All Roll Calls
Yes: 204 • No: 85
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
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Private lawyers when no public defender
The court can appoint a private lawyer if no public defender or assigned counsel is available. The lawyer must be qualified, have required experience, and agree to take the case. The Commission pays the lawyer at the same rate as assigned counsel and covers expenses. Client confidentiality rules apply, and oversight is limited to handling complaints. This authority ends Feb 1, 2026.
Assigned lawyers paid $150 per hour
The state pays assigned lawyers $150 per hour. It provides $62,500 for FY 2024–25 and $375,000 for each of FY 2025–26 and FY 2026–27. This supports income for attorneys who take assigned cases.
Courts can order payments for counsel
The court can order you to pay toward your lawyer if it finds you cannot afford private counsel but can contribute. Payments can be installments up to the full cost, or a set amount, and cannot exceed actual expenses. Orders can be paused while you are incarcerated. This applies to assigned and contract counsel, and to privately appointed lawyers only until Feb 1, 2026. Payments go to the Commission.
More public defenders and support staff
The state funds 8 new public defense jobs: 5 Assistant Defenders, 2 Paralegals, and 1 Legal Administrator. Funding totals $206,522 in FY 2024–25, $1.24 million in FY 2025–26, and $1.26 million in FY 2026–27. This expands capacity to represent indigent people.
Stronger indigency checks and reimbursements
The Commission now manages and improves how lawyers are repaid for expenses. It must check who qualifies for indigent services, require time tracking by case, and seek court review when finances change. It also receives court-ordered contributions from people who can partly pay. These duties for privately appointed lawyers end Feb 1, 2026.
Sponsors & Cosponsors
Sponsor
Anne M. Carney
Democratic • Senate
Cosponsors
Amy Kuhn
Democratic • House
Roll Call Votes
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
ACTPUB Chapter 40
4/23/2025PASSED TO BE ENACTED - Emergency - 2/3 Elected Required, in concurrence.
4/10/2025SenateThis 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.
4/10/2025HouseCONSENT 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.
4/10/2025HouseReport 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.
4/8/2025SenateCARRIED OVER, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.
3/21/2025SenateReceived 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
Amendment C-A (S-11), adopted by House & Senate
Enacted
Introduced
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