House passes emergency funding measure for assigned counsel amid warnings of service disruption

The Maine House on March 11 enacted LD 2059 as an emergency measure, approving required funding for reimbursement of assigned counsel after members described the risk that providers could stop taking assigned cases if payments were not made.

Members recounted recent warnings that a large law firm involved in more than 800 pending cases had told the public defender system it would no longer accept further assignments because of delayed payments. One member said PDS notified assigned counsel that it would run out of money and pay final invoices on March 23 unless emergency funds were made available.

Supporters framed the vote as essential to preserving due process. A floor sponsor noted that backlog caused by COVID and other pressures had previously left many defendants unrepresented and said the payment was required to keep the system functioning: ‘‘Due process is important,’’ the sponsor said, urging colleagues to support emergency enactment so funds could be distributed quickly.

Lawmakers also discussed fiscal sourcing: the supplemental budget proposed using the budget stabilization (rainy day) fund, while the House bill would provide money from the general fund; members warned that using the general fund could create shortfalls relative to the chief executive’s proposed allocations. Despite those concerns, the House recorded more than the two-thirds majority required and passed the measure as an emergency enactment, sending it to the Senate.