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ME LD1101

Bill

Status

Passed

4/10/2025

Primary Sponsor

Anne Carney

Click for details

Origin

Senate

132nd Legislature

AI Summary

  • Authorizes District Court, Superior Court, and Supreme Judicial Court judges to appoint private attorneys to represent indigent defendants when public defenders, assigned counsel, or contract counsel are unavailable, provided the attorney has at least 3 years of relevant experience and is willing to accept the appointment.

  • Creates 8 new positions within the Maine Commission on Public Defense Services: 5 Assistant Defender I attorneys, 2 paralegals, and 1 Legal Administrator to handle criminal defense and child protection cases where no other counsel is available.

  • Appropriates $269,022 for FY 2024-25, $1,618,794 for FY 2025-26, and $1,631,975 for FY 2026-27, including compensation for court-appointed private attorneys at $150 per hour.

  • Requires both the Maine Commission on Public Defense Services and the Judicial Department to submit reports to the Joint Standing Committee on Judiciary by January 1, 2026, detailing implementation statistics and recommendations.

  • Enacted as emergency legislation effective April 23, 2025 in response to the Robbins v. Billings Superior Court order addressing Sixth Amendment violations due to inadequate indigent defense counsel availability; the private attorney appointment provisions expire February 1, 2026.

Legislative Description

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

Criminal Procedure

Last Action

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

4/10/2025

Committee Referrals

Judiciary3/14/2025

Full Bill Text

No bill text available