paragraph F but does not include the services of a guardian
ad litem appointed pursuant to any provision of Title 18-C or pursuant to Title 19-A, section
1658, subsection 2"A or Title 22, section 4005, subsection 1.
See. 2. 15 MRSA §3506-A, snb-§l, as amended by PL 2019,c. 525, §32, is further
amended to read:
1. Petition for emancipation. If a juvenile is 16 years of age or older and refuses to
live in the home provided by the juvenile's parent or parents, guardian or legal custodian,
the juvenile may request the District Court in the division in which the juvenile's parent or
parents, guardian or legal custodian resides to appoint counsel for the juvenile to petition
for emancipation. If the court appoints counsel for the iuvenile under this subsection. the
juvenile must be considered indigent and the appointment must be at public expense.'
Amend the bill by inserting after section 3 the following:
"See. 4. 34-B MRSA §3864, sub-§5, ^JD, as amended by PL 2007,c. 319, §10, is
further amended to read:
D. Tile person must be afforded an opportunity to be represented by counsel, and, if
neither the person nor others provide counsel, the court shall appoint counsel for the
person. If the court appoints counsel for the person under this paragraph. the person
must be considered indigent and the appointment must be at public expense.
Sec. 5. Appropriations and allocations. The following appropriations and
allocations are made,
PUBLIC DEFENSE SERVICES, MAINE COMMISSION ON
Maine Commission on Public Defense Services Z112
Initiative: Provides funding for compensating assigned counsel and providing training.
GENERAL FUND 2025-26 2026-27
AllOther $0 $995,000
Page2-132LR3015(02)
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT "y^" to S,P. 895, L.D. 2194 C5 'S~^L'
GENERAL FUND TOTAL / $0 $995,000
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read conseoutively.
SUMMARY
This amendment, which is the majority report of the committee, makes the following
changes to the bill,
1, It clarifies that legal services performed for a nonparty witness are considered
indigent legal services if the nonparty witness is determined to be indigent, the United
States Constitution or the Constitution of Maine requires that the State provide counsel to
that nonparty witness regarding the witness's privilege against self-incrimination and the
nonparty witness will appear as a witness in the State in a criminal proceeding; a juvenile
proceeding; an emancipation proceeding; a child protection proceeding; an involuntary
commitment proceeding; an involuntary treatment proceeding; or an exh-eme risk
protection order proceeding. This requirement differs from the bill, which does not
specifically require the nonparty witness to be indigent or limit the types of proceedings in
which the nonparty witness has been called to testify in order to receive indigent legal
services under this provision of law.
2. It clarifies that, if a court appoints an attorney to represent a juvenile in an
emancipation proceeding or a respondent in an involuntary cotnmitment or involuntary
treatment proceeding, the juvenile or respondent must be considered indigent and the
appointment must be at public expense.
3. It adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised; 03/13/26 t-RL
LD 2194 LR 3015(02)
An Act to Clarify Responsibility for Compensation of Court-appointed Attorneys in Certain
Proceedings
Fiscal Note for Bill as Amended by Committee Amendment "/1t / ^/
Committees Judiciary
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $995.000 $995,000 $995,000
Appropnations/Allocations
General Fund $0 $995,000 $995,000 $99. ,0
Fiscal Detail and Notes
The bill includes a General Fund appropriation to the Maine Commission on Public Defense Services of $995,000 in
fiscal year 2026-27 for compensating assigned counsel and providing training,
LR3015(02) - Fiscal Note - Page 1 of 1