Me. Stat. tit. 4 § 1802

Current through 131st (2023-2024) Legislature Chapter 684
Section 1802 - Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [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.

[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.

[2013, c. 159, §10(NEW).]

2. Commission. "Commission" means the Maine Commission on Public Defense Services under section 1801.
3.Contract counsel. "Contract counsel" means a private attorney under contract with the commission to provide indigent legal services.

[2009, c. 419, §2(NEW).]

3-A.Employed counsel. "Employed counsel" means an attorney employed by the commission to provide legal services directly to persons who are eligible to receive indigent legal services in civil proceedings.
4.Indigent legal services. "Indigent legal services" means legal representation provided to:
A. 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; [2009, c. 419, §2(NEW).]
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; [2019, c. 427, §1(AMD).]
C. Juvenile defendants; and [2019, c. 427, §1(AMD).]
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. [2019, c. 427, §2(NEW).]

"Indigent legal services" does not include the services of a guardian ad litem appointed pursuant to Title 22, section 4005, subsection 1.

[2021, c. 676, Pt. A, §3(AMD).]

5.Public defender. "Public defender" means an attorney employed by the commission to provide legal services directly to persons who are eligible to receive indigent legal services in criminal and juvenile proceedings.

4 M.R.S. § 1802

Amended by 2024, c. 638,§ 3, eff. 8/9/2024.
Amended by 2024, c. 638,§ 2, eff. 8/9/2024.
Amended by 2024, c. 558,§ 4, eff. 3/21/2024.
Amended by 2022, c. 676,§ A-3, eff. 5/2/2022.
Amended by 2019, c. 427,§ 2, eff. 9/19/2019.
Amended by 2019, c. 427,§ 1, eff. 9/19/2019.
Amended by 2013, c. 159,§ 10, eff. 10/9/2013.
2009, c. 419, § 2 (NEW) .