An Act To Address The Limited Availability Of Counsel In Courts To Represent Indigent Parties In Matters Affecting Their Fundamental Rights

132nd Legislature (2025-2026) Introduced by Anne Carney and 1 co-sponsor

Allocates ongoing General Fund money to expand and stabilize appointed counsel for indigent parties in Maine cases affecting fundamental rights.

Became Law without Governor's Signature

#alternativeappointments #appointedcounsel #criminalprocedure

Summary — LD 1101

Title: An Act To Address The Limited Availability Of Counsel In Courts To Represent Indigent Parties In Matters Affecting Their Fundamental Rights
Status: Became law without the Governor’s signature (enacted 2025-04-23)
Introduced: March 14, 2025 | Sponsor: Sen. Carney (Cumberland) | Committee: Judiciary
Subjects: Appointed counsel, alternative appointments, criminal procedure / access to counsel

Purpose and intent

LD 1101 responds to a documented shortage of qualified counsel available to represent indigent persons in court proceedings that implicate fundamental rights. The bill’s primary aim is to expand and stabilize the availability of appointed counsel (or otherwise ensure representation) for low‑income parties in those critical civil and criminal proceedings.

Key provisions (high-level)

The enacted bill, as amended by Committee Amendment “A” (S‑11), provides for measures and General Fund appropriations intended to increase the supply and use of qualified counsel for indigent parties. While the full statutory text is not included here, the bill’s subject matter and fiscal notes indicate it:

Allocates ongoing state General Fund resources to address the shortage of appointed counsel for indigent clients in matters affecting fundamental rights.

Implements or funds changes to the system for appointing counsel (including alternative appointment mechanisms or payments to counsel) to improve representation capacity in courts.

Note: Committee Amendment A was adopted; a House amendment (H‑47) that would have removed funding was indefinitely postponed, so the enacted version contains the appropriations shown below.

Fiscal impact

The Legislature’s fiscal notes for the engrossed bill (LR1299(03)) show continuing General Fund costs to implement the bill:
- FY 2024‑25: $269,022 (one‑time/initial)
- FY 2025‑26: $1,618,794 (ongoing)
- FY 2026‑27: $1,631,975 (ongoing)
- FY 2027‑28 (projection): $1,675,762
- FY 2028‑29 (projection): $1,721,126

An earlier amendment that would have removed these appropriations was considered but was not adopted.

Who is affected

Indigent parties in Maine court proceedings that affect fundamental rights (e.g., certain civil proceedings and criminal matters).

Courts and the judiciary, which will work within any new appointment or funding framework.

Public defense providers and private attorneys who receive appointments or contracts funded by the appropriation.

State General Fund (increased appropriations as shown above).

Legislative and procedural timeline

Referred to Judiciary (3/14/2025); work sessions and committee action in March–April 2025.

Committee reported OTP‑AM; Committee Amendment A (S‑11) adopted.

House amendment H‑47 to remove funding was moved but indefinitely postponed.

Passed both chambers under suspension as an emergency measure requiring a 2/3 vote; enrolled and became law without the Governor’s signature on 4/23/2025.

Expected effect

LD 1101 is intended to increase access to counsel for indigent litigants in cases affecting fundamental rights by providing dedicated state funding and implementing appointment-related changes. The principal measurable effect is increased state General Fund expenditures to support that representation.