An Act to Address the Limited Availability of Counsel in Courts to
Maine Legislature, Session 132, LD 1101
Sponsors: CARNEY, KUHN
Amends: 4 MRSA §1805-A, 4 MRSA §1807

Legislative Document
No. 1101
S.P. 462
In Senate, March 18, 2025
An Act to Address the Limited Availability of Counsel in Courts to 
Represent Indigent Parties in Matters Affecting Their Fundamental 
Rights
(EMERGENCY)
Received by the Secretary of the Senate on March 14, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Cosponsored by Representative KUHN of Falmouth.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is designed to address an existing crisis in the courts arising 
from the limited availability of counsel qualified by the Maine Commission on Public 
Defense Services to represent indigent parties in matters affecting their fundamental rights; 
and
Whereas, when a court appoints counsel to represent an indigent party, compensation 
must be made available to counsel, whether the commission or the court determined that 
counsel is qualified to provide the representation; and
Whereas, a Maine Superior Court order issued in Robbins v. Billings, et al., No. CV-
22-054 (Me. Super. Ct., Ken. Cty., March 7, 2025) (Order After Phase One Trial) 
establishes a conditional remedy to address claims for habeas corpus relief for violations 
of the United States Constitution, Amendment VI and the Constitution of Maine, Article I, 
Section 6 right to continuous representation; and
Whereas, the resources necessary to implement the conditional remedy are currently 
under consideration by the Legislature and requested by the Maine Commission on Public 
Defense Services; and
Whereas, the conditional remedy poses a concern about the public's interest in the 
administration of criminal justice and the potential to jeopardize public safety if a criminal 
defendant commits a dangerous act after dismissal and release granted in response to a 
claim for habeas corpus relief; and
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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1805-A, sub-§1, as enacted by PL 2017, c. 284, Pt. UUUU, §14, 
is amended to read:
1.  Duties.  The executive director shall administer and improve reimbursement of 
expenses incurred by assigned counsel and, contract counsel and, until July 1, 2027, a 
private attorney appointed under section 1807 by:
A.  Establishing procedures to ensure that the eligibility of defendants and civil parties 
is verified and reviewed randomly and when circumstances have changed, information 
has changed, additional information is provided or as otherwise needed;
B.  Petitioning the court to reassess the indigency of a defendant or civil party if the 
executive director determines that indigency should be reassessed;
C.  Providing to the commission recommendations to improve reimbursement of 
expenses;
D.  Requiring that the amount of time spent on each case by assigned counsel or 
contract counsel is recorded separately for each case; and
E.  Receiving from the courts collections for the costs of representation from 
defendants or civil parties who are found to be partially indigent or who have otherwise 
been determined to be able to reimburse the commission for expenses incurred by 
assigned counsel or, contract counsel or, until July 1, 2027, a private attorney appointed 
under section 1807.
Sec. 2.  4 MRSA §1805-A, sub-§3, as enacted by PL 2017, c. 284, Pt. UUUU, §14, 
is amended to read:
3.  Partial indigency and reimbursement.  This subsection applies to partial 
indigency and reimbursement of expenses incurred by assigned counsel or, contract 
counsel or, until July 1, 2027, a private attorney appointed under section 1807.
A.  If the court determines that a defendant or civil party is unable to pay to obtain 
private counsel but is able to contribute to payment of assigned counsel or, contract 
counsel or, until July 1, 2027, a private attorney appointed under section 1807, the court 
shall order the defendant or civil party to make installment payments up to the full cost 
of representation or to pay a fixed contribution.  The court shall remit payments 
received to the commission.
B.  A defendant or civil party may not be required to pay for legal services in an amount 
greater than the expenses actually incurred.
C.  Upon petition of a defendant or civil party who is incarcerated, the court may 
suspend an order for reimbursement issued pursuant to this subsection until the time of 
the defendant’s or civil party’s release.
D.  The executive director may enter into contracts to secure the reimbursement of fees 
and expenses paid by the commission as provided for in this section.
Sec. 3.  4 MRSA §1807 is enacted to read:
§1807.  Court appointment of private attorney
1.  Private attorney court appointment.  Notwithstanding any provision of this 
chapter to the contrary, a court may appoint a private attorney to represent a person who is 
eligible to receive indigent legal services in a matter pending before the District Court, 
Superior Court or Supreme Judicial Court if the court finds the following:
A.  A public defender, assigned counsel, contract counsel or employed counsel is not 
available to represent the person;
B.  The private attorney is qualified to represent the person in the matter pending before 
the court and has not been disqualified by the commission; and
C.  The private attorney is willing to undertake the representation, which may be 
limited representation defined by the court in its appointment order.
2.  Compensation.  The commission shall provide compensation and reimbursement 
to a private attorney appointed by the court under subsection 1.  The compensation and 
reimbursement must be equivalent to the reimbursement provided to assigned counsel 
under the rulemaking directed by section 1804, subsection 3, paragraph F.
3.  Court's inherent authority.  This chapter does not affect the inherent authority of 
the court to appoint counsel.
4.  Repeal.  This section is repealed July 1, 2027.
Sec. 4.  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 ongoing funding to establish one Office Associate II position and 
related costs to coordinate and facilitate the assignment of counsel to indigent clients across 
the State who are currently on the list of unrepresented criminal defendants and parents in 
child custody cases, especially defendants who are currently incarcerated.
GENERAL FUND
2024-25
2025-26
2026-27
POSITIONS - LEGISLATIVE 
COUNT
1.000
1.000
1.000
Personal Services
$14,754
$88,525
$95,533
All Other
$1,723
$10,343
$10,343
__________
__________
__________
GENERAL FUND TOTAL
$16,477
$98,868
$105,876
Maine Commission on Public Defense Services Z112
Initiative: Provides ongoing funding to establish 5 Public Service Manager III positions, 2 
Paralegal positions and one Office Specialist Supervisor II position responsible for 
representing defendants whose motion for counsel has been granted or appointment was 
ordered by a court, but no counsel has been appointed; cases in which a defendant has 
requested counsel, but a court has not yet ruled on the motion; and cases in which a 
defendant previously had counsel, but that counsel withdrew and no new attorney has been 
assigned.
GENERAL FUND
2024-25
2025-26
2026-27
POSITIONS - LEGISLATIVE 
COUNT
8.000
8.000
8.000
Personal Services
$169,883
$1,019,300
$1,031,170
All Other
$6,000
$40,660
$40,660
__________
__________
__________
GENERAL FUND TOTAL
$175,883
$1,059,960
$1,071,830
Maine Commission on Public Defense Services Z112
Initiative: Provides ongoing funding to compensate assigned counsel that the Legislature 
authorized the courts to appoint at the current billing rate for assigned legal counsel of $150 
per hour.
GENERAL FUND
2024-25
2025-26
2026-27
All Other
$62,500
$375,000
$375,000
__________
__________
__________
GENERAL FUND TOTAL
$62,500
$375,000
$375,000
PUBLIC DEFENSE SERVICES, 
MAINE COMMISSION ON
DEPARTMENT TOTALS
2024-25
2025-26
2026-27
GENERAL FUND
$254,860
$1,533,828
$1,552,706
__________
__________
__________
DEPARTMENT TOTAL - ALL 
FUNDS
$254,860
$1,533,828
$1,552,706
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill provides for a private attorney to be compensated by the Maine Commission 
on Public Defense Services when a court appoints that attorney to represent a person who 
is eligible to receive indigent legal services in a pending matter if the court finds that no 
public defender, assigned counsel, contract counsel or employed counsel is available to 
represent the person; the private attorney is qualified to represent the person in the matter 
pending before the court; and the private attorney is willing to undertake the representation, 
which may be limited representation defined by the court in its appointment order. The bill 
does not affect the inherent authority of the courts to appoint counsel. The provisions of 
the bill apply until July 1, 2027.
The bill establishes a new position in the commission specifically responsible for 
coordinating and facilitating the assignment of counsel to indigent clients across the State 
who are currently on the list of unrepresented criminal defendants and parents in child 
custody cases, especially defendants who are currently incarcerated.
The bill establishes 5 new Public Service Manager III positions, also known as 
Assistant District Defender positions, in the commission specifically responsible for 
representing defendants whose motion for counsel has been granted or appointment was 
ordered by a court, but no counsel has been appointed; cases in which a defendant has 
requested counsel, but a court has not yet ruled on the motion; and cases in which a 
defendant previously had counsel, but that counsel withdrew and no new attorney has been 
assigned.  It also funds 2 Paralegal positions and one Office Specialist Supervisor II 
position, also known as an Office Manager position.
The bill provides ongoing funding to compensate assigned counsel that the Legislature 
authorized the courts to appoint.