This bill is reported out by the Joint Standing Committee on Judiciary pursuant to the Maine Revised Statutes, Title 4, section 1804, subsection 3, paragraph H to implement a recommendation in the annual report of the Maine Commission on Public Defense Services. The joint standing committee has not taken a position on the substance of this bill. By reporting this bill out, the joint standing committee is not suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this bill; instead, the joint standing committee is reporting the bill out for the sole purpose of having a bill printed that can be referred to a joint standing committee for an appropriate public hearing and subsequent processing in the normal course. The joint standing committee is taking this action to ensure clarity and transparency in the legislative review of the proposals contained in the bill. Under current law, the commission evaluates the qualifications of, trains, supervises and compensates attorneys appointed by state courts to represent indigent individuals who have a constitutional or statutory right to counsel at state expense. The bill clarifies that the commission also has the authority to evaluate the qualifications of, train, supervise and compensate attorneys that a state court may appoint in the following circumstances:
1. To represent a juvenile who petitions for emancipation and requests appointment of counsel;
2. To represent a child who is the subject of a child protection proceeding;
3. To represent an indigent person who is the subject of an extreme risk protection order proceeding under either the so-called yellow flag law or so-called red flag law;
4. To represent a person who is the subject of an application for involuntary commitment or involuntary treatment; and
5. To represent a nonparty witness in a criminal proceeding or a civil proceeding when the United States Constitution requires that the State provide representation to that nonparty witness. The bill also requires the commission to compensate counsel appointed to represent an indigent parent or guardian in a child protection proceeding for that counsel’s services to the parent or guardian related to the court’s disposal of the child protection proceeding through the entry of an order awarding parental rights and responsibilities.

Statutes affected:
Bill Text LD 2194, SP 895: 4.1802, 22.4005, 22.4036