An Act to Implement
Maine Legislature, Session 132, LD 1796
Committee Amendment CA_A_S418 (Senate)
Amends: 4 MRSA §1802, 4 MRSA §1802-A, 18-C MRSA §5, 18-C MRSA §9, 19-A MRSA §1658, 34-B MRSA §3864

COMMITTEE AMENDMENT " M " to S.P. 698, L,D. 1796> "An Act to Implement
the Recommendations oftlie Maine Commission on Public Defense Services to Clarify the
Types of Cases for Which the Commission Is Responsible for Providing Counsel"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 4 MRSA §1802, sub-§4, as amended by PL 2021, c. 676, Pt. A, §3, is
further amended to read:
4. Indigent legal services. "Indigent legal services" means legal ropresontution
provided to:
A. Aft 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, Aft 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 Titie 18-C, requires that the State provide representation;
C. jwefitte Leeal representation m'ovided to juvenile defendants; att4
D. Afi Legal representation provided to an indigent defendant or party or a juvenile
for the purpose of filing, on behalf of tliat 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 or CT;and
E, Services performed by an attorney at the difectiou of the commission that aid the
commission in fulfllline tlie commission's purpose under section 1801.
"Indigent legal services" 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.
COMMITTEE AMENDMENT
ROS
[" (o S.P. 698, L.D. 1796 f<3'
COMMITTEE AMENDMENT " /4" (o S.P. 698, L.D.1796
I Sec. 2. 4 MRSA §1802-A, as enacted by PL 2023, c. 638, §4, is repealed and the
following enacted in its place;
S1802-A, Emoloyed counsel and public defender; direct assieument Drohibited
1. Duties. An attorney mav be emoloyed by the commission both as employed counsel
and as a public defender.
2. Direct assienment by court prohibited. A court may not difectlv assien or apDoint
a public defender or employed counsel to represent a party entitled to indieent leRal
services.
See. 3. 18-C MR8A §5-119, sub-§l, as amended by PL 2019,c. 417,Pt. A,§14,
is further amended to read:
1. Attorney for respondent. Unless the court has made a finding that the respondent
is indigent and has appointed an attorney for tiie respondent on that basis, an attorney for a
respondent in a proceeding under this Act is entitled to reasonable compensation and
reimbursement of reasonable expenses from the property of the respondent, If the court
hasjnade afindine that tlie respondent is indigent and has appointed an attorney for the
respondent on that basis.the court shali Drovide reasonable compensation to and reimburse
the reasonable expenses of the attorney.
Sec. 4. 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 court shall provide reasonable compensation to
and reimbursethe reasonable expenses of an attorney appointed under this subsection.
See. 5. 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, § 1 4, 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 court
shall provide reasonable compensation to and reimburse the reasonable expenses of an
attorney appointed for the minor 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. Aminor 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. 6. 18-C MRSA §5-210, sub-§l, as amended by PL 2019,c.417, Pt, A,§19,
is further amended to read:
1. Modification of guardianship order. A guardian of a minor, a parent of a minor,
a person interested in the welfare of a minor or the minor, if 14 years of age or older, may
file a motion asking the court to modify the terms of an order appointing a guardian or to
take other action in the best interest of the minor as circumstances require. The motion
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT "A" " to S,P. 698, L.D. 1796 ( 5' /
must be filed with the court and served on all parties entitled to notice. In a contested
action, the court may apDoint counsel for the minor or for any indigent guardian or parent.
If the court apooints counsel for a minor or an indieent euardian or parent under this
subsection, the court shall provide reasonable compensation to and reimburse the
reasonable expenses ofthe attorney. Unless the motion specifies that it is filed with the
consent of all parties entitled to notice, the matter must be set for hearing to determine
whether there has been a substantial change in circumstances necessitating modification of
the order and how the court should modify the order in furtherance of the best interest of
the minor and the parent's rights. The court may identify certain requirements that must be
met before specific provisions of the order are modified. A court may modify a term of a
guardianship order as needed to grant relief to a party to address contempt or other failure
to follow the order.
See. 7. 18-C MRSA §5-210, sub-§7, as amended by PL 2019, c. 417, Pt, A,§20,
is farther amended to read;
7. Parent's petition to terminate guardianship; burden of proof. A parent may
bring a petition to terminate the guardianship of a minor, A parent's notification to the
court of the revocation of prior consent for a guardianship must be considered a petition to
terminate the guardianship. Before the court may apply the termination requirements in
subsection 6, a party opposing a parent's petition to terminate a guardianship bears the
burden of proving by clear and convincing evidence that the parent seeking to terminate
the guardianship is currently unfit to regain custody of the minor, in accordance with the
standard set forth in section 5-204, subsection 2, paragraph C. If the party opposing
termination of the guardianship fails to meet its burden of proof on the question of the
parent's fitness to regain custody, the court shall terminate the guardianship and make any
further order that may be appropriate, In a contested action, the court may appoint counsel
for the minor or for any indigent guardian or parent. If the court appoints counsel for a
minor or an indigent euardian or parent under this subsection, the court shall provide
reasonable compensation to and reimburse the reasonable expenses of the attorney. In
ruling on a petition to terminate a guardianship, the court may modify the terms of the
guardianship or order transitional arrangements pursuant to section 5-21 1.
Sec. 8. 18-C MRSA §5-406, sub-§l, as enacted by PL 2017,c. 402,Ft. A,§2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended by enacting at the end a new first
blocked paragraph to read:
Section 5-119. subsection 1 governs payment of an attorney appointed by the court to
represent a respondent under this subsection.
Sec. 9. 18-C MRSA §5-406, sub-§3, as enacted by PL 2017, c. 402,Pt, A> §2 and
affected by PL 2019, c. 417, Ft. B, §14, is amended by enacting at the end a new first
8 blocked paragraph to read;
If the court appoints counsel for a parent under this subsection and makes a finding that the
parent is indiKent, the court shall provide reasonable compensation to and reimburse the
reasonable expenses of the attorney,
Sec. 10. 18-C MRSA §5-507, sub-§l, as enacted by PL 2017, c. 402, Ft. A, §2
and affected by PL 2019,c. 417, Pt. B, §14, is amended by enacting at the end a new first
blocked paragraph to read;
Page3-132LR2473(02)
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " k-" to S.P. 698, L.D. 1796 { ^-
Section 5-119. subsection 1 governs payment of an attorney appointed by the court to
represent a resoondent under this subsection,
Sec. 11. 18-C MRSA §5-507, sub-§3, as enacted by PL 2017, c, 402, Pt, A, §2
and affected by PL 2019,c, 417, Pt. B,§14, is amended by enacting at the end a new first
blocked paragraph to read;
If the court aDDoints counsel for a parent under this subsection and makes a findina that the
parent is indigent, the court shall provide reasonable compensation to and reimburse the
reasonable expenses of the attorney.
Sec. 12. 18-C MRSA §9-106, sub-§l, as enacted by PL 2017, c. 402, Ft. A, §2
and affected by PL 2019,o.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 provide reasonable compensation to and reimburse the reasonable
expenses oftlie attorney of the indigent party. The attorney may not be the attorney for the
adoptive parents.
See. 13. 18-C MRSA §9-106, sub-§2, as enacted by PL 2017, c. 402, Ft. A, §2
and affected by PL 2019,o.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 eveiy stage of the proceedings unless the
minor indigent parent refuses representation or the court determines that representation is
unnecessary. If the court appoints counsel for a minor indigent parent under this
5 subsection, the court shall provide reasonable comuensation to and reimburse the
reasonable expenses of the attomev.
See. 14. 18-C MRSA §9-315, sub-gl, ^A, as enacted by PL 2017, c. 402, Ft A,
§2 and affected by PL 2019,c. 417, Pt, B, §14, is amended by amending the first blocked
paragraph to read;
The court may allocate the costs of the guardian ad litem to one or more of the parties
and may appoint counsel for a minor adoptee or a party to the annulment proceedings,
If the court appoints counsel for a minor or an indigent party under this paraeraph. the
court shall Djxiylde reasonable compensation to and reimburse the reasonable expenses
of the attorney, A minor adoptee may appear and be represented by counsel,
See. 15. 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
8 terminate parental rights and responsibilities under this section and who is indigent, ift
a-oontested-aotion, the court may also appointcounsel- for any indigent petitioner who
files a petition under this seotion-when tho parent who is the subject of the petition is
represented by counsel;
Sec. 16. 19-A MRSA §1658, sub-§2-A, ^A"l is enacted to read:
Page4-132LR2473(02)
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " A " to S.P, 698, L.D. 1796 ( <-- Lj
A-1. In a contested action, the court may appoint counsel for any indigent petitioner
who files a petition under this section when the parent who is the subject of the petition
isj-epresented by counsel. The court shall provide reasonable compensation to and
reimburse the reasonable expenses of an attorney apDointed under this paraeraoh.
Sec. 17. 34-B MRSA §3864, s«b-§10, as amended by PL 2007,c, 319,§10, is
further amended to read:
10. Expenses. With the exception of expenses incurred by the applicant pursuant to
subsection 5, paragraph F, the District Court is responsible for any expenses incurred under
this section, including fees of appointed ceunsel; witness and notice fees and expenses of
transportation for the person but not fees of appointed counsel.
Sec. 18. Appropriations and allocations. The following appropriations and
allocations are made,
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Provides ongoing funding for courts to appoint attorneys to represent parties in
proceedings under the Maine Uniform Probate Code,
GENERAL FUND 2025-26 2026-27
AllOther $159,826 $159,826
GENERAL FUND TOTAL $159,826 $159,826
JUDICIAL DEPARTMENT
DEPARTMENT TOTALS 2025-26 2026-27
GENERAL FUND $159,826 $159,826
DEPARTMENT TOTAL-ALL FUNDS $159,826 $159,826
PUBLIC DEFENSE SERVICES, MAINE COMMISSION ON
Maine Commission on Public Defense Services Zl 12
Initiative: Provides deappropriations to the Maine Commission on Public Defense Services
for attorney's fees for certain court proceedings where the courts will appoint and
compensate counsel for indigent parties.
GENERAL FUND 2025-26 2026-27
AllOther ($100,000) ($100,000)
GENERAL FUND TOTAL ($100,000) ($100,000)
8 PUBLIC DEFENSE SERVICES, MAINE
COMMISSION ON
DEPARTMENT TOTALS 2025-26 2026-27
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT" /|." to S,P. 698, L,D, 1796 [^' cl ^ ^
GENERAL FUND ($100,000) ($100,000)
DEPARTMENT TOTAL-ALL FUNDS ($100,000) ($100,000)
SECTION TOTALS 2025-26 2026-27
GENERAL FUND $59,826 $59,826
SECTION TOTAL-ALL FUNDS $59,826 $59,826
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill. The
amendment makes the following changes to the laws governing court-appointed counsel.
1. It amends the definition of "indigent legal services" to include services that an
attorney performs at the direction of the Maine Commission on Public Defense Services
that aid the commission in its duty to provide indigent legal services,
2. It provides that the commission is not responsible for compensating counsel
appointed by a District Court or a county probate court to represent a party in a proceeding
under the Maine Uniform Probate Code. It further clarifies that if a court appoints an
attorney to represent a party who has a right to counsel at public expense under the Maine
Uniform Probate Code, the court is responsible for paying reasonable compensation to and
reimbursing the reasonable expenses of the attorney, The court is also responsible for
paying reasonable compensation to and reimbursing the reasonable expenses of an attorney
appointed at tlie court's discretion to represent a minor or an indigent party in a proceeding
under the Maine Uniform Probate Code,
3, It provides that the commission is not responsible for compensating a guardian ad
litem appointed by a District Court or a county probate court in a termination of parental
rights proceeding or in any proceeding under the Maine Uniform Probate Code.
4. It provides that if a termination of parental rights proceeding is brought under the
Maine Revised Statutes, Title 19-A, the court is responsible for compensating any counsel
the court may, in its discretion, appoint to represent the petitioner in the termination
proceeding. By contrast, the commission is responsible for compensating counsel
appointed to represent tlie parent whose rights may be terminated.
5, It clarifies that the commission, not the court, is responsible for compensating an
attorney appointed to represent a person subject to an involuntary commitment proceeding.
6, It prohibits a court from directly assigning public defenders or employed counsel,
who are employees of the commission, to represent parties in particular proceedings,
FISCAL NOTE REQIHRED
(See attached)
COMMITTEE AMENDMENT
Approved; 06/05/25 I'KI-
LD 1796 LR 2473(02)
An Act to Implement the Recommendations of the Maine Commission on Public Defense Services to
Clarify the Types of Cases for Which the Commission Is Responsible for Providing Counsel
Fiscal Note for Bill as Amended by Committee Amendment "/["/' c^, LJ
Committee: 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 $59,826 $59,826 $59,826 $59.826
tppropriations/Allocations
General Fund ' $59,826 $59,826 $59,826 $59.826
Fiscal Detail and Notes
The Judicial Branch will require ongoing General Fund appropriations of $159,826 in fiscal year 2025-26 and
$159,826 in fiscal year 2026-27 to implement the recommendations outlined in the bill. The Judicial Branch will be
responsible for paying reasonable compensation to and reimbursing the reasonable expenses of an attorney if a court
appoints an attorney to represent a party who has a right to counsel at public expense, a minor or an indigent party in a
proceeding under the Maine Uniform Probate Code. The average number of adoption, -guardianship and termination
of parental rights cases where counsel was court-appointed befween 2020 and 2024 was 52.8 cases per year.
The bill includes General Fund deappropriations to the Maine Commission on Public Defense Services of $100,000
beginning in fiscal year 2025-26 for attorney's fees for certain court proceedings where the Judiciary will appoint
counsel for indigent defendants.
LR2473(02) - Fiscal Note - Page 1 of 1