An Act to Extend the
Maine Legislature, Session 132, LD 2193
Committee Amendment CA_A_S562 (Senate)
Amends: 4 MRSA §1802, 4 MRSA §1807-A

COMMITTEE AMENDMENT " /A » to S,P, 894, L,D, 2193, "An Act to Extend the
Requirement That the Maine Commission on Public Defense Services Compensate Certain
Private Attorneys Appointed to Provide Indigent Legal Services"
Amend the bill in the emergency preamble in the 4th paragraph in the 3rd line (page 1,
line 14 in L,D,) by striking out the following; "2 years" and inserting the following; 'one
year'
Amend the bill by inserting before section 1 the following:
'See. 1. 4 MRSA §1802, sub-§4-A is enacted to read:
4-A. Private attorney. "Private attorney" means an attorney who is not a public
defender, contract counsel, assigned counsel or employed counsel.'
Amend the bill in section 1 in subsection 1 in the 2nd line (page 1, line 24 in L.D.) by
striking out the following; "February 1, S03€ 2028" and inserting the following: 'Fobruaiy
Aprill. 203^2027'
Amend the bill in section 1 in subsection 1 in paragraph E in the 4th line (page 1, line
38 in L.D.) by striking out the following; "February 1, 203^ 2028" and inserting the
following: 'February April 1, 2026 2027'
Amend the bill in section 2 in subsection 3 in the 3rd line (page 2, line 3 in L.D.) by
striking out the following; "February 1,3036 2028" and inserting the following; 'February
April 1.303^ 2027'
Amend the bill in section 2 in subsection 3 in paragraph A in the 3rd line (page 2, line
6 in L.D.) by striking out the following: "February 1, 3036 2028" and inserting the
following; 'February April 1, 3026 2027'
Amend the bill by striking out all of section 3 and inserting the following:
'See. 3. 4 MRSA §1807-A is enacted to read:
S1807"A. Court aopointment of private attornex
COMMITTEE AMENDMENT
•/,.» COMMITTEE AMENDMENT " // " to 8,P. 894, L.D. 2193 ( ^)-<
1. Apnointment of private attorneys by District Court and Superior Court.
Notwithstandine any provision of this chapter to the cotitrai'v. a court may apDoint a private
attorney to represent a person who is eIJRJble to receive indieent legal services in a matter
pending before the District Court or Superior Court, includine for muwses of providing
limited representation as defined by the courtjn its _aBBQintment order jnhe court finds the
followmg;
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, has not been disqualified by the commission and has at least 3 years of le^al
experience relevant to the oendine matter; and
C. The private attorney consents in advance to the appointment.
2. Private attorney aDDointment; Supreme Judicial Court. Notwithstandine 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 before the Supreme
Judicial Court, including for purposes of providine limited representation as defined by the
court in its appointment order, if the court finds the followine:
A. A public defender, assigned counsel, contract counsel or employed counselis not
avai lable to represent the person;
B, The private attorney is qualified to represent the person in the matter pending before
the court, has not been disqualified by the commission andeitherhas^ at least 3 years
of leeal experience relevant to the pendine matter or has m'eviouslv served as a law
clerk analyzing cases relevant to the oendine matter; and
C. The private attorney consents in advance to the apDoititment.
3, Compensation and reimbursement. The commission shall provide cotnpensAtion
and reimbursement to a private attorney appointed by the court under subsection 1 or 2 in
accordance with this subsection.
A, The compensation and reimbursement must be equivalent tojhe compensation and
reimbursement provided to assigned counsel under the rulemakine directed by section
1804. subsection 3. paraeraph F. The commission may decline to CQmDensate or
reimburse the private attorney for a particular expense or task to the same extent that
the commission would decline^to-comi5ensate-oi^eimbui'se^ssiEnedzconnsel~for-aT
similar eKpense or task under the rules and procedures adopted by the commission
pursuant to section 1804.
B. The process for conroensation and reimbursement must be in accordance with the
reguu'einents established by the commission under section 1804, subsection 3.
7 paragraph B for voucher review and payment authorization.
C. For each court m'oceedine identified by a single docket number, the commission is
not required to compensate or reimburse more than one private attomev for services
provided to represent a single indigent leeal services client,
4. Supervision. The commission's supervision of a private attome¥_aDDointed
pursuant to subsection 1 or 2 is limited to addressing complaints made by the client whom
the private attorney was aopointed to reDresent.under subsection 1 or 2.
COMMITTEE AMENDMENT
^P COMMITTEE AMENDMENT "^ " to S.P. 894. L.D. 2193 (f5"5^>^
5. Confidentiality. The provisions of section 1806. subsections 2 and 3 applv.Io the
same extent that those provisions apply to coinmission-m^^ attpmeyswh^serye as
assigned counsel, to private attorneys appointed by the court to provide indigent legal
services pursuant to subsections 1 and 2,
6. Repeal. This section is repealed April 1.2027.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment adds a definition of "private attorney" and changes from February 1,
2028 to April 1, 2027 the expiration date of the bill's provisions, It also clarifies that the
Maine Commission on Public Defense Services is not required to reimburse a court-
appointed private attorney for an expense or compensate the private attorney for a task that
the commission would not reimburse or compensate if the expense was incurred by or the
task was performed by assigned counsel and that the commission is not required to
compensate more than one private attorney appointed to represent a single indigent legal
services client in a single court proceeding,
COMMITTEE AMENDMENT