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’
Amend the bill in the emergency preamble by striking out all of the 2nd indented paragraph (page 1, lines 3 to 5 in L.D.) and inserting the following:
Amend the bill by inserting after the enacting clause and before section 1 the following:
‘Sec. 1. 2 MRSA §6, sub-§12 is enacted to read:
12. Range 52. The salary of the executive director of the Maine Commission on Indigent Legal Services is within salary range 52.’
Amend the bill in section 1 in §1801 in the first paragraph by striking out all of the first underlined sentence (page 2, lines 10 to 14 in L.D.) and inserting the following: ' 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, quality indigent legal services, including representation to indigent criminal defendants, juvenile defendants, parents in child protective cases and people facing involuntary commitment to a psychiatric hospital, consistent with federal and state constitutional and statutory obligations.'
Amend the bill in section 1 in §1802 in subsection 1 in the 2nd line (page 2, line 23 in L.D.) by striking out the following: " court" and inserting the following: ' commission'
Amend the bill in section 1 in §1803 in subsection 1 by inserting at the end a new blocked paragraph to read:
‘ 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.’
Amend the bill in section 1 in §1803 by striking out all of subsection 2 (page 3, lines 13 to 15 in L.D.) and inserting the following:
‘ 2. Qualifications. Individuals appointed to the commission must have demonstrated a commitment to quality representation for persons who are indigent and have the skills and knowledge required to ensure that quality of representation is provided in each area of law. No more than 3 members may be attorneys engaged in the active practice of law.’
Amend the bill in section 1 in §1804 by striking out all of subsection 1 (page 3, lines 28 to 30 in L.D.) and inserting the following:
‘ 1. Executive director. The commission shall hire an executive director. The executive director must have experience in the legal field, including, but not limited to, the provision of indigent legal services.’
Amend the bill in section 1 in §1804 in subsection 2 in paragraph E in the first line (page 4, line 1 in L.D.) by striking out the following: " competent" and inserting the following: ' quality'
Amend the bill in section 1 in §1804 in subsection 3 in paragraph A in the 2nd and 3rd lines (page 4, lines 9 and 10 in L.D.) by striking out the following: " any other program necessary to provide high-quality" and inserting the following: ' consider other programs necessary to provide quality'
Amend the bill in section 1 in §1804 in subsection 3 by striking out all of paragraph E (page 4, lines 20 to 22 in L.D.) and inserting the following:
‘ E. Establish minimum qualifications to ensure that attorneys are qualified and capable of providing quality representation in the case types to which they are assigned, recognizing that quality representation in each of these types of cases requires counsel with experience and specialized training in that field;’
Amend the bill in section 1 in §1804 in subsection 3 in paragraph H in the last line (page 4, line 28 in L.D.) by striking out the following: " and"
Amend the bill in section 1 in §1804 in subsection 3 in paragraph I in the last line (page 4, line 31 in L.D.) by striking out the following: " ." and inserting the following: ' ; and'
Amend the bill in section 1 in §1804 in subsection 3 by inserting after paragraph I the following:
‘ J. Develop an administrative review and appeal process for attorneys who are aggrieved by a decision of the executive director, including but not limited to nonpayment of attorney vouchers, contract payments and the awarding of appointments or contracts.’
Amend the bill in section 1 in §1804 in subsection 4 in paragraph D in the last line (page 5, line 3 in L.D.) by inserting after the following: " 2-A" the following: ' , except that rules adopted to establish standards under subsection 2, paragraph B are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A and must be reviewed before final approval by the joint standing committee of the Legislature having jurisdiction over judiciary matters'
Amend the bill by inserting after section 1 the following:
‘Sec. 2. 5 MRSA §959 is enacted to read:
§ 959. Maine Commission on Indigent Legal Services
1. Major policy-influencing positions. The following positions are major policy-influencing positions within the Maine Commission on Indigent Legal Services. Notwithstanding any other provision of law, these positions and their successor positions are subject to this chapter:
A. Executive director.’
Amend the bill in section 2 in subsection 25-A in the 3rd column (page 6, line 7 in L.D.) by striking out the following: " Expenses Only" and inserting the following: ' Legislative Per Diem Plus Expenses'
Amend the bill by inserting after section 4 the following:
‘Sec. 5. 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) |
 |
|
|
| 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) |
|
|
|
| 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) |
|
|
|
| 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 |
|
|
|
| SECTION TOTAL - ALL FUNDS | $0 | $0 |
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment clarifies language in the emergency preamble and elsewhere in the bill to correctly describe when the State is obligated to provide indigent legal services.
This amendment revises language to maintain consistency throughout the bill with regard to quality indigent legal services.
This amendment clarifies that the Maine Commission on Indigent Legal Services designates assigned counsel.
This amendment requires the Governor, the Chief Justice of the Supreme Judicial Court, the President of the Senate and the Speaker of the House of Representatives, when making recommendations and appointments to the commission, to consider input from persons and organizations with an interest in the delivery of indigent legal services.
This amendment requires that the individuals appointed to the commission must have, in addition to the qualifications listed in the bill, the skills and knowledge required to ensure that quality representation is provided in each area of law.
This amendment revises the qualifications for the executive director of the Maine Commission on Indigent Legal Services to provide that the executive director must have experience in the legal field, including, but not limited to, the provision of indigent legal services, but need not be an attorney licensed in this State.
This amendment requires the commission to consider other programs necessary to provide quality and efficient indigent legal services and to recognize, when establishing minimum attorney qualifications, that quality representation in each of these types of cases requires counsel with experience and specialized training in that field.
This amendment requires the commission to develop an administrative and review process for attorneys who are aggrieved by a decision of the executive director.
This amendment provides that the commission’s rules concerning standards governing experience, training and other qualifications for contract counsel and assigned counsel are major substantive rules and must be submitted to and reviewed by the joint standing committee of the Legislature having jurisdiction over judiciary matters before they take effect.
This amendment establishes the executive director as a major policy-influencing position and sets the salary at range 52. This amendment authorizes payment of the legislative per diem to 5 commission members, in addition to expenses.
This amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)