An Act to Address the
Maine Legislature, Session 132, LD 1101
Committee Amendment CA_A_S11 (Senate)
Amends: 4 MRSA §1807

COMMITTEE AMENDMENT" A "to S.P. 462, L.D. 1101, "An Act to Address the 
Limited Availability of Counsel in Courts to Represent Indigent Parties in Matters 
Affecting Their Fundamental Rights" 
Amend the bill in the emergency preamble in the 2nd indented paragraph in the 3rd 
line (page 1, line S in L.D.) by stl'iking out the following: "matters" and inserting the 
following: 'criminal and child protection proceedings' 
Amend the bill in section 1 in subsection 1 in the 2nd line (page 1, line 30 in L.D.) by 
striking out the following: "July· 1. 2027
and inserting the following: 'February 1, 2026' 
Amend the bill in section 1 in subsection 1 in paragraph E in the 4th line (page 2, line 
in L.D.) by striking out the following: "July 1. 2027" and inserting the following: 
'February 1. 2026' 
Amend the bill in section 2 in subsection 3 in the 3rd line (page 2, line 10 in L.D.) by 
striking out the following: "July 1. 2027" and insetting the following: 'Februaay 1. 2026' 
Amend the bill in section 2 in subsection 3 in paragraph A in the 3rd line (page 2, line 
in L.D.) by striking out the following: "July 1. 2027
and inserting the following: 
'Februa1y 1. 2026' 
Amend the bill by striking out all of sections 3 and 4 and inserting the following: 
'Sec, 3, 4 MRSA §1807 is enacted to read: 
§1807, Court appointment of private attol'lley 
1. Appointment of pl'ivate attomeys by District Com·t and Supel'ior Court. 
Notwithstanding any provision of this chapter to the contl'a1y1 a court may appoint a p1·ivate 
attorney to 1·epresent a person who is eligible to receive indigent legal services in a matter 
pending before the District Comt or Superior Cou1t if the court finds the following: 
A. A public defender. assigned counsel. contract counsel or employed counsel is not 
available to represent the person; 
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COMMITTEE AMENDMENT" A" to S.P. 462, L.D. 1101 (~ 10 
B. The private attomey is gualified to rep1·esent the person in the matter pending before 
the court, has not been disqualified by the commission and has at least 3 years of legal 
experience relevant to the pending matter: 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. Private attorney appointment; Supreme Judicial Court, Notwithstanding any 
provision of this chapter to the contrary. a comt may appoint a pl'ivate attorney to represent 
a person who is eligible to receive indigent legal services in a matter befo1•e the Supreme 
Judicial Comt if the comt finds the following: 
A. A public defender, assigned counsel. contract counsel or emnloyed counsel is not 
available to rept·esent the person: 
B. The private attomey is gualified to represent the person in the matter pending before 
the cout1. has not been disqualified by the commission and either has at least 3 years 
of legal experience t·elevant to the pending matter or has previously served as a law 
clerk analyzing cases relevant to the pending matter: and 
C, The private attorney is willing to undertake the representation, which may be 
limited representation defined by the court in its appointment order. 
3, Compensation, The commission shall provide compensation and l'eimbursement 
to a private attorney appointed by the court under subsection 1 or 2. The compensation and 
1·eimbursement must be equivalent to the reimbursement provided to assigned counsel 
under the rulemaking directed by section 1804, subsection 3, paragraph F. The pl'ocess for 
compensation of private attorneys appointed pursuant to subsection 1 or 2 must be in 
accordance with the requirements established by the commission under section 1804. 
subsection 3, parngraph B for vouche1· review and payment authorization. 
4. Supervision. The commission's supervision of a private attomey appointed pu1·suant 
to subsection 1 or 2 is limited to addressing complaints made by the client whom the private 
attorney was appointed to represent under subsection 1 or 2. 
5, Confidentiality. The provisions of section 1806, subsections 2 and 3 apply, to the 
same extent that those provisions apply to commission•1·ostered attomeys who se1ve as 
assigned counsel, to private attorneys appointed by the comt to provide indigent legal 
services pursuant to subsections 1 and 2. 
6. Repeal. This section is repealed Februa1y 1, 2026. 
Sec. 4. Report; Maine Commission on Public Defense Services. By Janua1y 
1, 2026, the Maine Commission on Public Defense Services shall submit a report to the 
Joint Standing Committee on Judiciaty that includes, at a minimum, the following 
information: 
1. An update on the status of the Robbins v. Billings, et al., No. CV~22•054 (Me. 
Superior Court) litigation, including information on the number of defendants granted 
habeas corpus relief by the comt, the type of habeas corpus relief g1·anted to these 
defendants and the efforts the commission made to provide counsel to those defendants 
before habeas corpus relief was granted; 
2. Statistics on the number of clients for whom the new Assistant Defender I positions 
established by this Act have pl'ovided indigent legal services, with detail on the number of 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A " to S.P. 462, L.D. 110 I (Sr~ 
clients who were criminal defendants, including the number who were incarcerated and 
who were not incarcerated when the representation began; the number of clients who were 
parents in child protection proceedings; and the number of clients who were entitled to 
other indigent legal services and the type of cases in which representation was provided to 
these clients. The rep01t must also include a description of the commission's plans for 
using the services of these Assistant Defender I positions in the future; and 
3. Information on implementation of the commission's duty to compensate private 
attomeys appointed by a couit pursuant to the Maine Revised Statutes, Title 4, section 
1807, subsections 1 and 2, including detail on the amount of compensation paid to these 
private attorneys; information on the number of commission-rostered attomeys who have 
left the roster and are cmrently accepting appointments under Title 4, section 1807; 
information on the number of pl'ivate attorneys appointed by a court pursuant to Title 4, 
section 1807 who subsequently applied to be on a commission roster; and any related 
recommendations for improving 01· repealing Title 4, section 1807. 
The Joint Standing Committee on Judiciary may report out legislation related to the 
repo1t to the Second Regular Session of the 132nd Legislature. 
Sec. 5. 
Report; Judicial Department, 
By Januaty 1, 2026, the Judicial 
Department shall submit a report to the Joint Standing Committee on Judiciary that 
includes, at a minimum. the following information: 
1. Statistics on the numbet· of cases in which courts have appointed private attorneys 
to provide indigent legal services pursuant to the Maine Revised Statutes, Title 4, section 
1807, subsections 1 and 2, with detail on the numbet· of cases involving criminal 
defendants, including the number of those defendants who were inca1·cerated and the 
number who were not incarcerated when the appointments were made; the number of child 
protection proceedings in which private attorneys were appointed; and the number of cases 
involving other indigent legal services in which appointments were made; and 
2. Information on implementation of the commission's duty to compensate private 
attomeys appointed by a court pursuant to the Maine Revised Statutes, Title 4, section 
1807, subsections 1 and 2, including any recommendations for improving 01· repealing Title 
4. section 1807. 
The Joint Standing Committee 011 Judiciary may report out legislation related to the 
repol't to the Second Regular Session of the 132nd Legislature. 
Sec, 6, Appropriations and allocations, The following appropriations and 
allocations are made. 
PUBLIC DEFENSE SERVICES, MAINE COMMISSION ON 
Maine Commission 011 Public Defense Set'Vices Z112 
Initiative: Provides ongoing funding to establish 5 Assistant Defender I positions, 2 
Paralegal positions and one Legal Administrator position. These positions are primarily 
responsible for providing indigent legal services to criminal defendants and patties in child 
protective proceedings for whom another public defender, assigned counsel, contract 
counsel or employed counsel is not available to represent the defendant 01· party and, to the 
extent there is additional capacity, these positions may also represent other individuals who 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 462, L.D. 1101 ( s✓ ~ 
are eligible for indigent legal services but for whom another public defender, assigned 
counsel, contract counsel 01· employed counsel is not available to represent the person. 
GENERAL FUND 
2024-25 
2025-26 
2026-27 
POSITIONS -LEGISLATIVE 
8.000 
8.000 
8.000 
COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
$200,522 
$6,000 
$206,522 
Maine Commission 011 Public Defense Services Z112 
$1,203,134 
$40,660 
$1,243,794 
$1,216,315 
$40,660 
$1,256,975 
Initiative: Provides ongoing funding to compensate assigned counsel that the Legislature 
authorized the comts to appoint at the current billing rate for assigned legal counsel of $150 
per hour. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
PUBLIC DEFENSE SERVICES, 
MAINE COMMISSION ON 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL 
FUNDS 
2024-25 
$62,500 
$62,500 
2024-25 
$269,022 
$269,022 
$1,618,794 
$1,618,794 
2026-27 
$375,000 
$375,000 
2026-27 
$1,631,975 
$1,631,975 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
numbe1· to read consecutively. 
SUMMARY 
This amendment amends the provisions of the bill requiring the Maine Commission on 
Public Defense Services to compensate a private attomey appointed by the court to 
represent a person who is eligible to receive indigent legal services if the court finds that 
no public defender, assigned counsel, contract counsel or employed counsel is available to 
represent the person. The amendment: 
1. Changes from July 1, 2027 to Februal'y 1, 2026 the date that this requirement 
expfres; 
2. Requires that a private attorney appointed by a trial court have. at least 3 years of 
relevant legal experience and that a private attorney appointed by the Supreme Judicial 
Comt either have 3 years of relevant legal experience or have previously served as a law 
clerk analyzing cases relevant to the pending matter; 
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COMMITTEE AMENDMENT "/>,i" to S.P. 462, L.D. l 101 ( 7'~ 
3. Requires that the private attorney use the voucher review and payment authorization 
systems established by the commission and be subject to limited supervision by the 
commission; 
4. Prnvides that personal contact information of a private attorney appointed by a court 
is confidential to the same extent as personal contact information of a commission-rostered 
attorney and authorizes the judicial branch to share otherwise confidential information 
rega1·ding cases in which private attorneys have been appointed by the comt to the same 
extent that the judicial branch may share the same type of information regarding cases in 
which assigned counsel are providing indigent legal services; and 
5. Eliminates any reference to any inherent autho1·ity of the court to appoint counsel. 
The amendment also removes the appropriation in the bill that establishes an Office 
Associate II position to coordinate and facilitate the assignment of counsel to indigent 
clients acrnss the State who are currently on the list of unrepresented criminal defendants 
and pa1·ents, especially defendants who are incarcerated, Instead, the amendment provides 
that the new Assistant Defender I positions established by this legislation will be supported 
by a Legal Administrator, rather than an Office Specialist Supervis01· II, who can prnvide 
both administrative support to the Assistant Defender I positions and coordinate and 
facilitate the assignment of counsel to indigent clients across the State who are currently 
on the list ofumepresented criminal defendants and parents, especially defendants who are 
incarcerated. 
The amendment further clarifies that the new Assistant Defender I and Paralegal 
positions established by this legislation a1·e primarily responsible for providing indigent 
legal services to cl'iminal defendants and patiies in child protective prnceedings fo1· whom 
another public defender, assigned counsel, contract counsel or employed counsel is not 
available to represent the defendant or patty and, to the extent there is additional capacity, 
these positions may also reprnsent other individuals who are eligible for indigent legal 
services but for whom another public defender, assigned counsel, conh·act counsel or 
employed counsel is not available to represent the person, 
Finally, the amendment requil'es the commission and the judicial branch to submit 
reports to the Joint Standing Committee on Judiciary by January 1, 2026, with an update 
on the status of the Robbins v. Billings, et al., No. CV-22-054 litigation, including 
information on any defendants who have been granted habeas corpus relief by the comt 
and with specific information about the implementation of the provisions of this legislation. 
The committee may repott out legislation in response to these repo1ts to the Second Regular 
Session of the 132nd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appl'oved: 04/04/25 LRL 
LD 1101 
LR 1299(02) 
An Act to Address the Limited Availability of Counsel in Courts to Re1>rese11t Indigent Parties in 
Matters Affecting Their Fundamental Rights 
Fiscal Note for Bill as Amended by Committee Amendment~•($~;~ 
Committee: Judiciary 
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 
$269,022 
$1,618,794 
$1,631,975 
$269,022 
$1,618,794 
$1,631,975 
Projections 
FY 2027-28 
$1,675,762 
$1,675,762 
Projections 
FY 2028-29 
$1,721,126 
$1,721,126 
The bill includes ongoing General Fund apprnpriations of $269,022 in fiscal year 2024-25, $1,618,794 in fiscal year 
2025-26 and $1,63 J ,975 in fiscal year 2026"27 to address the limited availability of qualified counsel to provide 
counsel for indigent clients. 
LR1299(02) " Fiscal Note - Page 1 of l