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Bill > LD1101

ME LD1101

ME LD1101
An Act to Address the Limited Availability of Counsel in Courts to Represent Indigent Parties in Matters Affecting Their Fundamental Rights

summary

Introduced
03/14/2025
In Committee
03/14/2025
Crossed Over
04/08/2025
Passed
04/10/2025
Dead
Signed/Enacted/Adopted
04/23/2025

Introduced Session

132nd Legislature

Bill Summary

An Act to Address the Limited Availability of Counsel in Courts to Represent Indigent Parties in Matters Affecting Their Fundamental Rights Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, this legislation is designed to address an existing crisis in the courts arising from the limited availability of counsel qualified by the Maine Commission on Public Defense Services to represent indigent parties in criminal and child protection proceedings affecting their fundamental rights; and Whereas, when a court appoints counsel to represent an indigent party, compensation must be made available to counsel, whether the commission or the court determined that counsel is qualified to provide the representation; and Whereas, a Maine Superior Court order issued in Robbins v. Billings, et al., No. CV- 22-054 (Me. Super. Ct., Ken. Cty., March 7, 2025) (Order After Phase One Trial) establishes a conditional remedy to address claims for habeas corpus relief for violations of the United States Constitution, Amendment VI and the Constitution of Maine, Article I, Section 6 right to continuous representation; and Whereas, the resources necessary to implement the conditional remedy are currently under consideration by the Legislature and requested by the Maine Commission on Public Defense Services; and Whereas, the conditional remedy poses a concern about the public's interest in the administration of criminal justice and the potential to jeopardize public safety if a criminal defendant commits a dangerous act after dismissal and release granted in response to a claim for habeas corpus relief; 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,

AI Summary

This bill addresses the limited availability of legal counsel for indigent parties in Maine by establishing a temporary mechanism to appoint private attorneys when public defenders, assigned counsel, contract counsel, or employed counsel are unavailable. Specifically, the bill allows District Court, Superior Court, and the Supreme Judicial Court to appoint qualified private attorneys who have at least three years of relevant legal experience to represent indigent individuals in criminal and child protection proceedings. These private attorneys will be compensated at the same rate as assigned counsel and will be subject to limited supervision by the Maine Commission on Public Defense Services. The bill also requires the commission to submit a detailed report by January 1, 2026, documenting the implementation of this new provision, including statistics on the number of clients served, the types of cases handled, and the compensation paid to private attorneys. Additionally, the legislation provides funding to establish five new Assistant Defender I positions, two Paralegal positions, and one Legal Administrator position to help address the current crisis in legal representation for indigent parties. The bill is structured as an emergency measure and will be in effect until February 1, 2026, at which point the provision for appointing private attorneys will be repealed.

Committee Categories

Justice

Sponsors (2)

Last Action

Governor's Action: Emergency Unsigned, Apr 23, 2025 (on 04/23/2025)

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