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LD 1802

An Act To Implement The Recommendations Of The Maine Commission On Public Defense Services To Clarify When An Indigent Criminal Defendant Is Entitled To Counsel At State Expense

132nd Legislature (2025-2026) Introduced by Anne Carney

LD 1802: Clarifying Indigent Defendant's Right to Counsel SummaryThis bill aimed to clarify when an indigent criminal defendant is entitled to have legal counsel provided at state

Placed in Legislative Files (DEAD)
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Bill Summary · LD 1802

LD 1802: Clarifying Indigent Defendant's Right to Counsel

Summary

This bill aimed to clarify when an indigent criminal defendant is entitled to have legal counsel provided at state expense. It was introduced on April 29, 2025 based on recommendations from the Maine Commission on Public Defense Services.

Key Provisions

The bill would have:

  1. Established that a criminal defendant is considered "indigent" and entitled to state-funded counsel if their household income is at or below 125% of the federal poverty level.

  2. Required the court to appoint counsel for any indigent defendant facing a potential sentence of incarceration, regardless of the specific charges.

  3. Prohibited courts from requiring indigent defendants to contribute to the cost of their court-appointed counsel.

  4. Directed the Maine Commission on Public Defense Services to develop guidelines for determining indigency and eligibility for state-funded counsel.

Impacts

This legislation was intended to clarify and expand the circumstances under which criminal defendants in Maine have a right to have an attorney provided at no cost.

It would have ensured that all indigent defendants facing potential jail time, not just those charged with certain serious offenses, receive court-appointed counsel. This could have increased access to legal representation for lower-income Mainers accused of crimes.

However, the bill was ultimately placed in the legislative files, meaning it did not pass and did not become law.

Compiled from official sources — confirm details with the bill’s official record.

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