Legislature passes Sen. Carney bill that would protect Constitutional right to an attorney, promote public safety with bipartisan support
AUGUSTA — Today, the Maine Senate enacted a bill from Sen. Anne Carney, D-Cape Elizabeth, which would increase access to criminal public defense services for those who cannot afford representation. As amended, LD 1101, “An Act to Address the Limited Availability of Counsel in Courts to Represent Indigent Parties in Matters Affecting Their Fundamental Rights,” would build on bipartisan efforts to ensure that all Mainers have their Sixth Amendment right to an attorney fulfilled. Additionally, the bill seeks to address more imminent concerns raised in a March 7 ruling by Justice Micaela Murphy of the Kennebec County Superior Court.
The House enacted LD 1101 by a vote of 105-24, and the Senate enacted the bill by a vote of 31-3. The bill now goes to the Governor’s desk.
“Our State has taken great, bipartisan strides to advance our public defender system in recent years, working to protect the constitutional rights of all Mainers,” said Sen. Carney. “I look forward to continuing that work, while addressing urgent issues as they arise. This bill gives Maine’s Public Defender System the additional resources it desperately needs to comply with Justice Murphy’s order in a way that provides effective representation to the defendants and protects public safety. I am grateful to everyone who ‘leaned in’ to find the necessary resources and shape this legislation, including all members of the Judiciary Committee, and a bipartisan, two-thirds majority of the Legislature.”
LD 1101, as amended, creates five new public defender positions to help represent criminal defendants who do not yet have attorneys. It also creates two paralegal positions and one legal administrator position to support the new public defenders in their handling of these cases. Additionally, this legislation relaxes some of the requirements for private attorneys who wish to serve as court-appointed counsel to represent individuals who cannot afford a lawyer. These provisions will expire on February 1, 2026, and are intended to help the public defense system in working through the immediate need for representation. The resources will also ensure representation of parents in child protection cases who have a Sixth Amendment right to an attorney.
LD 1101 will now go to the desk of Gov. Janet Mills, who has 10 days to sign the bill into law, veto it or allow it to become law without her signature. If the Governor approves the bill, it will go into effect immediately.
Sen. Carney represents Maine Senate District 29, which includes South Portland, Cape Elizabeth and part of Scarborough.
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