Public Defense Services staff have reviewed the Department of Education regulations that became effective July 1, 2023, regarding the Public Service Loan Forgiveness program (PSLF) and have concluded that under these new regulations, some assigned counsel in our program may qualify for PSLF. The relevant changes are outlined in both the NLADA white paper and on page 5 of the application for public service student loan forgiveness provided to staff by the federal student loan servicer MOHELA.
This modification to PSLF is retroactive to the program’s initiation in 2007. PDS however can only certify applications for periods in which PDS, formerly MCILS, was an existing entity, beginning July 1, 2010.
Counsel must bear the responsibility of determining if they meet the relevant definitions required to apply for PSLF. Specifically, whether counsel can meet the definition of “full time” employee based on their participation in this program. Counsel must only apply for certification if they have a good faith basis to believe that they qualify.
PDS can provide Counsel with reports to assist in making this determination to the extent our case management system has access to that data. Those reports may include the number of cases appointed to, or the hours recorded by, Counsel, during the years Counsel participated in our program.
General questions about this process should be directed to Christopher.Guillory@maine.gov. Requests for information or other reports should be directed to Arthur.Washer@maine.gov either by email or by submitting the form below. All employment certifications should be directed to PDS@maine.gov.