An Act to Address the Limited Availability of Counsel in Courts to Represent
Maine Legislature, Session 132, LD 1101
Committee Amendment CA_A_HA_A_H47 (House)
Amends: 4 MRSA §1802-A, 4 MRSA §1804, 30-A MRSA §272

HOUSE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 462, 
L.D. 1101, "An Act to Address the Limited Availability of Counsel in Courts to Represent 
Indigent Patties in Matters Affecting Their Fundamental Rights" 
Amend the amendment by insetiing after the fast instructional paragrnph the 
following: 
'Amend the bill by insetting after the enacting clause the following: 
'Sec, 1. 4 MRSA §1802-A, as enacted by PL 2023, c. 638, §4, is amended to read: 
§1802-A. Employed counsel and public defender 
An attorney may be employed by the.commission both as "employed counsel" and as 
a "public defender. 
An employed counsel or a public defender serves at the pleasure of 
the executive director or until a successor is duly appointed and qualified. 
The 
compensation of an employed counsel or a public defender must be fixed by the executive 
director with the approval of the Govemor. except that such compensation may not in the 
aggt·egate exceed the amount appropriated fo1· those positions and may not result in an 
increased request by the executive director for additional appropriations to the Legislature. 
Sec, 2, 4 MRSA §1804, sub-§2, as amended by PL 2023, c. 638, §6, is further 
amended to read: 
2. Rulemalciug. The commission shall adopt rules governing the delivery of efficient. 
high"quality indigent legal se1vices by assigned counsel, contract counsel, employed 
counsel and public defenders. The rules adopted by the commission must include: 
A. Standards goveming eligibility for indigent legal se1vices, The eligibility standards 
must take into account the possibility of a defendant's or civil patty's ability to make 
periodic installment payments toward counsel fees and the cost of private legal services 
in the relevant geogrnphic area; 
B. 
Standal'ds prescribing minimum experience, training and other eligibility 
requh'ements for attorneys to be eligible to se1ve as assigned counsel, contrnct counsel, 
employed counsel and public defenders. The qualification standards must recognize 
and be consistent with expedence and practice in this State to ensure competent, ethical 
representation. while inviting recently admitted attorneys and expel'ienced attomeys to 
Page I " 132LR1299(04) 
HOUSE AMENDMENT 
HOUSE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to S.P. 462, L.D. 1101 
join 
01· rejoin the commission's purpose to provide efficient, high-quality 
representation; 
C. Standards for assigned counsel, contract counsel, employed counsel and public 
defender caseloads. The caseload standards must be based on data specific to this State . 
fot· average hours spent per case in identified case categories and p1·actice experience 
in this State for relative numbers of cases resolved by early dismissal, dive1·sion 01· 
disposition; resolved in the course of proceedings without a contested evidentiaty 
hearing: or resolved only afte1· a contested evidentia1y hearing or trial: 
D. Standards fol' the evaluation of assigned counsel, contrnct counsel, employed 
counsel and public defende1·s. The commission shall review the standards developed 
pursuant to this paragraph at least every 5 years, or earlier upon the recommendation 
of the executive director; 
I 
E, Standards for independent, high-quality, effective and efficient representation of 
clients whose cases present conflicts of interest; 
F. Standal'ds for the reimbursement of expenses incul'!'ed by assigned counsel, contract 
counsel, employed counsel and public defenders, including attendance at training 
events provided by the commission; and 
G, Other standards considered necessary and appropriate to ensure the delivery of 
high-quality, effective and efficient indigent legal services.'' 
Amend the amendment by inserting after section 3 the following: 
'Sec. 4. 30-A MRSA §272, sub-§3, as amended by PL 1989, c. 6, c. 9, §2 and c. 
104, Pt. C, §§8 and 10 and repealed and replaced by c. 501, Pt. 0, §20, is further amended 
to read: 
3. Compensation, The compensation of deputy and assistant district attomeys shall 
must be fixed by the district attorney, subject to the appl'Oval of the Attorney General and 
the Govemor. For purposes of compensation and benefits, deputy and assistant district 
attomeys shall must be treated comparably to assistant attorneys general, employed counsel 
and public defenders. For purposes of this subsection. "public defender" has the same 
meaning as in Title 4. section 1802, subsection 5. For pm:poses of this subsection. 
11employed counsel" has the same meaning as in Title 4. section 1802. subsection 3-A.' 
Amend the amendment in section 4 in subsection 1 in the last line (page 2, line 41 in 
amendment) by inse1iing after the following: "granted;" the following: 'and' 
Amend the amendment in section 4 by striking out all of subsection 2. 
Amend the amendment in section 4 by renumbering the subsections to read 
consecutively. 
Amend the amendment by stl'iking out all of section 6. 
7 
Amend the amendment by re lettering or renumbering any nonconsecutive Pati letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to Committee Amendment "A". 
HOUSE AMENDMENT 
HOUSE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S,P, 462, L.D. 1101 
1. It provides that employed counsel 01· public defenders in the Maine Commission on 
Public Defense Se1vices serve at the pleasure of the executive director of the commission 
and that their compensation must be fixed by the executive director with the approval of 
the Governor, except that such compensation may not in the aggregate exceed the amount 
appl'Opriated for those positions and may not result in an increased request by the executive 
director fo1· additional appropriations to the Legislature. 
2. It adds requirements that the rules adopted by the commission governing 
qualification standa1·ds for attomeys must meet. 
3. It adds requirements that the mles adopted by the commission governing caseload 
standards must meet. 
4. It provides that, for purposes of compensation and benefits, deputy and assistant 
distl'ict attorneys must be treated comparably to employed counsel of the commission and 
public defenders. 
TO 
FISCALNOTt: AEQUJREP 
(8wlttltW) 
HOUSE AMENDMENT 
Approved: 04/09/25 LRt-
LD 1101 
LR 1299(04) 
An Act to Address the Limited Availability of Counsel in Courts to Represent Indigent Pa1·ties in 
Matters Affecting Their Fundamental Rights 
Fiscal Note for House Amendment•~• to Committee Amendment "A" 1-\ ~ L\l 
Sponsor: Rep. Fredette of Newport 
Net Cost (Savings) 
General Fund 
•·· •··· 
-·Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes. 
Fiscal Note 
FY 2024-25 
FY 2025-26 
FY 2026-27 
Projections 
FY2027-28 
Projections 
FY 2028-29 
($269,022) 
($1,618,794) 
($1_,631,975) 
($1,675,762) 
($1,721,126) 
($269,022) 
($1,618,794) 
($1,631,975) 
($1,675,762) 
($1,721,126) 
The amendment removes the General Fund appropriations of $269,022 in fiscal year 2024-25, $1,618,794 in fiscal 
year 2025-26 and $1,631,975 in fiscal year 2026-27 from the bill. As amended, there are no appropriations in the bill. 
LR1299(04) - Fiscal Note - Page 1 of 1