Bill > LD1796

This bill clarifies the responsibilities of the Maine Commission on Public Defense Services, which provides legal representation to individuals who cannot afford an attorney, often referred to as "indigent legal services." It expands the definition of these services to explicitly include legal representation for indigent defendants in criminal cases and civil cases where the law mandates state-provided counsel, as well as for juvenile defendants. The bill also clarifies that the Commission is responsible for legal representation when filing a petition for certiorari to the U.S. Supreme Court and for services that aid the Commission in its overall purpose. Importantly, it specifies that "indigent legal services" does not include the services of a guardian ad litem (a person appointed by the court to represent a child's interests) in certain types of cases, particularly those involving Title 18-C (Probate Code) or specific sections of Title 19-A (Domestic Relations) and Title 22 (Human Services). The bill also prohibits courts from directly assigning public defenders or employed counsel, instead requiring the Commission to manage these assignments, and it ensures that courts will provide reasonable compensation and reimbursement for expenses to attorneys appointed to represent indigent parties in various legal proceedings, including those related to guardianship, termination of parental rights, and adoption. Finally, it makes a minor budgetary adjustment to reclassify a position within the Commission.

Justice

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1796&snum=132