§1802. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[PL 2009, c. 419, §2 (NEW).]
1.
Assigned counsel.
"Assigned counsel" means a private attorney designated by the commission to provide indigent legal services at public expense.
[PL 2009, c. 419, §2 (NEW).]
1-A.
Appellate counsel.
"Appellate counsel" means an attorney who is entitled to payment under Title 15, section 2115‑A, subsection 8 or 9.
[PL 2013, c. 159, §10 (NEW).]
2.
Commission.
"Commission" means the Maine Commission on Public Defense Services under section 1801.
[PL 2023, c. 558, §4 (AMD).]
3.
Contract counsel.
"Contract counsel" means a private attorney under contract with the commission to provide indigent legal services.
[PL 2009, c. 419, §2 (NEW).]
3-A.
Employed counsel.
"Employed counsel" means an attorney employed by the commission to provide indigent legal services in civil proceedings.
[PL 2025, c. 415, §1 (AMD).]
4.
Indigent legal services.
"Indigent legal services" means:
A.
Legal representation provided to an indigent defendant in a criminal case in which the United States Constitution or the Constitution of Maine or federal or state law requires that the State provide representation;
[PL 2025, c. 511, §1 (AMD).]
B.
Legal representation provided to an indigent party in a civil case in which the United States Constitution or the Constitution of Maine or federal or state law, except any provision of Title 18‑C, requires that the State provide representation;
[PL 2025, c. 511, §1 (AMD).]
C.
Legal representation provided to juvenile defendants;
[PL 2025, c. 511, §1 (AMD).]
D.
Legal representation provided to an indigent defendant or party or a juvenile for the purpose of filing, on behalf of that indigent defendant or party or juvenile, a petition for certiorari to the Supreme Court of the United States from an adverse decision of the Law Court on a case for which services were previously provided to that defendant or party or juvenile pursuant to paragraph A, B or C; and
[PL 2025, c. 511, §1 (AMD).]
E.
Services performed by an attorney at the direction of the commission that aid the commission in fulfilling the commission's purpose under section 1801.
[PL 2025, c. 511, §1 (NEW).]
"Indigent legal services" does not include the services of a guardian ad litem appointed pursuant to any provision of Title 18‑C or pursuant to Title 19‑A, section 1658, subsection 2‑A or Title 22, section 4005, subsection 1.
[PL 2025, c. 511, §1 (AMD).]
4-A.
Private attorney.
"Private attorney" means an attorney who is not a public defender, contract counsel, assigned counsel or employed counsel.
[PL 2025, c. 607, §1 (NEW).]
5.
Public defender.
"Public defender" means an attorney employed by the commission to provide indigent legal services in criminal and juvenile proceedings.
[PL 2025, c. 415, §2 (AMD).]
SECTION HISTORY
PL 2009, c. 419, §2 (NEW). PL 2013, c. 159, §10 (AMD). PL 2019, c. 427, §§1, 2 (AMD). PL 2021, c. 676, Pt. A, §3 (AMD). PL 2023, c. 558, §4 (AMD). PL 2023, c. 638, §§2, 3 (AMD). PL 2025, c. 415, §§1, 2 (AMD). PL 2025, c. 511, §1 (AMD). PL 2025, c. 607, §1 (AMD).