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Maine

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Abuse/Neglect/Dependency - Children

Legislation

March 21, 2017

Legislation: children in dependency cases

This bill would require appointment of counsel for a child in child protective proceedings who is living with a relative.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Guardianship/Conservatorship of Adults - Protected Person

Legislation

October 20, 2024

Report finds counsel infrequently appointed in guardianship cases despite RTC

A report by Disability Rights Maine found 75% of guardianship respondents lacked counsel despite a state right to counsel law.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Other subject area

Legislation

June 25, 2025

LD1378

Would create extreme risk protection order procedure relating to possession of firearms, and authorize court to appoint counsel for the defendant in such cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

Right to counsel

The Supreme Judicial Court of Maine found a state constitutional right to counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect and termination cases.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a child in an abuse or TPR proceeding if requested and for an Indian child if in the child's best interest.

Appointment of Counsel: Discretionary

Qualified: No

No Such Proceeding

Adult Protective Proceedings - Protected Person

Legislation

No such proceeding

Services must be provided by consent, but the department may pursue action through the Probate Code in certain situations.

Appointment of Counsel: No Such Proceeding

Qualified: Yes

Qualified

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

Right to counsel

Maine has a right to counsel for minors seeking judicial approval for an abortion. However, current law no longer requires parental consent.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel in civil commitment proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Forfeiture (incomplete)

Legislation

Key Development

Probable right to counsel absent trial bifurcation

Criminal defendants likely have a right to counsel in matters related to forfeiture of their property, at least if the trial is not bifurcated

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for adults upon request or if the adult contests, at least in plenary guardianship and conservatorship matters.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

Right to counsel

In other protective arrangements and in most conservatorship matters, the court must appoint counsel if the minor requests counsel or contests.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

Key Development

Right to counsel

Indigent nonconsenting parents have the right to counsel in guardianship matters, as do objecting parents in other protective arrangement cases.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Incarceration for Fees/Fines (incomplete)

Litigation

Key Development

Right to counsel

A federal district court recognized a right to counsel in Maine proceedings for incarceration for failure to pay fees/fines.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Involuntary Medical Treatment (incomplete)

Legislation

Key Development

Right to counsel - HIV test

There is a right to counsel where an individual is compelled to submit to an HIV test.

Appointment of Counsel: Yes

Qualified: No

Qualified

Other subject area

Legislation

Key Development

Right to counsel - gun restrictions

A statute permits a court to appoint counsel for a person subject to gun restrictions in certain circumstances.

Appointment of Counsel: Discretionary

Qualified: Yes

Discretionary

Parentage - Defendant/Respondent

Litigation

Key Development

Discretionary appointment of counsel

The Supreme Judicial Court of Maine has indicated that the constitutional right to counsel in paternity cases is on a case-by-case basis.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Parentage - Petitioner or Child

Legislation

Key Development

Right to counsel

The court must appoint counsel for the child in certain paternity proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Quarantine/Isolation

Legislation

Key Development

Right to counsel

There is a right to counsel for the subject of a petition to impose a public health measure, except in an extreme public health emergency.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Sterilization

Legislation

Key Development

Right to counsel

There is a right to counsel for the indigent subject of a sterilization petition.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents in adoption proceedings.

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

Litigation

Key Development

Right to counsel

There is a right to counsel in state-initiated termination cases.

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect and termination cases.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Termination of Parental Rights (State) - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a child in an abuse or TPR proceeding if requested and for an Indian child if in the child's best interest.

Appointment of Counsel: Discretionary

Qualified: No

No Such Proceeding

Truancy - Petition Against Child

Legislation

No such proceeding

In Maine, truancy matters are handled outside of court, except potentially against the parent.

Appointment of Counsel: No Such Proceeding

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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