An Act to Extend the Requirement That the Maine Commission on
Maine Legislature, Session 132, LD 2193
Committee: Judiciary
Amends: 4 MRSA §1805-A, 4 MRSA §1807-A

Legislative Document
No. 2193
S.P. 894
In Senate, February 3, 2026
An Act to Extend the Requirement That the Maine Commission on 
Public Defense Services Compensate Certain Private Attorneys 
Appointed to Provide Indigent Legal Services
(EMERGENCY)
Reported by Senator CARNEY of Cumberland for the Joint Standing Committee on 
Judiciary pursuant to Public Law 2025, chapter 40, section 5.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
DAREK M. GRANT
Secretary of the Senate
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Public Law 2025, chapter 40 requires the Maine Commission on Public 
Defense Services to compensate an attorney appointed by a District Court, a Superior Court 
or the Supreme Judicial Court to represent a person who is eligible to receive indigent legal 
services if no public defender, assigned counsel, contract counsel or employed counsel is 
available to represent the person and if the appointed attorney is willing and qualified to 
undertake the representation; and
Whereas, the provision of Public Law 2025, chapter 40 requiring compensation of 
private attorneys appointed by state courts to provide indigent legal services was repealed 
on February 1, 2026; and
Whereas, due to the current lack of attorneys rostered by the Maine Commission on 
Public Defense Services to take these indigent legal services cases, it is important to extend 
this provision for a period of 2 years to ensure that the fundamental rights of indigent parties 
in these proceedings are protected; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1805-A, sub-§1, as amended by PL 2025, c. 40, §1, is further 
amended to read:
1.  Duties.  The executive director shall administer and improve reimbursement of 
expenses incurred by assigned counsel, contract counsel and, until February 1, 2026 2028, 
a private attorney appointed under section 1807 1807-A by:
A.  Establishing procedures to ensure that the eligibility of defendants and civil parties 
is verified and reviewed randomly and when circumstances have changed, information 
has changed, additional information is provided or as otherwise needed;
B.  Petitioning the court to reassess the indigency of a defendant or civil party if the 
executive director determines that indigency should be reassessed;
C.  Providing to the commission recommendations to improve reimbursement of 
expenses;
D.  Requiring that the amount of time spent on each case by assigned counsel or 
contract counsel is recorded separately for each case; and
E.  Receiving from the courts collections for the costs of representation from 
defendants or civil parties who are found to be partially indigent or who have otherwise 
been determined to be able to reimburse the commission for expenses incurred by 
assigned counsel, contract counsel or, until February 1, 2026 2028, a private attorney 
appointed under section 1807 1807-A.
Sec. 2.  4 MRSA §1805-A, sub-§3, as amended by PL 2025, c. 40, §2, is further 
amended to read:
3.  Partial indigency and reimbursement.  This subsection applies to partial 
indigency and reimbursement of expenses incurred by assigned counsel, contract counsel 
or, until February 1, 2026 2028, a private attorney appointed under section 1807 1807-A.
A.  If the court determines that a defendant or civil party is unable to pay to obtain 
private counsel but is able to contribute to payment of assigned counsel, contract 
counsel or, until February 1, 2026 2028, a private attorney appointed under section 
1807 1807-A, the court shall order the defendant or civil party to make installment 
payments up to the full cost of representation or to pay a fixed contribution.  The court 
shall remit payments received to the commission.
B.  A defendant or civil party may not be required to pay for legal services in an amount 
greater than the expenses actually incurred.
C.  Upon petition of a defendant or civil party who is incarcerated, the court may 
suspend an order for reimbursement issued pursuant to this subsection until the time of 
the defendant’s or civil party’s release.
D.  The executive director may enter into contracts to secure the reimbursement of fees 
and expenses paid by the commission as provided for in this section.
Sec. 3.  4 MRSA §1807-A is enacted to read:
§1807-A.  Court appointment of private attorney
1.  Appointment of private attorneys by District Court and Superior Court.  
Notwithstanding 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 
pending before the District Court or Superior Court if the court finds the following:
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 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 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 if the court finds the following:
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 either has at least 3 years 
of legal experience relevant 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 and reimbursement.  The commission shall provide compensation 
and reimbursement to a private attorney appointed by the court under subsection 1 or 2.  
The compensation and reimbursement must be equivalent to the compensation and 
reimbursement provided to assigned counsel under the rulemaking directed by section 
1804, subsection 2, paragraph F and section 1804, subsection 3, paragraph F. The process 
for compensation and reimbursement of private attorneys appointed pursuant to subsection 
or 2 must be in accordance with the requirements established by the commission under 
section 1804, subsection 3, paragraph B for voucher review and payment authorization.  
4.  Supervision.  The commission's supervision of a private attorney appointed 
pursuant 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-rostered attorneys who serve 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 February 1, 2028.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill is reported out by the Joint Standing Committee on Judiciary pursuant to 
Public Law 2025, chapter 40, section 5. 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.  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.
This bill enacts a provision of law that reproduces a provision of law that was 
automatically repealed on February 1, 2026.  The bill, like the law that was automatically 
repealed, requires the Maine Commission on Public Defense Services to compensate a 
private attorney appointed by a District Court, a Superior Court or the Supreme Judicial 
Court to represent a person who is eligible to receive indigent legal services in a matter 
before that court if the attorney is both willing and qualified to undertake the representation 
and if no public defender, assigned counsel, contract counsel or employed counsel is 
available to represent the person.  In the bill, this requirement expires on February 1, 2028.