Signed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to pass a bill that appropriates $3.5 million to the state public defense system in Maine.

Highlights:

• Appropriates $3.5 million to the state public defense system in Maine (Sec. 1-3).

• Requires the funding to pay for 5 new public defenders to help reduce the state's shortage of attorneys for individuals facing criminal charges (Sec. 1-3).

• Authorizes judges to appoint private attorneys for cases, even if they don't have all of the standard qualifications (Sec. 1-3).

• Establishes and provides for a private attorney to be compensated by the Maine Commission on Public Defense Services when a court appoints that attorney to represent a person who is eligible to receive indigent legal services in a pending matter if the court finds that (Sec. 1-3):

• No public defender, assigned counsel, contract counsel, or employed counsel is available to represent the person;

• The private attorney is qualified to represent the person in the matter pending before the court; and 

• The private attorney is willing to undertake the representation, which may be limited representation defined by the court in its appointment order.

• Establishes a new position in the commission specifically responsible for coordinating and facilitating the assignment of counsel to indigent clients across the State who are currently on the list of unrepresented criminal defendants and parents in child custody cases, especially defendants who are currently incarcerated (Sec. 1-3).

• Establishes 5 new Public Service Manager III positions, also known as Assistant District Defender positions, in the commission specifically responsible for (Sec. 1-3):

• Representing defendants whose motion for counsel has been granted or appointment was ordered by a court, but no counsel has been appointed; 

• Cases in which a defendant has requested counsel, but a court has not yet ruled on the motion; and 

• cases in which a defendant previously had counsel, but that counsel withdrew and no new attorney has been assigned.

• Authorizes and funds 2 Paralegal positions and one Office Specialist Supervisor II  position, also known as an Office Manager position (Sec. 1-3).

• Establishes and provides ongoing funding to compensate assigned counsel that the Legislature authorized the courts to appoint (Sec. 1-3).

• Specifies that the provisions of this bill shall not take effect until July 1, 2027 (Sec. 4).

Full Bill Text