Senate Unanimously Advances Amended Version of Bill Addressing Maine’s Indigent Defense Crisis

The Maine State Senate unanimously approved a bill Tuesday that aims to address the state’s indigent legal defense crisis, incorporating an amendment advanced by the Judiciary Committee earlier this month.

Originally introduced in March by Sen. Anne Carney (D-Cumberland) and Rep. Amy D. Kuhn (D-Falmouth), this legislation looks to make notable changes to the process for ensuring that those who cannot afford an attorney are provided one.

Sens. Carney and Kuhn, who are also Chairs of the Judiciary Committee, introduced some preliminary amendments to the bill that would have significantly pared back its scope, largely reducing it to an emergency funding measure that would have created several new positions.

Removed by Carney and Kuhn in their recommended amendment was a temporary program to allow courts to appoint a private attorney for indigent defendants who are not otherwise able to access representation.

[RELATED: Indigent Defense Legislation Scaled Back as Deadline Approaches for Maine Jails to Release Criminal Defendants If a Lawyer is Not Available]

During the public hearing for LD 1101, this program appeared to be the most controversial aspect of the legislation, with many suggesting that it would “undermine the purpose of the Commission on Public Defense Services and erode the right of the accused to the constitutionally mandated effective assistance of counsel.”

The final amended version of this bill — which has so far received unanimous support — nonetheless still looks to implement this program, albeit in a slightly different form.

Unlike the original draft of this bill, the program is set to expire in February of 2026, nearly a year and a half earlier than it was originally intended to.

The amendment also requires that private attorneys hired to represent low-income defendants use the voucher review and payment authorization systems established by the Commission.

Furthermore, private attorneys participating in this program would be subject to limited review by the Commission.

Much like Carney and Kuhn’s amendment though, this version of the bill makes some changes to the kind of new positions that would be created under its auspices.

The amended bill looks to establish five new Assistant Defender I positions, two Paralegal positions, and one Legal Administrator, estimated to cost the state a total of about $1.2 million annually.

The Commission and judicial branch would also be required to submit a report in January 2026 to the Legislature’s Judiciary Committee about the bill’s implementation.

In addition to this, the report would need to include information on any indigent defendants released from prison as a result of a recent order from Kennebec County Superior Court Justice Michaela Murphy requiring that arrested individuals be released unless they are given a lawyer within 14 days.

Her order also stated that charges must be dropped for those who have been incarcerated for more than 60 days without receiving legal representation.

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As of this week, plans to release these defendants could possibly be on hold pending further appeals to the Maine Supreme Court.

During a public conference Monday, Assistant Attorney General Paul Suitter reportedly argued that Justice Murphy cannot move forward with implementing this order pending his appeals, suggesting that the state’s “writ of habeas corpus” process is not exempt from “appeals-related interruptions.”

According to the Portland Press Herald, Murphy’s order was “unprecedented,” as habeas relief is not typically granted to large and undefined populations collectively.

Murphy did not issue an immediate ruling, however, so it is not yet clear how she intends to proceed.