An Act to Make Technical Changes to the Laws Governing the
Maine Legislature, Session 132, LD 1801
Committee: Judiciary
Amends: 4 MRSA §1802, 4 MRSA §1804, 4 MRSA §1806, 22 MRSA §4007

Legislative Document
No. 1801
S.P. 700
In Senate, April 29, 2025
An Act to Make Technical Changes to the Laws Governing the 
Maine Commission on Public Defense Services
Reported by Senator CARNEY of Cumberland for the Joint Standing Committee on 
Judiciary pursuant to the Maine Revised Statutes, Title 4, section 1804, subsection 3, paragraph 
H.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
DAREK M. GRANT
Secretary of the Senate
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1802, sub-§3-A, as enacted by PL 2023, c. 638, §2, is amended 
to read:
3-A.  Employed counsel.  "Employed counsel" means an attorney employed by the 
commission to provide legal services directly to persons who are eligible to receive indigent 
legal services in civil proceedings.
Sec. 2.  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 representation 
provided to:
A.  An 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.  An 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 requires 
that the State provide representation;
C.  Juvenile Legal representation provided to juvenile defendants; and
D.  An 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 or C.; and 
E.  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" does not include the services of a guardian ad litem appointed 
pursuant to Title 22, section 4005, subsection 1.
Sec. 3.  4 MRSA §1802, sub-§5, as enacted by PL 2023, c. 638, §3, is amended to 
read:
5.  Public defender.  "Public defender" means an attorney employed by the 
commission to provide legal services directly to persons who are eligible to receive indigent 
legal services in criminal and juvenile proceedings.
Sec. 4.  4 MRSA §1804, sub-§3, ¶A, as amended by PL 2023, c. 638, §7, is further 
amended to read:
A.  Develop and maintain a system that employs employed counsel and public 
defenders, uses appointed private attorneys and contracts with individual attorneys or 
groups of attorneys to provide high-quality, effective and efficient indigent legal 
services. The commission shall consider other programs necessary to provide high-
quality, effective and efficient indigent legal services;
Sec. 5.  4 MRSA §1806, sub-§2, ¶G is enacted to read:
G.  Materials, including but not limited to handouts, recordings and other documents, 
produced, obtained or otherwise acquired by the commission in connection with 
providing or preparing to provide training and evaluation programs for attorneys who 
are or may seek to become assigned counsel, employed counsel, public defenders or 
contract counsel.  Notwithstanding any provision of law to the contrary, the 
commission may disseminate materials governed by this paragraph to the extent 
necessary to comply with its duties under this chapter without waiving the 
confidentiality of the materials.
Sec. 6.  22 MRSA §4007, sub-§1-A, ¶E, as enacted by PL 2023, c. 638, §26, is 
amended to read:
E.  The court shall, on request, disclose records that are confidential under this 
subsection required to be maintained as confidential under this chapter to the Maine 
Commission on Public Defense Services established by Title 5, section 12004‑G, 
subsection 25‑A for the purpose of assigning, evaluating or supervising counsel.
SUMMARY
This bill is reported out by the Joint Standing Committee on Judiciary to implement 
recommendations of the Maine Commission on Public Defense Services.  The committee 
has not taken a position on the substance of this bill.  By reporting this bill out, the 
committee is not suggesting and does not intend to suggest that it agrees or disagrees with 
any aspect of this bill; instead, the committee is reporting the bill out for the sole purpose 
of having a bill printed that can be referred to the committee for an appropriate public 
hearing and subsequent processing in the normal course.  The committee is taking this 
action to ensure clarity and transparency in the legislative review of the proposals contained 
in the bill.
The bill amends the definition of "indigent legal services" to include services that an 
attorney performs at the direction of the commission and makes technical amendments to 
the definitions of "employed counsel" and "public defender."  It also provides that training 
materials prepared or obtained by the commission in connection with providing or 
preparing to provide training and evaluation programs for attorneys who are or may seek 
to become assigned counsel, employed counsel, public defenders or contract counsel are 
confidential, even if those materials are disseminated, for example at a commission-offered 
training, in the furtherance of the commission's duties.  Finally, the bill provides that a court 
must, on request, disclose otherwise confidential records associated with child protection 
actions to the commission for purposes of assigning, evaluating or supervising counsel.