This bill 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 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. The bill does not affect the inherent authority of the courts to appoint counsel. The provisions of the bill apply until July 1, 2027. The bill 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. The bill establishes 5 new Public Service Manager III positions, also known as Assistant District Defender positions, in the commission specifically responsible for 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. It also funds 2 Paralegal positions and one Office Specialist Supervisor II position, also known as an Office Manager position. The bill provides ongoing funding to compensate assigned counsel that the Legislature authorized the courts to appoint.

Statutes affected:
Bill Text LD 1101, SP 462: 4.1805