Maine LD 1101: An Act To Expand The 1998 Special Retirement Plan To Include Civilian Employees Who Work For The Department Of Public Safety Crime Lab And Computer Crimes Unit

Bill Text

Page 1 - 132LR1299(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 462 - L.D. 1101
An Act to Address the Limited Availability of Counsel in Courts to Represent
Indigent Parties in Matters Affecting Their Fundamental Rights
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation is designed to address an existing crisis in the courts arising
from the limited availability of counsel qualified by the Maine Commission on Public
Defense Services to represent indigent parties in criminal and child protection proceedings
affecting their fundamental rights; and
Whereas, when a court appoints counsel to represent an indigent party, compensation
must be made available to counsel, whether the commission or the court determined that
counsel is qualified to provide the representation; and
Whereas, a Maine Superior Court order issued in Robbins v. Billings, et al., No. CV-
22-054 (Me. Super. Ct., Ken. Cty., March 7, 2025) (Order After Phase One Trial)
establishes a conditional remedy to address claims for habeas corpus relief for violations
of the United States Constitution, Amendment VI and the Constitution of Maine, Article I,
Section 6 right to continuous representation; and
Whereas, the resources necessary to implement the conditional remedy are currently
under consideration by the Legislature and requested by the Maine Commission on Public
Defense Services; and
Whereas, the conditional remedy poses a concern about the public's interest in the
administration of criminal justice and the potential to jeopardize public safety if a criminal
defendant commits a dangerous act after dismissal and release granted in response to a
claim for habeas corpus relief; 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:
LAW WITHOUT
GOVERNOR'S
SIGNATURE

APRIL 23, 2025
CHAPTER
40
PUBLIC LAW

Page 2 - 132LR1299(03)
Sec. 1. 4 MRSA §1805-A, sub-§1, as enacted by PL 2017, c. 284, Pt. UUUU, §14,
is amended to read:
1. Duties. The executive director shall administer and improve reimbursement of
expenses incurred by assigned counsel and, contract counsel and, until February 1, 2026,
a private attorney appointed under section 1807 by:
A. Establishing procedures to ensure that the eligibility of defendants and civil parties
is verified and reviewed randomly and when circumstances have changed, information
has changed, additional information is provided or as otherwise needed;
B. Petitioning the court to reassess the indigency of a defendant or civil party if the
executive director determines that indigency should be reassessed;
C. Providing to the commission recommendations to improve reimbursement of
expenses;
D. Requiring that the amount of time spent on each case by assigned counsel or
contract counsel is recorded separately for each case; and
E. Receiving from the courts collections for the costs of representation from
defendants or civil parties who are found to be partially indigent or who have otherwise
been determined to be able to reimburse the commission for expenses incurred by
assigned counsel or, contract counsel or, until February 1, 2026, a private attorney
appointed under section 1807.
Sec. 2. 4 MRSA §1805-A, sub-§3, as enacted by PL 2017, c. 284, Pt. UUUU, §14,
is amended to read:
3. Partial indigency and reimbursement. This subsection applies to partial
indigency and reimbursement of expenses incurred by assigned counsel or, contract
counsel or, until February 1, 2026, a private attorney appointed under section 1807.
A. If the court determines that a defendant or civil party is unable to pay to obtain
private counsel but is able to contribute to payment of assigned counsel or, contract
counsel or, until February 1, 2026, a private attorney appointed under section 1807, the
court shall order the defendant or civil party to make installment payments up to the
full cost of representation or to pay a fixed contribution. The court shall remit
payments received to the commission.
B. A defendant or civil party may not be required to pay for legal services in an amount
greater than the expenses actually incurred.
C. Upon petition of a defendant or civil party who is incarcerated, the court may
suspend an order for reimbursement issued pursuant to this subsection until the time of
the defendant’s or civil party’s release.
D. The executive director may enter into contracts to secure the reimbursement of fees
and expenses paid by the commission as provided for in this section.
Sec. 3. 4 MRSA §1807 is enacted to read:
§1807. Court appointment of private attorney
1. Appointment of private attorneys by D