An Act Regarding the Appointment and Payment of Counsel for
Maine Legislature, Session 132, LD 1175
Committee: Judiciary
Sponsors: KUHN
Amends: 4 MRSA §1802, 18-C MRSA §5, 18-C MRSA §9, 19-A MRSA §1658, 22 MRSA §4005

Legislative Document
No. 1175
H.P. 780
House of Representatives, March 20, 2025
An Act Regarding the Appointment and Payment of Counsel for 
Indigent Parents and Minors
Submitted by the Judicial Department pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative KUHN of Falmouth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1802, sub-§4, ¶B-1 is enacted to read:
B-1.  An indigent party or minor child in a civil case in which federal or state law gives 
the court discretion to provide representation for that indigent party or minor child;
Sec. 2.  18-C MRSA §5-205, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
4.  Appointment of counsel.  A nonconsenting parent whose parental rights have not 
been terminated is entitled to court-appointed legal counsel if indigent.  In a contested 
action, the court may also appoint counsel for any indigent guardian or petitioner when a 
parent or legal custodian has counsel. The Maine Commission on Public Defense Services 
under Title 4, section 1801 shall pay for the reasonable costs and expenses of an attorney 
appointed under this subsection.
Sec. 3.  18-C MRSA §5-205, sub-§5, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
5.  Attorney for a minor; notice to minor.  If the court determines at any stage of the 
proceeding, before or after appointment, that the interests of the minor are or may be 
inadequately represented, the court may appoint an attorney to represent the minor, giving 
consideration to the choice of the minor if the minor has attained 14 years of age.  The 
Maine Commission on Public Defense Services under Title 4, section 1801 shall pay for 
the reasonable costs and expenses of an attorney appointed under this subsection.  A minor 
may appear with or through counsel, but the court is not restricted from requiring the minor 
to be present for some or all of a hearing or other proceeding.  A minor 14 years of age or 
older must receive notice of any proceeding subsequent to the appointment of a guardian 
through the same means as required for any other party, and the minor may consent, object 
or otherwise participate in the proceeding.
Sec. 4.  18-C MRSA §9-106, sub-§1, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
1.  Attorney for parents.  The parents are entitled to an attorney for any hearing held 
pursuant to this Article.  If a parent or putative parent wants an attorney but is unable to 
afford one, the parent or the putative parent may request the court to appoint an attorney.  
If the court finds the requesting party indigent, the court shall appoint and pay the 
reasonable costs and expenses of the an attorney of for the indigent party.  The attorney 
may not be the attorney for the adoptive parents. The Maine Commission on Public Defense 
Services under Title 4, section 1801 shall pay for the reasonable costs and expenses of an 
attorney appointed under this subsection.
Sec. 5.  18-C MRSA §9-106, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
2.  Attorney for minor indigent parent.  When the adoptee is unrelated to the 
petitioner, the court shall appoint an attorney who is not the attorney for the adoptive 
parents to represent a minor indigent parent at every stage of the proceedings unless the 
minor indigent parent refuses representation or the court determines that representation is 
unnecessary. The Maine Commission on Public Defense Services under Title 4, section 
1801 shall pay for the reasonable costs and expenses of an attorney appointed under this 
subsection.
Sec. 6.  19-A MRSA §1658, sub-§2-A, ¶A, as enacted by PL 2021, c. 340, §2, is 
amended to read:
A.  The court shall appoint an attorney for a parent who is the subject of a petition to 
terminate parental rights and responsibilities under this section and who is indigent.  In 
a contested action, the court may also appoint counsel for any indigent petitioner who 
files a petition under this section when the parent who is the subject of the petition is 
represented by counsel. The Maine Commission on Public Defense Services under 
Title 4, section 1801 shall pay for the reasonable costs and expenses of an attorney 
appointed under this section.
Sec. 7.  22 MRSA §4005, sub-§1, ¶F, as amended by PL 1995, c. 405, §20, is 
further amended to read:
F.  The guardian ad litem or the child may request the court to appoint legal counsel 
for the child.  The District Court Maine Commission on Public Defense Services under 
Title 4, section 1801 shall pay reasonable costs and expenses of the child's legal 
counsel.
SUMMARY
This bill clarifies that the payment of counsel in matters involving indigent parents and 
minors must be made by the Maine Commission on Public Defense Services.