An Act to Provide
Maine Legislature, Session 132, LD 0374
Committee Amendment CA_A_S496 (Senate)

COMMITTEE AMENDMENT "/T " to S,P. 166, L.D, 374, "An Act to Provide
Comparable Compensation and Benefits for Deputy and Assistant District Attorneys,
Assistant Attorneys General and Public D efenders"
Amend the bill by striking out the title and substituting the following:
'Resolve, to Establish the Commission to Make Recommendations for Equity in the
Compensation of Prosecutors and Public Defenders in the State'
Amend the bill by striking out everything after the title and inserting the following:'
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, prosecutors and public defenders fill vital roles in the State's criminal
justice system, ensuring not only public safety within our communities but also the
preservation of the fundamental rights of the accused; and
Whereas, in recent years, the State has invested m developing a public defender
system to address the constitutional crisis created by the limited availability of counsel to
represent indigent defendants in criminal proceedings in the State; and
Whereas, it is essential to ensure equity in the compensation and benefits afforded to
assistant district attorneys, assistant attorneys general and assistant public defenders to
address and prevent recruitment and retention difficulties that exacerbate delays in the
criminal justice system; and
Whereas, this legislation establishes a commission tasked with studying the
compensation packages and benefits of prosecutors and public defenders and developing
recommendations to ensure equity in compensation and benefits; and
Whereas, the study must be initiated before the 90-day period expires so that
sufficient time is available for a thorough study of these issues and the preparation of a
report for submission to the next Legislature; and
COMMITTEE AMENDMENT
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COMMm-EE AMENDMENT « fi " to S.P. 166, L.D. 374 CS' H ^^
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the followmg legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore, be it
See. 1. Commission established. Resolved: That the Commission to Make
Recommendations for Equity in the Compensation of Prosecutors and Public Defenders in
the State, referred to in this resolve as "the commission," is established.
See. 2. Commission membersliip. Resolved: That, notwithstanding Joint Rule
353, the commission consists of 11 members appointed or designated as follows:
1. Two members of the Senate appointed by the President of the Senate, including one
member of the party holding the largestnumber of seats in the Legislature and one member
of the party holding the 2nd largest number of seats in the Legislature;
2. Two members of the House of Representatives appointed by the Speaker of the
House of Representatives, including one member of the party holding the largest number
of seats in the Legislature and one member of the party holding the 2nd largest number of
seats in. the Legislature;
3. One member who is a representative of the Maine Prosecutors' Association,
appointed by the President of the Senate;
4, One member who is employed by a law school in the State and who has experience
in career placement for law students, appointed by the President of the Senate;
5, One member who is a licensed attorney whose legal practice includes work as
assigned counsel for the Maine Commission on Public Defense Services, appointed by the
Speaker of the House of Representatives;
6. Two members from the Office of the Attorney General, at least one of whom has
expertise in the compensation and benefits provided to assistant attorneys general and
deputy attorneys general, designated by the Attorney General; and
7. Two members who are employees of or who provide services to the Maine
Commission on Public Defense Services, at least one of whom has expertise in the
compensation and benefits provided to assistant district attorneys, deputy district attorneys
and district public defenders, designated by the executive director of the Maine
Commission on Public Defense Services.
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair
and the first-named House of Representatives member is the House chair of the
commission. The Speaker of the House and the President of the Senate shall confer to
ensure that one chair is a member of the party holding the largest number of seats in the
6 Legislature and the other chair is a member of the party holding the 2nd largest number of
seats in the Legislature.
See. 4. Appointments; convening of commission. Resolved: That all
appointments must be made no later than 30 days following the effective date of this
resolve. The appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been completed. After appointment of all members,
the chairs shall call and convene the first meeting of the commission. If 30 days or more
after the effective date of this resolve a majority of but not all appointments have been
Page2-132LR0367(02)
COMMITTEE AMENDMENT
Wff.y ^ COMMm-EE AMENDMENT "fi " to S,P, 166, L.D. 374 [^f^/^^
made, the chairs may request authority and the Legislative Council may grant authority for
the commission to meet and conduct its business.
See. 5. Duties. Resolved; That the commission shall gather and examine
information regarding the compensation packages and benefits available to both new and
experienced attorneys who serve as prosecutors in the Office of the Attorney General,
prosecutors in district attorneys' offices across the State and public defenders employed by
the Maine Commission on Public Defense Services. The commission shall further examine
other benefits available to prosecutors and public defenders that may assist with
recruitment and retention of qualified individuals for these positions, including eligibility
for loan forgiveness, collective bargaining and other employment benefits,
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide
necessary staffing services to the commission, except that Legislative Council staff support
is not authorized when the Legislahire is in regular or special session.
See. 7. Report. Resolved: That, no later than November 4,2026, the commission
shall submit a report to the Joint Standing Committee on Judiciary that includes the
commission's findings and recommendations, including any suggested legislation, for
ensuring equity in the compensation and benefits of prosecutors and public defenders in
the State, The joint standing committee of the Legislature having jurisdiction over judiciary
matters is authorized to report out legislation related to the report to the 133rd Legislature
in 2027.
Emergency clause. In view of the emergency cited in tlie preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill with a resolve. The amendment establishes the
Commission to Make Recommendations for Equity in the Compensation of Prosecutors
and Public Defenders in the State. The amendment directs the commission to examine the
compensation and benefits packages available to prosecutors within the Office of the
Attorney General and district attorneys' offices across the State and to public defenders
employed by the Maine Commission on Public Defense Services. It directs the commission
to submit a report by November 4,2026 to the Joint Standing Committee on Judiciary that
includes the commission's findings and recommendations, including any suggested
legislation, for ensuring equity in the compensation and benefits of prosecutors and public
defenders in the State. The joint standing committee of the Legislature having jurisdiction
over judiciary matters is authorized to report out legislation related to the report to the 133rd
Legislature in 2027.
The amendment also adds an emergency preamble and emergency clause.
FISCAL NOTE REQUIRED
(See attached)
Page3-132LR0367(02)
COMMITTEE AMENDMENT
Approved: 01/23/26 t-Kt-
LD 374 LR 367(02)
An Act to Provide Comparable Compensation and Benefits for Deputy and Assistant District
Attorneys, Assistant Attorneys General and Public Defenders
Fiscal Note for Bill as Amended by Committee Amendment "^'i
Committee: Judiciary
Fiscal Note Required; Yes
Fiscal Note
Legislative Cost/Study
Legislative Cost/Study
The general operating expenses of this study are proj ected to be $ 1,400 in fiscal year 2025-26 and $1,650 in fiscal
year 2026-27. The Legislature's budget for the 2026-2027 biennium includes $7,253 in fiscal year 2025-26 and
$17,696 in fiscal year 2026-27 for the costs of legislative studies, as well as $41,338 of balances carried over fr<
prior fiscal years for this purpose. Whether these amounts are sufficient to fund all studies will depend on the numoer
of studies authorized by the Legislative Council and the Legislature. The additional costs of providing staffing
assistance to the study during the interim can be absorbed utilizing existing budgeted staff resources.
Fiscal Detail and Notes
Any additional costs to the Office of the Attorney General and the Commission on Public Defense to implement the
provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources.
LR0367(02) - Fiscal Note - Page 1 of 1