reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-2 - GENERAL DUTIES

Current through 2024-29, July 17, 2024
1. Defense counsel
				should adhere to all Maine Commission on Indigent Legal Services (MCILS)
				training, experience, and mentoring requirements.
2. Defense counsel should acquire sufficient
				working knowledge of all relevant federal and Maine laws, regulations,
				policies, and rules. Defense counsel must be familiar with the following
				provisions and be able to recognize when they are relevant to a case:
A. The Adoption and Safe Families Act (ASFA),
				42
				U.S.C. §§
											620 -
				679.
B. Child Abuse Prevention Treatment Act
				(CAPTA), P.L.
				108-36;
C. Indian Child Welfare Act (ICWA)
				25 U.S.C. §§
											1901 -
				1963, the ICWA
				Regulations, 25 C.F.R. Part 23, and the Guidelines for State Courts: Indian
				Child Custody Proceedings, 44 Fed. Reg. 67, 584 (Nov. 26, 1979);
D. Interstate Compact on Placement of
				Children (ICPC);
E. Foster Care
				Independence Act of 1999 (FCIA),
				P.L.
				106-169;
F. Individuals with Disabilities Education
				Act (IDEA), P.L. 91-230;
G. Health
				Insurance Portability and Accountability Act of 1996 (HIPPA), P. L., 104-192
				§ 264,
				42 U.S.C.
				§
											1320d-2 (in relevant part);
H. Immigration laws relating to child welfare
				and child custody;
I. Title 22
				Maine Revised Statutes, Health and Welfare;
J. Title 19-A Maine Revised Statutes,
				Domestic Relations;
K. Maine Rules
				of Evidence;
L. Maine Rules of
				Civil Procedure;
M. Maine Rules of
				Appellate Procedure;
N. Maine Bar
				Rules;
O. Current Maine Case
				Law.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-3 - RELATIONSHIPS WITH CLIENT

Current through 2024-29, July 17, 2024
1. Defense counsel
				should be an advocate for the client's goals.
A. Defense counsel must understand the
				client's goals and pursue them vigorously.
B. Defense counsel must explain that the
				defense counsel's job is to represent the client's interests and regularly
				inquire as to the client's goals, including ultimate case goals and interim
				goals.
C. Defense counsel must
				explain all legal aspects of the case and provide comprehensive counsel on the
				advantages and disadvantages of different options.
D. Defense counsel must not usurp the
				client's authority to decide the case goals.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-4 - INVESTIGATION

Current through 2024-29, July 17, 2024
1. Defense counsel should conduct a thorough
				and independent investigation at every stage of the proceeding.
A. Defense counsel must take all necessary
				steps to prepare each case. A thorough investigation is an essential element of
				preparation.
B. Defense counsel
				cannot rely solely on what the agency caseworker reports about the
				parent.
C. Defense counsel should
				contact service providers who work with the client, relatives who can discuss
				the client's care of the child, the child's teacher or other people who can
				clarify information relevant to the case. If necessary, the attorney should
				request that the Commission authorize the expenditure of funds to hire an
				investigator pursuant to Chapter 302: Procedures Regarding Funds for Experts
				and Investigators.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-5 - INFORMAL DISCOVERY

Current through 2024-29, July 17, 2024
1. Defense counsel
				should request and review all discoverable material in the State agency's case
				file.
A. Defense counsel should request and
				review the agency case file as early during the course of representation as
				possible. The file contains useful documents that defense counsel may not yet
				have and that may instruct defense counsel on the agency's case theory.
(1) If the agency case file is inaccurate,
				defense counsel should seek to correct it.
(2) Defense counsel must request and review
				the case file periodically because information is continually added by the
				agency.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-6 - FORMAL DISCOVERY

Current through 2024-29, July 17, 2024
1. Defense counsel
				should, when needed, use formal discovery methods to obtain information.
A. Defense counsel should know what
				information is needed to prepare for the case and understand the best methods
				of obtaining that information.
(1) Defense
				counsel should become familiar with pretrial discovery requests and motions,
				and use whatever tools are available to obtain necessary information. Defense
				counsel should be aware of the limitations on the use of a subpoena to require
				the release of confidential information without a court order and should have
				subpoenas served in a timely manner to provide time for court involvement in
				the production of the documents sought.
(2) Defense counsel should consider the
				following types of formal discovery: depositions, interrogatories (including
				expert interrogatories), requests for production of documents, requests for
				admissions, and motions for mental or physical examination of a
				party.
(3) Defense counsel should
				file timely motions for discovery and renew these motions as needed to obtain
				the most recent records.
(4)
				Defense counsel, consistent with the client's interests and goals and where
				appropriate, should take all necessary steps to preserve and protect the
				client's rights by opposing discovery requests of other parties.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-7 - COURT PREPARATION

Current through 2024-29, July 17, 2024
1. Defense counsel
				should develop a case theory and strategy to follow at hearings and
				negotiations.
A. Once defense counsel has
				completed the initial investigation and discovery, including interviews with
				the client, defense counsel should develop a strategy for representation. The
				strategy may change throughout the case, as the client makes or does not make
				progress, but the initial theory is important to assist defense counsel in
				staying focused on the client's wishes and on what is achievable.
B. The theory of the case should inform
				defense counsel's preparation for hearings and arguments to the court
				throughout the case. It should also help defense counsel decide what evidence
				to develop for hearings and the steps to take to move the case toward the
				client's ultimate goals (e.g., requesting increased visitation when a parent
				becomes engaged in services).
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-8 - HEARINGS

Current through 2024-29, July 17, 2024
1. Defense counsel should attend and prepare
				for all hearings.
2. Defense
				counsel should prepare and make all appropriate motions and evidentiary
				objections.
A. Defense counsel must file
				motions and evidentiary objections in advance of the hearing whenever
				possible.
B. Defense counsel must
				file briefs in support of motions when necessary.
C. Defense counsel must always be aware of
				preserving issues for appeal.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES › Section 649-103-9 - POST HEARINGS/APPEALS

Current through 2024-29, July 17, 2024
1. Defense counsel
				should review court orders to ensure accuracy and clarity and review with
				client.
A. If written court order does not
				accurately reflect verbal order, defense counsel must take appropriate steps to
				correct it.
B. Defense counsel must
				provide the client with a copy of the final order and review it with client to
				ensure understanding.
C. Defense
				counsel must advise the client of potential consequences of failing to comply
				with order.
D. If the client does
				not agree with the court's order, defense counsel must advise the client of any
				appellate or other post-judgment options for relief.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Appellant
. "Appellant" means
				a person who has filed an appeal.
2.
Commission or MCILS
.
				"Commission" or "MCILS" means the Maine Commission on Indigent Legal
				Services.
3.
Executive
				Director
. "Executive Director" means the Executive Director of the Maine
				Commission on Indigent Legal Services or the Executive Director's
				decision-making designee.
4.
Filing
. "File" or "filed" means delivery of an original document
				to the MCILS Central Office. Delivery may be in-hand, by regular mail, by
				commercial delivery service or the like. Delivery may not be by electronic
				means such as email or facsimile.
5.
MCILS Advisor
. "MCILS
				Advisor" means a MCILS staff member designated by the Commission Chair to act
				as MCILS advisor with respect to an appeal.
6.
Party
. "Party" means the
				person bringing an appeal and the MCILS Executive Director.
7.
Presiding Officer
. "Presiding
				Officer" means the individual appointed by the Commission Chair to conduct the
				appeal proceedings under this Chapter and make a recommended decision to the
				Commission.
8.
Record
.
				"Record" means those materials required by 5 M.R.S. § 9059.
9.
Staff
. "Staff" means an
				employee of MCILS.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-2 - APPLICABILITY; WHO MAY APPEAL

Current through 2024-29, July 17, 2024
1.
Application
A. This rule applies
				to appeals to the Commission from decisions of the Executive Director on issues
				specifically set forth in 4 M.R.S. §1804(3)(J).
B. A decision of the Executive Director
				concerning issues not specifically set forth in 4 M.R.S. §1804(3)(J)
				constitutes final agency action and is not subject to appeal under this
				Chapter.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-3 - BRINGING AN APPEAL

Current through 2024-29, July 17, 2024
1.
Decision,
				reconsideration
. Except as stated below, a decision of the Executive
				Director becomes final if no appeal is filed within the time limits set forth
				in this section. A person aggrieved by a decision of the Executive Director
				may, within 10 days after receipt of the decision of the Executive Director,
				request that the Executive Director reconsider that decision. Such a request
				must be accompanied by additional materials not previously submitted with
				respect to the original decision. If a request for reconsideration is filed in
				accordance with this subsection, the running of that period is tolled, and the
				time for filing a Statement of Appeal shall be 30 calendar days after receipt
				of the decision on reconsideration.
2.
Statement of Appeal
. An
				individual who wishes to appeal a decision must file a written Statement of
				Appeal with MCIS within 30 calendar days after receipt of the Executive
				Director's decision. For purposes of this section, a statement of appeal is
				"filed" on the date it is received at the MCILS Central Office during normal
				business hours.
3.
Contents
				of the Statement of Appeal
. The Statement of Appeal shall include, but
				is not limited to, a copy of the Executive Director's decision, the grounds for
				the appeal, and a statement of the appellant's position.
4. Only issues that have previously been
				decided by the Executive Director can be appealed.
5.
Assignment to Presiding
				Officer
. When a statement of appeal is received, the Commission Chair
				shall assign the appeal to a Presiding Officer, in accordance with Section 5.
				Upon assignment of a Presiding Officer, MCILS staff shall notify the appellant
				in writing of the Presiding Officer's name and contact information and provide
				the appellant with a copy of this Chapter.
6.
Assignment of the MCILS
				Advisor
. When the Commission Chair assigns a Presiding Officer to the
				appeal, the Commission Chair shall also designate the MCILS Advisor. No person
				authorized to make decisions subject to the appeal process may be designated as
				MCILS Advisor.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-4 - CHOICE OF APPEALS PROCESS

Current through 2024-29, July 17, 2024
1. The Presiding
				Officer shall notify the appellant in writing of the option to choose one of
				two appeal processes:
A.
Expedited
				Appeal
. The appellant may choose to rely solely on the documentary
				evidence considered by the Executive Director and the Statement of Appeal. The
				decision to proceed under the Expedited Appeal process is irrevocable once the
				expedited process has commenced.
B.
Hearing on Appeal
. Alternatively, the appellant may request to
				have a hearing pursuant to 5 M.R.S. § 9052.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-5 - PRESIDING OFFICER

Current through 2024-29, July 17, 2024
1.
Appointment
. The Commission Chair shall appoint a Presiding
				Officer to perform the duties and exercise the powers set forth in this
				Chapter. The Presiding Officer must be fair, impartial, unbiased, and able to
				conduct a fair, efficient and effective appeal process.
2.
Who Can Serve
. The Commission
				Chair may appoint any Commissioner or other qualified person as the Presiding
				Officer. The fact that the Presiding Officer is a MCILS rostered attorney does
				not constitute, by itself, direct or indirect personal or financial interest in
				an appeal or its outcome.
3.
Assignment: Removal: Replacement
A. An appeal will be assigned to a Presiding
				Officer who has no personal or financial interest, direct or indirect, in the
				appeal or its outcome, and who has not been involved directly or indirectly in
				the matter that is the subject of the appeal.
B. If a party files a timely charge of bias,
				prejudice or personal or financial interest, either direct or indirect, with
				the Presiding Officer, the Presiding Officer will promptly determine whether to
				recuse from the appeal and will include that determination in the
				record.
C. A Presiding Officer may
				also independently decide to recuse from the appeal if the Presiding Officer
				cannot be fair, impartial and unbiased.
D. When a Presiding Officer decides to recuse
				or cannot continue, the Commission Chair will assign the appeal to a new
				Presiding Officer pursuant to this Section. The Presiding Officer will continue
				the ongoing appeal process, unless the Presiding Officer determines that in
				order to avoid substantial prejudice to any party it is necessary to start the
				process anew.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-6 - MCILS ADVISOR

Current through 2024-29, July 17, 2024
The MCILS Advisor shall:
1. Upon request of the Presiding Officer,
				provide information and documents to the Presiding Officer about the operations
				and administrative procedures of MCILS; and
2. Provide technical and administrative
				assistance to the Presiding Officer at any hearing.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-7 - DEFAULT

Current through 2024-29, July 17, 2024
1.
Failure to appear
. If an
				appellant fails to appear at a hearing, the appellant may be deemed by the
				Presiding Officer to have abandoned the appeal. The Presiding Officer shall
				immediately notify the appellant in writing of the finding of default. If
				within 15 calendar days after the issuance of the notice of default the
				appellant submits information that demonstrates, in the judgment of the
				Presiding Officer, that the appellant had good cause for failing to appear, the
				appeal will be reinstated. If the appellant does not submit such information to
				the Presiding Officer within the timeframe herein, the decision of the
				Executive Director will become final.
2.
Hearing in the absence of the
				appellant
. A hearing may be held in the absence of the appellant when
				the Presiding Officer chooses to proceed with the hearing as an alternative to
				a default.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-8 - EVIDENCE

Current through 2024-29, July 17, 2024
1.
Admissibility
. Evidence shall
				be admitted if it is the kind of evidence upon which reasonable persons are
				accustomed to rely in the conduct of serious affairs.
2.
Testimony
. Witnesses may
				provide testimony orally before the Presiding Officer or in-person by
				deposition, by video, or by a sworn written statement. Parties must ensure that
				witnesses who provide sworn written statements or testimony are available for
				cross-examination at the hearing, although the cross-examination of a witnesses
				may, at the request of a party, take place at a later date.
3.
Irrelevant or repetitious
				evidence
. Evidence that is irrelevant or unduly repetitive may be
				excluded.
4.
Weight of
				evidence
. The fact that evidence is admitted shall not limit the
				authority of the Presiding Officer to determine the weight to be given the
				evidence.
5.
Hearsay
.
				Hearsay evidence shall not be excluded simply because of its hearsay nature.
				The Presiding Officer will, in accordance with law, determine the weight to be
				given to hearsay evidence.
6.
Rules of privilege
. Rules of privilege as provided in the Maine
				Rules of Evidence, Article 5, shall be observed.
7.
Stipulation of facts
. When
				all parties stipulate to a fact, the Presiding Officer may make a finding of
				fact on the basis of the stipulation. Signed statements or on-the-record oral
				statements by parties are sufficient as stipulations.
8.
Official notice of facts
. The
				Presiding Officer may take official notice of a fact upon his or her own
				initiative or at the request of a party. Official notice may be taken of any
				fact of which judicial notice could be taken, and in addition, of any general
				or technical matter within the specialized experience or knowledge of the
				Presiding Officer, and of any statutes, rules and non-confidential public
				records. The Presiding Officer will notify the parties when official notice is
				taken and shall afford the parties an opportunity to contest the substance or
				materiality of the material noticed.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-9 - SUBPOENAS

Current through 2024-29, July 17, 2024
1.
Request for subpoenas
. Any
				party may request the issuance of a subpoena by presenting the request to the
				Presiding Officer. The request must contain:
A. The name and address of the party
				requesting the subpoena; and
B. The
				name and address of the person to be subpoenaed, or other place where the
				person to be subpoenaed may be found; and
C. A brief statement why the testimony or
				evidence of the person to be subpoenaed is relevant to an issue of fact in the
				appeal.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-11 - DISMISSAL OF APPEAL

Current through 2024-29, July 17, 2024
1. At any time
				before receipt of notice of the Presiding Officer's recommended decision, the
				parties may enter into an agreement as to resolution of the issues subject to
				the appeal. If they reach such an agreement, they shall file with the Presiding
				Officer a stipulation of dismissal that outlines the agreement reached. Upon
				receipt, the Presiding Officer shall recommend dismissal to the
				Commission.
2. At any time before
				receipt of notice of the Presiding Officer's recommended decision, the
				appellant may withdraw the appeal by written notice to the Presiding Officer.
				Upon receipt of notice withdrawal of the appeal, the Presiding Officer shall
				recommend dismissal of the appeal.
3. The Commission must dismiss the appeal if
				the Presiding Officer recommends dismissal on the grounds set forth in
				subsection 1 or 2.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-12 - RECOMMENDED DECISION OF THE PRESIDING OFFICER

Current through 2024-29, July 17, 2024
1.
Contents
. Following the hearing or, if the appellant has chosen an
				Expedited Appeal following review of the documentary record, the Presiding
				Officer will prepare a recommended decision, which will include:
A. A clear statement of the subject(s) of the
				appeal and of the issue(s) that must be resolved to decide the
				appeal;
B. A listing of the date of
				hearing, place of hearing, and participants at the hearing or, if no hearing
				was held, the written agreement from the appellant attorney to proceed without
				a hearing;
C. A listing of all
				evidence admitted and upon which the recommended final decision is
				based;
D. Findings of fact, which
				must be sufficient to apprise the parties of the basis for the recommended
				decision;
E. A clear statement of
				result resolving all issues under consideration;
F. A clear explanation of the reasoning
				underlying the result, including references to applicable law, procedures, and
				rules.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 201 - APPEALS OF DECISIONS OF THE EXECUTIVE DIRECTOR › Section 649-201-13 - ACTION BY THE COMMISSION

Current through 2024-29, July 17, 2024
1.
Commission
				Consideration
. A quorum of the Commission will consider the Presiding
				Officer's recommended decision on a timely basis.
2.
Recommended decision and
				record
. In advance of consideration, a copy of the Presiding Officer's
				recommended decision must be sent to each Commissioner, with parties' comments
				as provided in Section 12.
3.
Presiding Officer
. If requested by the Commission, the Presiding
				Officer may be present to assist the Commission. If the Presiding Officer
				appointed by the Commission Chair is a Commissioner, that Commissioner shall
				recuse from consideration of or voting on Commission action on the recommended
				decision.
4.
Action after
				consideration
. After considering the recommended final decision, a
				quorum of the Commission shall:
A. Adopt the
				Presiding Officer's recommended decision as delivered;
B. Modify the Presiding Officer's recommended
				decision;
C. Send the matter back
				to the Presiding Officer for the taking of further evidence or for additional
				consideration of issues, as set forth by the Commission; or
D. Reject the Presiding Officer's recommended
				decision in whole or in part and decide the appeal itself on the basis of the
				existing record.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301 - FEE SCHEDULE AND ADMINISTRATIVE PROCEDURES FOR PAYMENT OF COURT OR COMMISSION ASSIGNED COUNSEL › Section 649-301-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Court
				Assigned Counsel
. "Court Assigned Counsel" means counsel licensed to
				practice law in Maine, designated eligible to receive an assignment to a
				particular case, and initially assigned by a Court to represent a particular
				client in a particular matter.
2.
Commission Assigned Counsel
. "Commission Assigned Counsel" means
				counsel licensed to practice in Maine, designated eligible to be assigned to
				provide a particular service or to represent a particular client in a
				particular matter, and assigned by MCILS to provide that service or represent a
				client.
3.
Counsel
. As
				used in this Chapter "Counsel" means a Court Assigned Counsel or Commission
				Assigned Counsel, or both.
4.
MCILS or Commission
. "MCILS" or "Commission" means the
				Commissioners of the Maine Commission on Indigent Legal Services.
5.
Executive Director
.
				"Executive Director" means the Executive Director of MCILS or the Executive
				Director's decision-making designee.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301 - FEE SCHEDULE AND ADMINISTRATIVE PROCEDURES FOR PAYMENT OF COURT OR COMMISSION ASSIGNED COUNSEL › Section 649-301-2 - HOURLY RATE OF PAYMENT

Current through 2024-29, July 17, 2024
Effective March 1, 2023:
A rate of One Hundred Fifty Dollars ($150.00) per hour is
				  authorized for time spent by Counsel, and billed using MCILS electronic case
				  management system, on an assigned case on or after March 1, 2023. A rate of
				  Eighty Dollars ($80.00) per hour remains authorized for time spent on an
				  assigned case between July 1, 2021 and February 28, 2023. A rate of Sixty
				  Dollars ($60.00) per hour remains authorized for time spent on an assigned case
				  between July 1, 2015 and June 30, 2021 A rate of Fifty-five Dollars ($55.00)
				  per hour remains authorized for time spent on an assigned case between July 1,
				  2014 and June 30, 2015. A rate of Fifty Dollars ($50.00) per hour remains
				  authorized for time spent on an assigned case between the inception of the
				  Commission and June 30, 2014.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301 - FEE SCHEDULE AND ADMINISTRATIVE PROCEDURES FOR PAYMENT OF COURT OR COMMISSION ASSIGNED COUNSEL › Section 649-301-4 - PRESUMPTIVE REVIEW

Current through 2024-29, July 17, 2024
Vouchers submitted for amounts in excess of the applicable
				  trigger for presumptive review will be considered for payment after review by
				  the Executive Director or designee. Vouchers submitted in excess of the trigger
				  for presumptive review must be accompanied by an explanation of the time spent
				  on the matter. The explanation shall be set forth in the notes section of a
				  voucher or invoice.
1.
Trial
				Court Criminal Fees
A. Triggers for
				presumptive review, excluding any itemized expenses, are set in accordance with
				this subsection. Counsel must provide MCILS with written justification for any
				voucher that exceeds the trigger limit.
1)
Murder.
All murder cases shall trigger presumptive
				review.
2)
Class A.
$5,000
3)
Class B and C
				(against person).
$4,000
4)
Class B and C (against property).
$2,500
5)
Class D and E.
$2,500
6)
[Repealed]
7)
Post-Conviction Review.
$3,000
8)
Probation Revocation.
$1,500
9)
Miscellaneous (i.e.
				witness representation on 5th Amendment grounds,
				etc.).
$1,000
10)
Juvenile.
$1,500
11)
Bindover:
applicable criminal class trigger
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301 - FEE SCHEDULE AND ADMINISTRATIVE PROCEDURES FOR PAYMENT OF COURT OR COMMISSION ASSIGNED COUNSEL › Section 649-301-5 - MINIMUM FEES

Current through 2024-29, July 17, 2024
Counsel may bill a minimum fee of 3 hours for appearances as
				  Lawyer of the Day, or in specialty or diversionary courts or programs. A single
				  minimum fee may be charged for each appearance at which the Counsel serves. If
				  Counsel serves as Lawyer of the Day for a morning session that continues into
				  the afternoon, that will be one appearance. If Counsel serves as Lawyer for the
				  Day for a morning session and then a subsequent afternoon session with a second
				  appearance time and list, that will be two appearances. Vouchers seeking the
				  minimum fee must show the actual time expended and the size of the minimum fee
				  adjustment rather than simply stating that the minimum fee is claimed. In
				  addition to previously scheduled representation at initial appearance sessions,
				  Lawyer of the Day representation includes representation of otherwise
				  unrepresented parties at the specific request of the court on a matter that
				  concludes the same day. Only a single minimum fee may be charged per appearance
				  regardless of the number of clients consulted at the request of the
				  court.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301 - FEE SCHEDULE AND ADMINISTRATIVE PROCEDURES FOR PAYMENT OF COURT OR COMMISSION ASSIGNED COUNSEL › Section 649-301-6 - ADMINISTRATION

Current through 2024-29, July 17, 2024
Vouchers for payment of counsel fees and expenses shall be
				  submitted within ninety days of a terminal case event. Lawyer of the Day and
				  specialty courts shall be billed within 90 days of the service provided.
				  Vouchers not submitted within 90-days of a terminal case event cannot be paid,
				  except on a showing by counsel that a voucher could not have been timely
				  submitted for reasons outside the actual or constructive control of counsel.
				  Counsel are encouraged to submit interim vouchers not more often than once
				  every 90 days per case. Counsel may request reconsideration of a voucher
				  rejected between April 1, 2021 and the effective date of this rule if that
				  voucher would be payable under this rule.
Terminal case events are:
1) The withdrawal of counsel
2) The entry of dismissal of all charges or
				petitions
3) Judgment in a case,
				or
4) Final resolution of
				post-judgment proceedings for which counsel is responsible.
The 90 day period for submitting a voucher shall run from the
				  date that an Order, Judgment, or Dismissal is docketed.
1. All vouchers must be submitted using MCILS
				electronic case management program and comply with all instructions for use of
				the system.
2. All time on vouchers
				shall be detailed and accounted for in .10 of an hour increments. The purpose
				for each time entry must be self-evident or specifically stated. Use of the
				comment section is recommended.
3.
				All expenses claimed for reimbursement must be fully itemized on the voucher.
				Copies of receipts for payments to third parties shall be retained and appended
				to the voucher.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301-A - PAYMENT FOR ATTENDING AND REIMBURSEMENT OF EXPENSES INCIDENTAL TO ATTENDING TRAININGS › Section 649-301-A-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Court-Assigned
				Counsel. "Court-Assigned Counsel" means private counsel licensed to practice
				law in Maine, designated eligible to receive an assignment to a particular
				case, and initially assigned by a Court to represent a particular client in a
				particular matter. For the purposes of this rule, "Court-Assigned Counsel" does
				not include any employee of MCILS.
2. Commission-Assigned Counsel.
				"Commission-Assigned Counsel" means private counsel licensed to practice in
				Maine, designated eligible to be assigned to provide a particular service or to
				represent a particular client in a particular matter, and assigned by MCILS to
				provide that service or represent a client. For the purposes of this rule,
				"Commission-Assigned Counsel" does not include any employee of MCILS.
3. Counsel. As used in this Chapter,
				"Counsel" means a Court-Assigned Counsel or Commission-Assigned Counsel, or
				both.
4. MCILS or Commission.
				"MCILS" or "Commission" means the Commissioners of the Maine Commission on
				Indigent Legal Services.
5.
				Training Provided by the Commission. "Training Provided by the Commission"
				means and includes any training, whether or not that training qualifies for CLE
				credit through the Board of Overseers, that is:
a. Prepared and/or presented by MCILS staff
				at a MCILS sponsored event; or,
b.
				Prepared and/or presented on behalf of, or at the direction of, MCILS or its
				staff; and,
c. Is presented live,
				including live webcast; or,
d. Is
				presented through proctored playback of a recording, in whole or in
				part.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301-A - PAYMENT FOR ATTENDING AND REIMBURSEMENT OF EXPENSES INCIDENTAL TO ATTENDING TRAININGS › Section 649-301-A-2 - ELIGIBILITY

Current through 2024-29, July 17, 2024
1. The prerogative
				to request payment or reimbursement pursuant to this Chapter is limited to
				Counsel who-on the date the training occurs-are eligible to receive assignments
				through the MCILS system and are representing five or more assigned
				clients.
2. Payment or
				reimbursement pursuant to this Chapter will only be made to eligible Counsel
				for payment to attend or reimbursement of expenses incidental to attending a
				training provided by the Commission.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301-A - PAYMENT FOR ATTENDING AND REIMBURSEMENT OF EXPENSES INCIDENTAL TO ATTENDING TRAININGS › Section 649-301-A-3 - PAYMENT

Current through 2024-29, July 17, 2024
1. To receive
				payment for attending a training, counsel must attend personally, be engaged
				with the training, and not otherwise engaged or multitasking during its
				presentation. Driving while attending a training is strictly prohibited.
				Counsel will be removed from the training and not paid for any training time
				while driving. Where a training may be provided remotely, counsel must be on
				camera during the entire presentation absent specific direction from the
				presenter to the contrary.
2.
				Notwithstanding any other provisions of this or other Commission rules, payment
				will only be made if counsel attends at least 75% of the instructional time of
				a training provided by the Commission. No payment will be made to counsel who
				attend less than 75% of the instructional time.
3. Payment will be made at the authorized
				rate in effect on the date of the training.
4. Payment will be made for actual training
				time attended, exclusive of breaks.
5. Payment will also be made at the
				then-current hourly rate for time spent traveling to and from the
				training.
6. Payment will be made
				in increments of .1 hours and only for time spent attending the training or
				traveling to and from the training. Counsel may not record, or seek payment
				for, any time spent opening or closing the case file as described in section
				6(3), below.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301-A - PAYMENT FOR ATTENDING AND REIMBURSEMENT OF EXPENSES INCIDENTAL TO ATTENDING TRAININGS › Section 649-301-A-4 - REIMBURSABLE EXPENSES

Current through 2024-29, July 17, 2024
1. Reimbursable
				expenses include only:
a. Training
				registration fees.
b. Mileage.
				Mileage reimbursement shall be made at the State rate applicable to
				confidential state employees on the date of the travel. Mileage is calculated
				based upon the distance between the attorney's office address, or the location
				from which the attorney departs for the training, whichever is nearer to the
				training, and the location of the training. If multiple attorneys travel to a
				training in a single vehicle, only one attorney may be reimbursed for the
				mileage.
c. Tolls. Tolls for travel
				to and from the training. The attorney must have a receipt
d. Hotels. Hotel stays necessary to attend a
				training are reimbursable at the Standard Rate, as set by the U.S. General
				Services Administration, that is effective on the date of the hotel stay.
i. Counsel must receive prior written
				authorization from MCILS for hotel stays to be reimbursable.
ii. Absent exceptional circumstances and at
				the discretion of the Executive Director, hotel stays for attending trainings
				will not be authorized if the training is less than 35 miles from Counsel's
				office.
e. Parking. Fees
				paid to park at a training.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301-A - PAYMENT FOR ATTENDING AND REIMBURSEMENT OF EXPENSES INCIDENTAL TO ATTENDING TRAININGS › Section 649-301-A-5 - MAXIMUM

Current through 2024-29, July 17, 2024
1. Counsel is only
				eligible for payment under this Chapter for a maximum of 40 hours per fiscal
				year, beginning on July 1, 2023. There is no maximum number of billable hours
				pursuant to this Chapter prior to July 1, 2023.
2. The 40-hour maximum includes time spent
				attending and travel for the purpose of attending eligible trainings.
3. For purposes of calculating the maximum
				billable hours, the relevant date is the date of the training for which counsel
				is seeking payment.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 301-A - PAYMENT FOR ATTENDING AND REIMBURSEMENT OF EXPENSES INCIDENTAL TO ATTENDING TRAININGS › Section 649-301-A-6 - ADMINISTRATION

Current through 2024-29, July 17, 2024
1. Enforcement.
				MCILS staff reserve the right to deny Counsel access to a training or to remove
				Counsel from a training to enforce compliance with this policy, Commission
				Rules, or eligibility requirements for a particular training. If Counsel is
				removed from a training by MCILS staff, they will not be paid for the period
				during which they were removed, nor will that period count toward the 75%
				attendance provision of Section 3(2), above.
2. Itemization of Claims. Claims for all
				expenses must be itemized and include documentation. Claims for mileage shall
				be itemized and include the start and end points for the travel in
				question.
3. Payment will be made
				through the MCILS electronic case management system. To request payment,
				counsel must:
a. Create a "case" in the MCILS
				electronic case management system for each training for which counsel requests
				payment or reimbursement. Do not enter a case in the MCILS electronic case
				management system until after the training has occurred. If one training lasts
				multiple days, only one case should be entered for the entire
				training;
b. Court must be set to
				"Training";
c. The file type must
				be set to "TRAIN";
d. Client
				information must reflect counsel's first and last names. Other client
				demographic information does not need to be completed;
e. The docket number will be provided at the
				training and must be entered precisely as provided or payment will not be
				available;
f. Assignment and
				disposition date must both be the date of the training for which payment is
				sought;
g. The charge sequence
				number must be: 100031;
h. The
				disposition must be "Attend Training";
i. The time entry for attendance must be
				"Attend MCILS Training";
j. The
				time entry for travel must be "Training Travel";
k. Expenses, if any, must be itemized;
				and
l. Then create and submit a
				voucher.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 302 - PROCEDURES REGARDING FUNDS FOR EXPERTS AND INVESTIGATORS › Section 649-302-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Executive Director
.
				"Executive Director" means the Executive Director of the Maine Commission on
				Indigent Legal Services or the Executive Director's decision-making
				designee.
2.
MCILS or
				Commission
. "MCILS" or "Commission" means the Maine Commission on
				Indigent Legal Services.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 302 - PROCEDURES REGARDING FUNDS FOR EXPERTS AND INVESTIGATORS › Section 649-302-2 - APPLICATION FOR FUNDS FOR EXPERT AND INVESTIGATIVE ASSISTANCE

Current through 2024-29, July 17, 2024
1.
Who May Apply.
Any person who
				is entitled to representation at state expense under the United States
				Constitution or the Constitution or laws of Maine and who has been found
				indigent by a state court or who claims to be without sufficient funds to
				employ necessary expert or investigative assistance may file, on his or her own
				or through his or her attorney, applications to MCILS for funds to obtain
				expert or investigative assistance or both.
2.
Application Directed to the
				Executive Director.
An application for funds to obtain necessary expert
				or investigative assistance or both shall be directed to the Executive
				Director.
3.
Form and
				Contents of Application.
The application shall:
A. Be in writing and include a case caption
				setting forth the court in which the case is pending, the docket number, and
				the parties;
B. Set forth the date
				on which the applicant was found indigent or, if the applicant has not been
				found indigent, set forth the basis on which the applicant claims to be without
				sufficient funds. For persons not found indigent by a court, the application
				shall be supported by an affidavit demonstrating financial need;
C. Describe the nature of the proceeding for
				which assistance is sought, and in proceedings with respect to adult or
				juvenile crimes, specifically identify each pending charge and class of each
				pending charge;
D. Set forth a
				clear and concise statement of the reasons why the assistance is necessary for
				adequate presentation of the applicant's claim or defense; and E. Set forth a
				clear and concise statement as to the work that will be done by the expert
				and/or investigator.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 302 - PROCEDURES REGARDING FUNDS FOR EXPERTS AND INVESTIGATORS › Section 649-302-3 - DETERMINATION BY THE EXECUTIVE DIRECTOR

Current through 2024-29, July 17, 2024
The Executive Director shall review the application and the
				  grounds therefore and, in the Executive Director's sole discretion, shall
				  either grant the funds applied for, in whole or in part, or deny the
				  application. When granting an application in whole or in part, the Executive
				  Director may condition the expenditure of funds as set forth in MCILS Rule
				  Chapter 301,
Fee Schedule and Administrative Procedures for Payment of
				  Commission Assigned Counsel
, and other MCILS procedures. The
				  determination of the Executive Director shall be in writing and may be
				  communicated to the applicant by electronic means.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 302 - PROCEDURES REGARDING FUNDS FOR EXPERTS AND INVESTIGATORS › Section 649-302-4 - PAYMENT FOR EXPERT OR INVESTIGATIVE ASSISTANCE

Current through 2024-29, July 17, 2024
Upon receipt of an invoice for services for which the
				  expenditure of funds has previously been authorized, the applicant or the
				  applicant's attorney shall forward the invoice to MCILS for processing and
				  payment, together with the relevant authorization. Attorneys shall comply with
				  any procedures established by the Executive Director. The applicant or the
				  applicant's attorney must state that the services were satisfactory and that
				  all applicable reports and other information have been received. The applicant
				  or the applicant's attorney should review the invoice to verify that it
				  conforms to MCILS requirements and that the appropriate rates for services and
				  mileage were billed. The applicant or the applicant's attorney is not required
				  by the Commission to advance funds to investigators or other service providers,
				  subject to any professional conduct requirements. The applicant should make
				  every effort to ensure that the service providers include a State of Maine
				  Vendor Code number on each invoice.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 303 - PROCEDURES REGARDING LEGAL RESEARCH ACCESS AND MATERIALS › Section 649-303-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Executive Director
.
				"Executive Director" means the Executive Director of the Maine Commission on
				Indigent Legal Services or the Executive Director's decision-making
				designee.
2.
MCILS or
				Commission
. "MCILS" or "Commission" means the Maine Commission on
				Indigent Legal Services.
3.
Legal Research Services
. "Legal Research Services" means a
				subscription based online provider of access to primary and/or secondary legal
				research materials. For the purpose of this rule, "Legal Research Services" are
				limited to the provider(s), if any, with which MCILS has contracted to provide
				those materials.
4.
Legal
				Research Materials
. "Legal Research Materials" means other written or
				electronic materials an eligible attorney deems necessary to support the
				representation of a consumer of indigent legal services.
5.
Eligible Attorney
. For the
				purpose of this rule, "Eligible Attorney" means a Maine licensed attorney in
				good standing with the Board of Overseers of the Bar, to whom is or was
				assigned a consumer of indigent legal services in a matter approved by
				MCILS.
6.
Consumer of
				Indigent Legal Services
. "Consumer of Indigent Legal Services" means a
				person entitled to representation at state expense under the United States
				Constitution or the Constitution or laws of Maine and who has been found
				indigent or partially indigent by a state court or by MCILS.