An Act to Implement the Recommendations of the Maine Commission on Public Defense Services to Clarify the Types of Cases for Which the Commission Is Responsible for Providing Counsel
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Became Law
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 4 benefits, 0 costs, 2 mixed.
Court-paid lawyers in adoption and parental rights
The court must appoint and pay a lawyer if a parent facing termination of parental rights is indigent. In a contested case, the court may also appoint and pay a lawyer for an indigent petitioner when the parent has a lawyer. In adoption, if a requesting or putative parent is indigent, the court appoints and pays a lawyer and reimburses the lawyer’s reasonable expenses. A minor indigent parent gets a court‑appointed, court‑paid lawyer at every stage when the adoptee is unrelated to the petitioner, unless the minor refuses or it is unnecessary. In related cases, the court can divide guardian ad litem costs among the parties and must pay appointed counsel for minors or indigent parties.
Court covers costs in mental health cases
Except for applicant costs listed in subsection 5(F), the District Court pays most witness, notice, and travel costs under 34‑B §3864. This includes transportation for the person and fees of appointed counsel. This lowers out‑of‑pocket costs for most applicants.
Court-paid lawyers in guardianship cases
When the court appoints a lawyer for a child, an indigent parent or guardian, or an indigent respondent in guardianship and related cases, it must pay reasonable fees and reimburse reasonable expenses. This covers initial cases, contested modifications, contested terminations, and applies in juvenile cases when counsel is appointed. For parents found indigent and appointed a lawyer under these sections, the court must pay and reimburse. Payment rules for lawyers appointed under certain subsections follow the Section 5‑119(1) payment rule.
More types of indigent legal help
Covered indigent legal services now include filing a U.S. Supreme Court certiorari petition when it stems from a covered case. Work by an attorney at the commission’s direction also counts as covered services. Guardians ad litem remain excluded.
Small staffing change for public defenders
The law reclassifies one Assistant Defender I position to Deputy District Defender at the public defense commission. The state adds $1,000 for personal services in 2025–26 and $1,000 in 2026–27 to support this change.
New process to assign public defenders
Courts may not directly assign a public defender or commission‑employed lawyer to someone entitled to indigent services. The commission handles those assignments. Commission attorneys can serve as both employed counsel and public defender.
Sponsors & Cosponsors
Sponsors
There is no primary sponsor on record.
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
ACTPUB Chapter 511
5/1/2026HELD BY THE GOVERNOR.
7/8/2025SenatePASSED TO BE ENACTED, in concurrence.
6/25/2025SenatePASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.
6/25/2025HouseThe House RECEDED and CONCURRED to PASSAGE TO BE ENGROSSED as Amended by Committee Amendment "A" (S-418) as Amended by Senate Amendment "B" (S-481) thereto.ORDERED SENT FORTHWITH.
6/25/2025HouseOn motion by Senator ROTUNDO of Androscoggin taken from the Special Appropriations Table On motion by Same Senator the Senate SUSPENDED THE RULES to RECONSIDER their actions whereby the Bill was PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (S-418) On further motion by Same Senator the Senate SUSPENDED THE RULES to RECONSIDER their actions whereby Committee Amendment "A" (S-418) was ADOPTED. On further motion by Same Senator the Senate SUSPENDED THE RULES to RECONSIDER their actions whereby Senate Amendment "A" (S-424) was ADOPTED and moved to INDEFINITLY POSTPONE the same. On further motion by Same Senator Senate Amendment "B" (S-481) to Committee Amendment "A" (S-418) READ and ADOPTED. Committee Amendment "A" (S-418) as Amended by Senate Amendment "B" (S-481) thereto ADOPTED. PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (S-418) as Amended by Senate Amendment "B" (S-481) thereto in NON-CONCURRENCE. Sent down for concurrence.
6/25/2025SenateOn motion by Senator ROTUNDO of Androscoggin PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT in concurrence.
6/18/2025SenatePASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.
6/17/2025HouseReports READ.On motion of Representative KUHN of Falmouth, the Majority Ought to Pass as Amended Report was ACCEPTED.The Bill was READ ONCE.Committee Amendment "A" (S-418) was READ.Senate Amendment "A" (S-424) to Committee Amendment "A" (S-418) was READ and ADOPTED.Committee Amendment "A" (S-418) as Amended by Senate Amendment "A" (S-424) thereto 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-418) as Amended by Senate Amendment "A" (S-424) thereto.In concurrence. ORDERED SENT FORTHWITH.
6/17/2025HouseTaken from the table by the President Subsequently The Majority Ought to Pass As Amended Report ACCEPTED. Bill READ ONCE Committee Amendment "A" (S-418) READ On motion by Senator CARNEY of Cumberland Senate Amendment "A" (S-424) to Committee Amendment "A" (S-418) READ and ADOPTED Committee Amendment "A" (S-418) as Amended by Senate Amendment "A" (S-424) thereto ADOPTED. Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (S-418) as Amended by Senate Amendment "A" (S-424) thereto. Sent down for concurrence
6/17/2025SenateReports READ Senator CARNEY of Cumberland moved to ACCEPT The Majority Ought to Pass As Amended Report On motion by Same Senator Tabled until Later in Today's Session, pending Motion to ACCEPT The Majority Ought to Pass As Amended Report Unfinished Business
6/17/2025SenateReport was READ and ACCEPTED.The Bill was REFERRED to the Committee on JUDICIARYIn concurrence. ORDERED SENT FORTHWITH.
4/24/2025HouseReported 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.Report READ and ACCEPTED.REFERRED to the Committee on Judiciary and ordered printed pursuant to Joint Rule 218.Ordered sent down forthwith for concurrence.
4/24/2025Senate
Bill Text
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