LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
481
JULY 15, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 1256 - L.D. 1687
An Act To Improve the Provision of Indigent Legal Services
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State's constitutional and statutory obligations include ensuring that
each person facing a potential loss of liberty in a criminal or juvenile proceeding is provided
with effective representation at every critical stage of the proceeding and also include
providing counsel services to indigent parents in child protection proceedings and to
individuals in hearings for involuntary commitment; and
Whereas, the Sixth Amendment Center identified significant challenges that the State
faces in fulfilling its statutory and constitutional obligations; and
Whereas, it is important for the State to begin to address these significant challenges
as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §1804, sub-§3, ¶A, as enacted by PL 2009, c. 419, §2, is amended
to read:
A. Develop and maintain a system that uses may employ attorneys, use appointed
private attorneys, contracts and contract with individual attorneys or groups of
attorneys and. The commission shall consider other programs necessary to provide
quality and efficient indigent legal services;
Sec. 2. 4 MRSA §1804, sub-§3, ¶M, as amended by PL 2019, c. 427, §3, is further
amended to read:
M. Establish procedures for handling complaints about the performance of counsel
providing indigent legal services; and
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 Sec. 3. 4 MRSA §1804, sub-§3, ¶N, as enacted by PL 2019, c. 427, §4, is amended
to read:
N. Develop a procedure for approving requests by counsel for authorization to file a
petition as described in section 1802, subsection 4, paragraph D.; and
Sec. 4. 4 MRSA §1804, sub-§3, ¶O is enacted to read:
O. Establish a system to audit financial requests and payments that includes the
authority to recoup payments when necessary. The commission may summon persons
and subpoena witnesses and compel their attendance, require production of evidence,
administer oaths and examine any person under oath as part of an audit. Any summons
or subpoena may be served by registered mail with return receipt. Subpoenas issued
under this paragraph may be enforced by the Superior Court.
Sec. 5. 4 MRSA §1804, sub-§4, ¶D, as amended by PL 2013, c. 368, Pt. RRR, §1
and affected by §4, is further amended to read:
D. Adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A,
except that rules adopted to establish standards under subsection 2, paragraph B and
rates of compensation for assigned counsel and contract counsel under subsection 2 3,
paragraph F are major substantive rules as defined in Title 5, chapter 375, subchapter
2-A; and
Sec. 6. 4 MRSA §1805, sub-§9-A is enacted to read:
9-A. Audits; recoupment. Conduct audits of financial requests and payments and
recoup payments when necessary. The executive director may exercise the subpoena
power of the commission granted under section 1804, subsection 3, paragraph O;
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text LD 1687, HP 1256: 2.6, 4.1804
Bill Text ACTPUB , Chapter 481: 4.1804