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MaineLD 1101132nd Maine Legislature (2025-2026)SenateWALLET

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

Sponsored By: Anne M. Carney (Democratic)

Became Law

CRIMINAL PROCEDURECRIMINAL PROCEDURE - APPOINTED COUNSEL

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Temporary private lawyers for indigent clients

When no public defender or rostered counsel is available, courts can appoint a private lawyer for eligible people. The lawyer must be qualified, not disqualified by the commission, and have at least 3 years’ experience (or prior law clerk service for the high court). The court may limit the scope of the appointment. The commission pays these private lawyers on the same terms as assigned counsel, and normal confidentiality rules apply. The commission’s oversight is limited to client complaints. This appointment authority ends on February 1, 2026.

More defenders and pay for counsel

The law funds 5 Assistant Defender I jobs, 2 paralegal jobs, and 1 legal administrator to expand indigent defense. It also funds assigned counsel at $150 per hour: $62,500 in 2024–25 and $375,000 in both 2025–26 and 2026–27. Position funding is Personal Services of $200,522 (2024–25), $1,203,134 (2025–26), and $1,216,315 (2026–27), plus All Other of $6,000 (2024–25) and $40,660 (2025–26 and 2026–27). The commission must track time spent on each case, and the director recommends ways to improve how lawyers are reimbursed. These tracking and recommendation duties also cover court‑appointed private lawyers until February 1, 2026.

New indigency checks and repayment rules

The commission verifies eligibility for free counsel and can review it randomly or when your information or situation changes. The director can ask a court to reassess indigency. If a court finds you can contribute, it orders installment payments up to the full cost or a fixed amount, but never more than the commission’s actual expenses. Courts send these payments to the commission. If you are incarcerated, you can ask the court to pause repayment until release. The commission may use contracts to secure repayment from people who owe it.

Sponsors & Cosponsors

Sponsor

  • Anne M. Carney

    Democratic • Senate

Cosponsors

  • Amy Kuhn

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 204 • No: 85

House vote • 4/10/2025

INDEF PP HAH-47

Yes: 91 • No: 53

House vote • 4/10/2025

PASSAGE TO BE ENGROSSED

Yes: 113 • No: 32

Actions Timeline

  1. ACTPUB Chapter 40

    5/1/2026

  2. PASSED TO BE ENACTED - Emergency - 2/3 Elected Required, in concurrence.

    4/10/2025Senate

  3. This being an emergency measure, a two-thirds vote of all the members elected to the House was necessary.PASSED TO BE ENACTED.Sent for concurrence. ORDERED SENT FORTHWITH.

    4/10/2025House

  4. CONSENT CALENDAR - FIRST DAYOn OBJECTION of Representative FREDETTE of Newport REMOVED.The Committee Report was READ and ACCEPTED.The Bill was READ ONCE.Committee Amendment "A" (S-11) was READ.On motion of Representative FREDETTE of Newport, House Amendment "A" (H-47) to Committee Amendment "A" (S-11) was READ.On motion of Representative KUHN of Falmouth, House Amendment "A" (H-47) to Committee Amendment "A" (S-11) was INDEFINITELY POSTPONED.ROLL CALL NO. 77(Yeas 91 - Nays 53 - Absent 6 - Excused 0 - Restricted - 1)Subsequently, Committee Amendment "A" (S-11) was ADOPTED.Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-11) ROLL CALL NO. 78(Yeas 113 - Nays 32 - Absent 5 - Excused 0 - Restricted - 1)In concurrence. ORDERED SENT FORTHWITH.

    4/10/2025House

  5. Report READ and ACCEPTED.READ ONCE.Committee Amendment "A" (S-11) READ and ADOPTED.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (S-11).Ordered sent down forthwith for concurrence.

    4/8/2025Senate

  6. CARRIED OVER, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025Senate

  7. Received by the Secretary of the Senate on March 14, 2025 and REFERRED to the Committee on JUDICIARY pursuant to Joint Rule 308.2

    3/14/2025Senate

Bill Text

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