An Act To Establish the Maine Commission on 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, under the United States Constitution and the Constitution of Maine, an indigent person who is facing incarceration in a criminal case, who is charged with a juvenile crime, who is a parent subject to a child protection action or who is facing involuntary commitment to a psychiatric hospital is entitled to counsel at state expense; and
Whereas, the State is obligated to ensure that such representation is provided and currently spends in excess of $10,000,000 per year; and
Whereas, the demand for such services has increased because the number of child protective hearings requiring counsel has doubled, the number of cases with mandatory jail time has increased and an increasing number of criminal defendants are indigent and entitled to such services; and
Whereas, a central agency to coordinate such services has never been established, despite the increase in services; and
Whereas, such representation is currently funded by an appropriation to the judicial branch; and
Whereas, such representation is managed by approximately 60 judges located in 40 court locations throughout the State, who approve vouchers to private attorneys acting as indigent legal counsel and who are located throughout the State; and
Whereas, the current method of paying for indigent legal services creates the appearance of a conflict of interest by placing judges in the position of ruling on compensation and reasonable effort and expenses for only one side in criminal, protective custody and involuntary commitment matters; and
Whereas, there is at least the appearance of further conflict because judges are authorizing payment of indigent legal fees out of appropriations intended to fund judicial branch operations; and
Whereas, the current system lacks a central authority to provide coordinated planning, oversight and management in order to ensure the delivery of quality legal representation in the most cost-effective manner; and
Whereas, it is necessary to provide independent oversight for the delivery of indigent counsel services, improve the quality of representation, ensure the independence of counsel, establish uniform policies and procedures for the delivery of such services and develop the statistics necessary to evaluate the quality and the cost-effectiveness of such services; and
Whereas, the current method of funding indigent legal services through the judicial branch budget creates the appearance of a conflict of interest and is contrary to accepted practices; 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,
Sec. 1. 2 MRSA §6, sub-§12 is enacted to read:
Sec. 2. 4 MRSA c. 37 is enacted to read:
CHAPTER 37
MAINE COMMISSION ON INDIGENT LEGAL SERVICES
§ 1801. Maine Commission on Indigent Legal Services; established
The Maine Commission on Indigent Legal Services, established by Title 5, section 12004-G, subsection 25-A, is an independent commission whose purpose is to provide efficient, high-quality representation to indigent criminal defendants, juvenile defendants and children and parents in child protective cases, consistent with federal and state constitutional and statutory obligations. The commission shall work to ensure the delivery of indigent legal services by qualified and competent counsel in a manner that is fair and consistent throughout the State and to ensure adequate funding of a statewide system of indigent legal services, which must be provided and managed in a fiscally responsible manner, free from undue political interference and conflicts of interest.
§ 1802. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
"Indigent legal services" does not include the services of a guardian ad litem appointed pursuant to Title 22, section 4105, subsection 1.
§ 1803. Commission structure
In determining the appointments and recommendations under this subsection, the Governor, the President of the Senate, the Speaker of the House of Representatives and the Chief Justice of the Supreme Judicial Court shall consider input from persons and organizations with an interest in the delivery of indigent legal services.
A member of the commission appointed to fill a vacancy occurring otherwise than by expiration of term is appointed only for the unexpired term of the member succeeded.
§ 1804. Commission responsibilities
§ 1805. Executive director
The executive director of the commission hired pursuant to section 1804, subsection 1 shall:
Sec. 3. 5 MRSA §959 is enacted to read:
§ 959. Maine Commission on Indigent Legal Services
Sec. 4. 5 MRSA §12004-G, sub-§25-A is enacted to read:
Legal Services | Maine Commission on Indigent Legal Services | Legislative Per Diem Plus Expenses | 4 MRSA §1801 |
Sec. 5. Transfer of personnel and funds. Funds necessary to staff the Maine Commission on Indigent Legal Services and carry this Act must be transferred from the judicial branch's General Fund Personal Services and All Other accounts to the Maine Commission on Indigent and Legal Services. Positions necessary to carry out the provisions of this Act must be transferred from the judicial branch to the Maine Commission on Indigent Legal Services.
Sec. 6. Transition. The Maine Commission on Indigent Legal Services and the judicial branch shall develop a process to provide for the transition from the existing voucher payment system to the payment system developed by the commission.
Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Transfers funds to create the Maine Commission on Indigent Legal Services, including the transfer of 2 Assistant Clerk positions and 2 Financial Screener positions in fiscal year 2009-10 and 6 Financial Screener positions in fiscal year 2010-11.
GENERAL FUND | 2009-10 | 2010-11 |
POSITIONS - LEGISLATIVE COUNT
|
(4.000) | (10.000) |
Personal Services
|
($108,632) | ($503,415) |
All Other
|
($154,152) | ($9,959,426) |
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|
GENERAL FUND TOTAL | ($262,784) | ($10,462,841) |
Courts - Supreme, Superior and District 0063
Initiative: Transfers funds to the Maine Commission on Indigent Legal Services for the cost of court-appointed counsel for indigent legal services. These costs are reimbursed from individuals who are partially indigent.
OTHER SPECIAL REVENUE FUNDS | 2009-10 | 2010-11 |
All Other
|
$0 | ($363,897) |
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|
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | ($363,897) |
JUDICIAL DEPARTMENT | ||
DEPARTMENT TOTALS | 2009-10 | 2010-11 |
GENERAL FUND
|
($262,784) | ($10,462,841) |
OTHER SPECIAL REVENUE FUNDS
|
$0 | ($363,897) |
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|
DEPARTMENT TOTAL - ALL FUNDS | ($262,784) | ($10,826,738) |
MAINE COMMISSION ON INDIGENT LEGAL SERVICES
Maine Commission on Indigent Legal Services N077
Initiative: Transfers funds to create the Maine Commission on Indigent Legal Services, including funds for one Executive Director position, one Staff Attorney position, one Administrative Assistant position, one Accounting Clerk position in fiscal year 2009-10 and 6 Financial Screener positions in fiscal year 2010-11.
GENERAL FUND | 2009-10 | 2010-11 |
POSITIONS - LEGISLATIVE COUNT
|
4.000 | 10.000 |
Personal Services
|
$108,632 | $503,415 |
All Other
|
$154,152 | $9,959,426 |
![]() |
![]() |
|
GENERAL FUND TOTAL | $262,784 | $10,462,841 |
Maine Commission on Indigent Legal Services N077
Initiative: Transfers funds to the Maine Commission on Indigent Legal Services for the cost of court-appointed counsel for indigent legal services. These costs are reimbursed from individuals who are partially indigent.
OTHER SPECIAL REVENUE FUNDS | 2009-10 | 2010-11 |
All Other
|
$0 | $363,897 |
![]() |
![]() |
|
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $363,897 |
MAINE COMMISSION ON INDIGENT LEGAL SERVICES | ||
DEPARTMENT TOTALS | 2009-10 | 2010-11 |
GENERAL FUND
|
$262,784 | $10,462,841 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $363,897 |
![]() |
![]() |
|
DEPARTMENT TOTAL - ALL FUNDS | $262,784 | $10,826,738 |
SECTION TOTALS | 2009-10 | 2010-11 |
GENERAL FUND
|
$0 | $0 |
OTHER SPECIAL REVENUE FUNDS
|
$0 | $0 |
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|
SECTION TOTAL - ALL FUNDS | $0 | $0 |
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.