Legislative Document No. 1021 S.P. 300 In Senate, February 28, 2019
An Act To Require the Maine Commission on Indigent Legal Services To Pay Court-appointed Attorneys for Certain Probate Court Cases
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT Secretary of the Senate
Presented by Senator DAVIS of Piscataquis. Cosponsored by Senators: BLACK of Franklin, CARPENTER of Aroostook, HAMPER of Oxford, KEIM of Oxford, Representatives: HANINGTON of Lincoln, HEAD of Bethel, PICKETT of Dixfield.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 4 MRSA §1801, as enacted by PL 2009, c. 419, §2, is amended to read: 3 §1801. Maine Commission on Indigent Legal Services; established
4 The Maine Commission on Indigent Legal Services, established by Title 5, section 5 12004-G, subsection 25-A, is an independent commission whose purpose is to provide 6 efficient, high-quality representation to indigent criminal defendants, juvenile defendants, 7 minors and indigent adults subject to conservatorship or guardianship under the Uniform 8 Guardianship and Protective Proceedings Act and children and parents in child protective 9 cases, consistent with federal and state constitutional and statutory obligations. The 10 commission shall work to ensure the delivery of indigent legal services by qualified and 11 competent counsel in a manner that is fair and consistent throughout the State and to 12 ensure adequate funding of a statewide system of indigent legal services, which must be 13 provided and managed in a fiscally responsible manner, free from undue political 14 interference and conflicts of interest.
15 Sec. 2. 4 MRSA §1802, sub-§4, ¶B, as enacted by PL 2009, c. 419, §2, is 16 amended to read: 17 B. An indigent party in a civil case in which the United States Constitution or the 18 Constitution of Maine or federal or state law requires that the State provide 19 representation; and 20 Sec. 3. 4 MRSA §1802, sub-§4, ¶¶B-1 and B-2 are enacted to read: 21 B-1. An indigent adult for whom legal representation was appointed under the 22 Uniform Guardianship and Protective Proceedings Act; 23 B-2. A minor for whom legal representation was appointed under the Uniform 24 Guardianship and Protective Proceedings Act; and 25 Sec. 4. 4 MRSA §1804, sub-§3, ¶D, as enacted by PL 2009, c. 419, §2, is 26 amended to read: 27 D. Develop criminal defense, guardianship and protective proceedings, child 28 protective and involuntary commitment representation training and evaluation 29 programs for attorneys throughout the State to ensure an adequate pool of qualified 30 attorneys; 31 Sec. 5. 18-C MRSA §5-128 is enacted to read: 32 §5-128. Attorney's fees for indigent adults and minors
33 If an attorney is appointed by the court to represent an adult subject to 34 conservatorship, an adult subject to guardianship, a minor subject to conservatorship or a 35 minor subject to guardianship under this Article and, if an adult, the person is indigent, 36 the attorney's fees must be paid by the Maine Commission on Indigent Legal Services 37 pursuant to Title 4, chapter 37.
Page 1 - 129LR1398(01)-1 1 SUMMARY 2 This bill provides that when a probate court appoints an attorney for a party in a 3 guardianship or protective proceeding, if the party is indigent or a minor, the attorney's 4 fees must be paid by the Maine Commission on Indigent Legal Services.
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