An Act To Clarify That Petitions for Certiorari to the Supreme Court of the United States Are Included within the Definition of Indigent Legal Services
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §1802, sub-§4, ¶¶B and C, as enacted by PL 2009, c. 419, §2, are amended to read:
B. An indigent party in a civil case in which the United States Constitution or the Constitution of Maine or federal or state law requires that the State provide representation; and
C. Juvenile defendants . ; and
Sec. 2. 4 MRSA §1802, sub-§4, ¶D is enacted to read:
D. 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 subject to the limitations in section 1804, subsection 3, paragraph N.
Sec. 3. 4 MRSA §1804, sub-§3, ¶¶L and M, as enacted by PL 2017, c. 284, Pt. UUUU, §7, are amended to read:
L. Establish processes and procedures to acquire investigative and expert services that may be necessary for a case, including contracting for such services; and
M. Establish procedures for handling complaints about the performance of counsel providing indigent legal services . ; and
Sec. 4. 4 MRSA §1804, sub-§3, ¶N is enacted to read:
N. Develop a procedure for approving requests by counsel for authorization to file a petition as described in section 1802, subsection 4, paragraph D. Compensation for preparation and filing of the petition may not exceed $1,500.
SUMMARY
This bill includes in the definition of "indigent legal services" the filing, on behalf of an indigent party or defendant or a juvenile, of 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 indigent legal services were provided. This bill also requires the Maine Commission on Indigent Legal Services to develop a procedure for approving requests by counsel for authorization to file a petition for certiorari. Compensation for the preparation and filing of the petition may not exceed $1,500.