An Act to Clarify Responsibility for Compensation of Court-
Maine Legislature, Session 132, LD 2194
Committee: Judiciary
Amends: 4 MRSA §1802, 22 MRSA §4005, 22 MRSA §4036

Legislative Document
No. 2194
S.P. 895
In Senate, February 3, 2026
An Act to Clarify Responsibility for Compensation of Court-
appointed Attorneys in Certain Proceedings
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-§4, as amended by PL 2025, c. 511, §1, is further 
amended to read:
4.  Indigent legal services.  "Indigent legal services" means:
A.  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.  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, except any 
provision of Title 18-C, requires that the State provide representation;
C.  Legal representation provided by an attorney appointed by a court to represent a 
juvenile defendants defendant or a juvenile who petitions for emancipation pursuant to 
Title 15, section 3506-A;
C-1.  Legal representation provided by an attorney appointed by a court:
(1)  Pursuant to Title 25, section 2244, subsection 2, paragraph B to represent an 
indigent party who is a respondent in an extreme risk protection order proceeding;
(2)  Pursuant to Title 34-B, section 3862-A, subsection 6, paragraph A to represent 
an indigent party who is a restricted person in an extreme risk protection order 
proceeding; and
(3)  Pursuant to Title 34-B, section 3864, subsection 5, paragraph D to represent a 
person who is the subject of an involuntary commitment proceeding or involuntary 
treatment proceeding.
D.  Legal representation provided to an indigent defendant or party or, a juvenile or a 
nonparty witness for the purpose of filing, on behalf of that indigent defendant or party 
or, juvenile or nonparty witness, 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 or nonparty witness 
pursuant to paragraph A, B or, C, C-1 or E; 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, including legal 
representation provided to a nonparty witness in a criminal proceeding or a civil 
proceeding when the United States Constitution requires that the State provide 
representation to that nonparty witness.
"Indigent legal services" includes the services of an attorney appointed pursuant to Title 
22, section 4005, subsection 1, paragraph F but does not include the services of a guardian 
ad litem appointed pursuant to any provision of Title 18-C or pursuant to Title 19-A, section 
1658, subsection 2-A or Title 22, section 4005, subsection 1.
Sec. 2.  22 MRSA §4005, sub-§1, ¶F, as amended by PL 1995, c. 405, §20, is 
further amended to read:
F.  The guardian ad litem or the child may request the court to appoint legal counsel 
for the child.  The District Court shall pay reasonable costs and expenses of the child's 
legal counsel.  If legal counsel is appointed for the child under this paragraph, the child 
must be considered indigent and the appointment must be at public expense.
Sec. 3.  22 MRSA §4036, sub-§1-A, ¶F, as amended by PL 2013, c. 294, §1, is 
further amended to read:
F.  When a provisional order awarding parental rights and responsibilities is entered 
under paragraph D‑1, subparagraph (2), the court may terminate the appointments of 
the guardian ad litem and attorneys for parents and guardians.  When the child 
protection action is dismissed under paragraph D‑1, subparagraph (1) or (2), the court 
shall terminate the appointments of the guardian ad litem and attorneys for parents and 
guardians.  After the appointments are terminated, the attorneys and guardian ad litem 
have no further responsibilities to their clients or the court.  The Maine Commission 
on Public Defense Services shall, in accordance with rules and procedures adopted by 
the commission under Title 4, chapter 37, compensate attorneys appointed or assigned 
to provide indigent legal services to the parent or guardian in the child protection action 
for legal representation provided under this subsection.
SUMMARY
This bill is reported out by the Joint Standing Committee on Judiciary pursuant to the 
Maine Revised Statutes, Title 4, section 1804, subsection 3, paragraph H to implement a 
recommendation in the annual report of the Maine Commission on Public Defense 
Services.  The joint standing committee has not taken a position on the substance of this 
bill. By reporting this bill out, the joint standing committee is not suggesting and does not 
intend to suggest that it agrees or disagrees with any aspect of this bill; instead, the joint 
standing committee is reporting the bill out for the sole purpose of having a bill printed that 
can be referred to a joint standing committee for an appropriate public hearing and 
subsequent processing in the normal course. The joint standing committee is taking this 
action to ensure clarity and transparency in the legislative review of the proposals contained 
in the bill.
Under current law, the commission evaluates the qualifications of, trains, supervises 
and compensates attorneys appointed by state courts to represent indigent individuals who 
have a constitutional or statutory right to counsel at state expense. The bill clarifies that the 
commission also has the authority to evaluate the qualifications of, train, supervise and 
compensate attorneys that a state court may appoint in the following circumstances:
1.  To represent a juvenile who petitions for emancipation and requests appointment of 
counsel;
2.  To represent a child who is the subject of a child protection proceeding;
3.  To represent an indigent person who is the subject of an extreme risk protection 
order proceeding under either the so-called yellow flag law or so-called red flag law;
4.  To represent a person who is the subject of an application for involuntary 
commitment or involuntary treatment; and
5.  To represent a nonparty witness in a criminal proceeding or a civil proceeding when 
the United States Constitution requires that the State provide representation to that nonparty 
witness.
The bill also requires the commission to compensate counsel appointed to represent an 
indigent parent or guardian in a child protection proceeding for that counsel’s services to 
the parent or guardian related to the court’s disposal of the child protection proceeding 
through the entry of an order awarding parental rights and responsibilities.