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An Act To Implement the Recommendations of the Working Group To Improve the Provision of Indigent Legal Services Concerning the Membership of 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,  the Maine Commission on Indigent Legal Services consists of 5 members, although there are currently only 3 sitting commissioners; and
Whereas,  the Working Group to Improve the Provision of Indigent Legal Services recommended that the membership be expanded in number and diversity; and
Whereas,  new appointments to the commission should be made consistent with the recommendation to adjust the makeup of the commission, and the commission should be operating at full strength as soon as possible; 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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §1803, sub-§§1, 2 and 4, as enacted by PL 2009, c. 419, §2, are amended to read:
 
1. Members; appointment; chair.   The commission consists of 59 members appointed by the Governor and subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary matters and confirmation by the Legislature. The Governor shall designate one member to serve as chair of the commission. One of the members must be appointed from a list of qualified potential appointees provided by the President of the Senate. One of the members must be appointed from a list of qualified appointees provided by the Speaker of the House of Representatives. OneTwo of the members must be appointed from a list of qualified potential appointees provided by the Chief Justice of the Supreme Judicial Court. Two of the members must be appointed from a list of qualified potential appointees provided by the president of a statewide organization representing attorneys. One of the members must be appointed from a list of qualified appointees provided by the Dean of the University of Maine School of Law.
 
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, the president of the statewide organization representing attorneys and the Dean of the University of Maine School of Law shall consider input from persons and organizations with an interest in the delivery of indigent legal services.
 
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 37 members may be attorneys engaged in the active practice of law. A person who is a sitting judge, prosecutor, law enforcement official or indigent legal services provider, or an employee of such a person, may not be appointed to the commission.
 
4. Quorum.  ThreeFive members of the commission constitutes a quorum. A vacancy in the commission does not impair the power of the remaining members to exercise all the powers of the commission.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill is a recommendation of the Working Group to Improve the Provision of Indigent Legal Services. It amends the makeup of the Maine Commission on Indigent Legal Services, based on suggestions of the Sixth Amendment Center, to include appointments suggested by the Dean of the University of Maine School of Law and the president of a statewide organization representing attorneys. It also increases the number of appointments from a list suggested by the Chief Justice of the Supreme Judicial Court from one to 2. The number of members required for a quorum is adjusted from 3 to 5.
In order to ensure the independence of the commission and ensure no appearance of conflict of interest, the bill prohibits the appointment to the commission of a person who is a sitting judge, prosecutor, law enforcement official or indigent legal services provider, or an employee of such a person.