reglab/statecodes huggingface dataset:
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 2 - STANDARDS FOR QUALIFICATIONS OF ASSIGNED COUNSEL › Section 649-2-5 - Training

Current through 2024-29, July 17, 2024
The attorney shall annually complete 8 hours of continuing
				  legal education (CLE) approved by the Commission.
The attorney shall meet any specific training requirements of
				  any specialized panels.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 2 - STANDARDS FOR QUALIFICATIONS OF ASSIGNED COUNSEL › Section 649-2-6 - Removal or Suspension from the Roster

Current through 2024-29, July 17, 2024
The Executive Director may remove indefinitely or suspend an
				  attorney from the roster completely or from the roster for certain case types
				  and court locations for any failure to comply with this or any other Commission
				  rule. In addition, the Executive Director may remove indefinitely or suspend an
				  attorney from the roster completely or from the roster for certain case types
				  and court locations if the Executive Director determines that the attorney is
				  no longer qualified to provide quality indigent legal services based on the
				  nature of any criminal charge or on investigation by the Executive Director or
				  the Executive Director's designee of any complaint or other information. The
				  Executive Director's decision to remove or suspend an attorney from the roster
				  shall be in writing and shall reflect the Executive Director's reasoning in a
				  manner sufficient to inform the attorney and the public of the basis for the
				  Executive Director's action.
Attorneys removed indefinitely must re-apply to the
				  Commission if they wish to receive assignments in the future. Attorneys
				  suspended from the roster need not re-apply, but must demonstrate compliance
				  with any conditions made part of a suspension. Removal or suspension may also
				  include a requirement that the attorney immediately identify to the Commission
				  all open assigned cases and file a motion to withdraw in each case.
The Executive Director's decision to remove or suspend an
				  attorney may be appealed to the full Commission pursuant to
				  4 M.R.S.A.
				  §1804(3)(J) and
				  Commission rule 94-649 C hapter 201.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 3 - ELIGIBILITY REQUIREMENTS FOR SPECIALIZED CASE TYPES › Section 649-3-1 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this Chapter, the following terms are defined
				  as follows:
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. Co-counsel.
				"Co-counsel" means an attorney who works with another attorney on a particular
				case. Both attorneys must be counsel of record, professionally responsible for
				the case, and actively participate in the representation of the
				client.
3. Contested Hearing.
				"Contested Hearing" means a hearing at which a contested issue is submitted to
				the court for resolution after evidence is taken or witnesses are
				presented.
4. Homicide. "Homicide"
				means:
A. All offenses contained in
				17-A
				M.R.S.A. §§201
				(Murder),
				202 (Felony Murder), 203
				(Manslaughter), 152 (Attempted Murder), and 152-A (Aggravated Attempted
				Murder).
B.
										29-A
				M.R.S.A.
				§2411(1-A)(D)(1-A)
				(Criminal OUI Causing Death).
C.
				Criminal Conspiracy under
				17-A
				M.R.S.A. §151, Criminal Attempt under
				17-A
				M.R.S.A. §152, and Criminal Solicitation
				under 17-A M.R.S.A. § 153 to commit any of the offenses listed above or to
				commit any crime involving substantially similar conduct.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 3 - ELIGIBILITY REQUIREMENTS FOR SPECIALIZED CASE TYPES › Section 649-3-2 - Powers and Duties of the Executive Director

Current through 2024-29, July 17, 2024
1. The Executive Director shall develop an
				application process for an attorney seeking eligibility for a Specialized Panel
				to demonstrate the minimum qualifications necessary to be placed on a
				Specialized Panel. An applicant for a Specialized Panel must present additional
				information or documents beyond the minimum requirements of this Chapter if
				requested by the Executive Director.
2. The Executive Director shall have the sole
				discretion to make the determination if an attorney is qualified to be placed
				on a Specialized Panel. In addition, the Executive Director shall have the sole
				discretion to grant or deny a waiver pursuant to, and in accordance with,
				Section 4.
3. The Executive Director may, in their sole
				discretion, suspend or remove an attorney from a Specialized Panel at any time
				if there is reasonable grounds to believe the attorney is not meeting the
				minimum eligibility requirements.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 3 - ELIGIBILITY REQUIREMENTS FOR SPECIALIZED CASE TYPES › Section 649-3-3 - Minimum Eligibility Requirements for Specialized Panels

Current through 2024-29, July 17, 2024
1. Homicide. To be Eligible for Homicide
				cases, an attorney must:
A. Practice
				Experience: Have at least five years of criminal defense practice
				experience;
B. Trial/Litigation
				Experience:
1) Have tried before a jury,
				individually or as co-counsel, at least five felony cases within the last ten
				years, at least two of which were Major Felony, Homicide, or Class C or higher
				Sex Offense cases;
2) Have tried
				before a jury, individually or as co-counsel, at least one Homicide case in the
				last fifteen years;
C.
				Demonstrate a knowledge and familiarity with the evidentiary issues relevant to
				Homicide cases, including but not limited to forensic and scientific issues
				relating to DNA testing and fingerprint analysis, mental health issues, and
				eyewitness identification;
D.
				Provide a letter explaining reasons for interest in and qualifications for
				representing individuals charged with Homicide;
E. Have submitted to the Commission three
				letters of reference from attorneys with whom the applicant does not practice,
				that assert that the applicant is qualified to represent individuals charged
				with Homicide, including OUI manslaughter. The letters of reference must be
				submitted directly to the Executive Director by the authors; and
F. Certify that they have read, understand,
				and agree to comply with all Commission standards of practice.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 3 - ELIGIBILITY REQUIREMENTS FOR SPECIALIZED CASE TYPES › Section 649-3-4 - Waiver of Certain Eligibility Requirements

Current through 2024-29, July 17, 2024
1. An attorney who wishes to receive
				assignments for one or more of the Specialized Panels listed above but who does
				not meet requirements for both (a) years of practice experience and (b) trial
				or litigation experience may seek a waiver of either, but not both,
				requirements.
2. An attorney
				seeking a waiver must provide the Executive Director with written information
				explaining the need for a waiver and the attorney's experience and
				qualifications to provide high-quality representation to the indigent people
				whose charges or litigation matters are covered by this rule.
3. An attorney may apply for a conditional
				waiver if additional time is needed to meet CLE requirements.
4. The Executive Director may consider other
				litigation experience and total years of practice in granting or denying a
				waiver to any attorney.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 3 - ELIGIBILITY REQUIREMENTS FOR SPECIALIZED CASE TYPES › Section 649-3-5 - Overlapping Offenses

Current through 2024-29, July 17, 2024
1. If a case
				involves multiple offenses that are categorized within Specialty Panels,
				counsel must be Eligible for all Specialty Panels that are implicated to accept
				assignment to the case.
2. If an
				offense is categorized as multiple different Specialty Panels, the attorney
				must be Eligible for all Specialty Panels implicated by the offenses to accept
				assignment to the case.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 4 - CASELOAD STANDARDS FOR ASSIGNED COUNSEL AND CONTRACT COUNSEL › Section 649-4-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Points
: the weight assigned to each case type.
B.
Case type
: the type of matter
				to which the attorney is assigned.
C.
Maximum case type
: represents
				the maximum number of cases of a particular case type that an attorney could
				carry at one time, if the attorney only accepted cases of that one
				type.
D.
Average hours per
				case
: the anticipated average number of hours that would be spent on a
				case of a particular type.
E.
Maximum active caseload limit
: the maximum total points across all
				case types that an attorney may carry on their caseload at any given time and
				remain eligible to receive assignments, based on the percentage of an
				attorney's work hours which are dedicated to assigned cases.
F.
Maximum annual hours limit
:
				the presumptive maximum number of hours that the Commission holds an attorney
				should work for consumers of indigent legal services over a rolling 12-month
				period, as modified by the percentage of an attorney's work hours which are
				dedicated to assigned cases.
i. The maximum
				annual hours limit is only used for purposes of applying the caseload limits.
				If an attorney's vouchers exceed the maximum annual hours, the attorney will
				still be paid in accordance with Commission rules.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 4 - CASELOAD STANDARDS FOR ASSIGNED COUNSEL AND CONTRACT COUNSEL › Section 649-4-2 - CASE TYPE CALCULATION

Current through 2024-29, July 17, 2024
A. Criminal &
				Juvenile Cases:
i. In each docket, the charge
				assigned the highest points-at the time of appointment-determines the case
				type.
ii. Other offenses contained
				within a single charging instrument are not assigned a point value.
iii. If an attorney represents a client on
				multiple dockets, each docket is considered a separate case. Each separate case
				is assigned cumulative points.
iv.
				The point value assigned is applicable to each case from assignment through
				disposition of the matter. Post-conviction reviews and probation violations are
				considered new case types, regardless of whether the attorney represented the
				client in the original case.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 4 - CASELOAD STANDARDS FOR ASSIGNED COUNSEL AND CONTRACT COUNSEL › Section 649-4-3 - POINTS

Current through 2024-29, July 17, 2024
A. The Commission
				has established the following point values for each respective case type:
Case Type:
Points:
Maximum Case Type:
Average Hours Per Case:
Class A Crime
4
67
29.6
Class B & C Person Crime
3
90
22.2
Class B & C Property Crime
2
135
14.8
Class D & E Crime
1
270
7.4
Probation Violation
1.25
216
9.25
Post-Conviction Review
6
45
44.4
Appeal
10
27
74
Juvenile
2
135
14.8
Lawyer of the Day (per appearance)
0.5
540
3.7
Protective Custody
5
54
37
Involuntary Commitment
1.25
216
9.25
Inv. Commit. Appeal to Superior Court
2
135
14.8
Emancipation
0.75
357
5.6
Probate
3
90
22.2
Specialty Courts (per appearance)
0.5
540
3.7
Pet. for Mod. of Release or Treatment
3
90
22.2
Petition for Release
3
90
22.2
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 4 - CASELOAD STANDARDS FOR ASSIGNED COUNSEL AND CONTRACT COUNSEL › Section 649-4-4 - LIMITS

Current through 2024-29, July 17, 2024
A. The Commission
				has established a maximum active caseload limit of 270 points, based on a
				presumptive maximum annual hours limit of 2,000. An attorney whose caseload
				exceeds 270 points at any one time is ineligible to receive additional
				assignments to represent consumers of indigent legal services, unless granted a
				waiver pursuant to Section
				7 below.
B. The applicable maximum caseload and hours
				limits are reduced proportionately, based upon the percentage of the attorney's
				work hours that are dedicated to Commission cases. The following chart reflects
				this calculation, based on an active caseload limit of 270 points and an annual
				limit of 2,000 billed hours:
% of Attorney's Work Hours Spent on Commission
							 Cases:
Maximum Active Caseload Limit:
Maximum Annual Hours Limit:
100%
270
2,000
75%
202
1500
50%
135
1000
25%
67
500
10%
27
200
C.
				Case Closed:
i. When a case is closed in the
				Commission's case management system, the points assigned to that case are
				deducted from the attorney's active caseload points total.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 4 - CASELOAD STANDARDS FOR ASSIGNED COUNSEL AND CONTRACT COUNSEL › Section 649-4-5 - APPLICATION

Current through 2024-29, July 17, 2024
A. Applicable
				Caseload Limit:
i. All attorneys accepting
				assignments to represent consumers of indigent legal services are required to
				annually certify to the Commission approximately what portion of their annual
				working hours are dedicated to assigned cases.
ii. All attorneys who are eligible to accept
				case assignments on the effective date of this rule must submit their first
				certification not later than 30 calendar days after the effective date of this
				rule and by July 15th of that year and every year
				thereafter, as outlined below.
iii.
				Attorneys who apply to accept Commission cases will be required to submit this
				certification prior to receiving case assignments.
iv. Attorneys who renew their eligibility to
				accept Commission cases must, at the time of the submission of their renewal
				application, submit a new certification of approximately what portion of their
				annual working hours are dedicated to assigned cases. This certification must
				be submitted to the Commission no later than July
				15th of each year.
v. After a certification is submitted, the
				attorney's maximum active caseload limit will be set in the Commission's
				information management system.
vi.
				If an attorney's workload percentages change significantly prior to the annual
				certification, the attorney can request that the Commission adjust their
				maximum caseload and/or hours limits.
1.
				Attorneys will always have the ability to opt out of case types and courts to
				reduce the number of new assignments they receive.
vii. This certification must be completed on
				the form provided by the Commission.
viii. Failure to complete the certification
				as required will result in suspension from all rosters until the certification
				has been completed to the satisfaction of the Executive Director or their
				designee.
ix. Suspected
				falsification of a certification will result in the initiation of a Commission
				assessment and/or investigation.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 4 - CASELOAD STANDARDS FOR ASSIGNED COUNSEL AND CONTRACT COUNSEL › Section 649-4-6 - EXCEPTIONS

Current through 2024-29, July 17, 2024
A. If an attorney
				has reached the maximum active caseload and/or annual hours limit, the attorney
				may exceed those limits to accept new assigned cases for a client the attorney
				then presently represents. The points and hours associated with the new cases
				will be calculated and added to the attorney's total in accordance with this
				rule.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 4 - CASELOAD STANDARDS FOR ASSIGNED COUNSEL AND CONTRACT COUNSEL › Section 649-4-7 - WAIVER

Current through 2024-29, July 17, 2024
A. An attorney may
				apply for a temporary waiver of the maximum active caseload limit.
B. A temporary waiver may be granted for a
				period of up to 6 months.
C.
				Application must be made to the Executive Director or their designee in the
				manner designated by the Commission.
D. Waivers are discretionary and will only be
				granted for good cause.
E. In
				determining whether to grant a waiver, the Executive Director or their designee
				may consider some or all the following factors:
i. The attorney's representation about their
				current capacity to accept additional cases;
ii. The reason the waiver is being
				requested;
iii. The attorney's
				experience level;
iv. Whether the
				attorney has support staff;
v.
				Whether the attorney represents a client in multiple, related dockets which
				require less time to resolve;
vi.
				To the extent that data is available to the Commission, whether the attorney
				practices primarily in courts experiencing longer average times to resolution
				of cases; and/or
vii. Any other
				factors relevant to whether in the discretion of the Executive Director or
				designee the waiver should be granted.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 101 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT JUVENILES IN JUVENILE COURT PROCEEDINGS › Section 649-101-1 - SCOPE & PURPOSE

Current through 2024-29, July 17, 2024
1. These Standards
				apply whenever defense counsel is assigned pursuant to the Maine Commission on
				Indigent Legal Services' (MCILS) jurisdiction to provide representation to
				juveniles charged with juvenile or adult crimes who are financially unable to
				retain defense counsel and who are entitled to representation pursuant to the
				United States and Maine Constitutions.
2. These standards are intended as a guide
				for assigned defense counsel and for use by MCILS in evaluating, supervising
				and training assigned counsel. Although MCILS understands that not every action
				outlined in these standards is necessary in every case, the Commission will
				apply these standards, the Maine Rules of Criminal Procedure, the Maine
				Juvenile Code, and the Maine Rules of Professional Conduct, as well as all
				other Commission policies and procedures in evaluating the performance or
				conduct of counsel.
3. Role of
				defense counsel for the juvenile. The paramount obligation of defense counsel
				for the juvenile is to provide zealous and quality representation to the
				juvenile at all stages of the process. Defense counsel's personal opinion of
				the juvenile's guilt is not relevant to the defense of the case.
4. Expressed Preferences of the Juvenile
A. Defense counsel should represent the
				juvenile's expressed preferences and follow the juvenile's direction throughout
				the course of litigation. Defense counsel should refrain from the waiving of
				substantial rights or the substitution of their own view or the parents' wishes
				for the position of the juvenile. In addition, defense counsel has a
				responsibility to advise the juvenile as to potential outcomes of various
				courses of action.
B. Defense
				counsel should advise the juvenile, present the juvenile with comprehensible
				choices, help the juvenile reach his or her own decisions and advocate the
				juvenile's viewpoint and wishes to the Court.
C. Defense counsel may request the
				appointment of a guardian
ad litem
> if there are concerns
				for the juvenile's safety, well-being, or physical, mental, or emotional health
				and defense counsel believes a guardian
ad litem
is necessary
				to advocate for the best interest of the juvenile.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 101 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT JUVENILES IN JUVENILE COURT PROCEEDINGS › Section 649-101-2 - GENERAL AUTHORITY AND DUTIES

Current through 2024-29, July 17, 2024
1. Basic Competency
				of Defense Counsel in Juvenile Proceedings
A.
				Before agreeing to defend a juvenile, defense counsel has an obligation to make
				sure that they have sufficient time, resources, knowledge and experience to
				offer quality representation to the juvenile. Before defending a juvenile,
				defense counsel should observe juvenile court, including every stage of a
				juvenile proceeding, and have a working knowledge of juvenile law and
				practice.
B. Defense counsel should
				accept the more serious and complex cases only after having had experience
				and/or training in less complex juvenile matters. Where appropriate, defense
				counsel should consult with more experienced counsel to acquire knowledge and
				familiarity with all facets of juvenile representation, including information
				about the practices of judges, prosecutors, juvenile community corrections
				officers, and other court personnel.
C. There are special hearings for a juvenile,
				such as a bind-over hearing, in which defense counsel may not have the
				necessary skills and resources to represent the juvenile. In those proceedings
				defense counsel may need to consult with or seek co-counsel with adequate
				experience in these matters.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 101 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT JUVENILES IN JUVENILE COURT PROCEEDINGS › Section 649-101-3 - INITIAL OBLIGATIONS

Current through 2024-29, July 17, 2024
1. Prompt Action to
				Protect the Juvenile
Many important rights of the juvenile in juvenile court
				  proceedings can be protected only by prompt advice and action. Defense counsel
				  should immediately inform the client of their rights and pursue any
				  investigatory or procedural steps necessary to protect the juvenile's
				  interests.
2. Advocate for
				the Juvenile's Release from Detention
A.
				Defense counsel has an obligation to attempt to secure the pretrial release of
				the juvenile under the conditions most favorable and acceptable to the juvenile
				unless contrary to the expressed wishes of the juvenile.
B. Defense counsel should be prepared to
				present to the juvenile judge a statement of the factual circumstances and the
				legal criteria supporting release including challenges to probable cause and to
				make a proposal concerning conditions of release.
C. Defense counsel should determine whether a
				parent or other adult is able and willing to assume custody of the juvenile.
				Defense counsel should be aware that most juvenile courts will not release a
				juvenile without a responsible adult in court willing to take custody. Every
				effort should be made to locate and contact such a responsible adult.
D. Defense counsel should arrange to have
				witnesses to support release and have anyone the juvenile wishes to have
				present at any hearing.
E. If the
				juvenile is released, defense counsel should fully explain the conditions of
				release to the juvenile and the juvenile's custodian and advise both of the
				potential consequences of a violation of those conditions.
F. Following the detention hearing, defense
				counsel should continue to advocate for release of a juvenile or expeditious
				placement.
G. Whenever a juvenile
				is held in some form of detention, defense counsel should periodically visit
				the client.
H. Whenever a juvenile
				is held in some form of detention, defense counsel should be prepared for an
				expedited adjudicatory hearing.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 101 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT JUVENILES IN JUVENILE COURT PROCEEDINGS › Section 649-101-4 - PREADJUDICATION

Current through 2024-29, July 17, 2024
1. Diversion/Informal Adjustment
Defense counsel should be familiar with diversionary programs
				  and alternative solutions available in the community. Such programs may include
				  diversion, mediation, or other alternatives that could result in a juvenile's
				  case being dismissed or handled informally. When appropriate and available,
				  defense counsel should advocate for the use of informal mechanisms that could
				  divert the juvenile's case from the formal court process.
2. Mental Health Examinations
Preserve Rights in Mental Health Examinations. Throughout a
				  juvenile proceeding, the judge may order a mental health examination of the
				  juvenile. Admissions made during such examinations are not protected from
				  disclosure. Defense counsel should ensure the juvenile understands the
				  consequences of admissions during such examinations and advise the juvenile on
				  the lack of confidentiality and that personal information about the juvenile or
				  the juvenile's family will be revealed to the court or other personnel.
3. Competency and Insanity
A. Competency
(1) Defense counsel should be familiar with
				procedures for a determination of mental incompetence under the Maine Juvenile
				Code and Maine Rules of Criminal Procedure;
(2) Although the juvenile's expressed
				interests ordinarily control, defense counsel may question capacity to proceed
				without the juvenile's approval or over the juvenile's objection, if
				necessary;
(3) If at any time, the
				juvenile's behavior or mental ability indicates that he or she may be
				incompetent, or may be mentally retarded, defense counsel should request the
				court issue an order for a juvenile to be examined for competency to stand
				trial through State Forensics. Prior to the evaluation by the expert, defense
				counsel should request from the child and provide to the experts all relevant
				documents including but not limited to prior psychological/psychiatric
				evaluations, school records and any other important medical records;
				and
(4) Defense counsel should
				prepare for and participate fully in the competency hearing.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 101 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT JUVENILES IN JUVENILE COURT PROCEEDINGS › Section 649-101-5 - ADJUDICATORY HEARINGS

Current through 2024-29, July 17, 2024
1. Client
				Explanation
Defense counsel should explain to the juvenile, in a
				  developmentally appropriate manner, what is expected to happen before, during
				  and after each hearing. The attorney should advise the juvenile as to suitable
				  courtroom dress and demeanor.
2. Materials Available. Where appropriate,
				defense counsel should have the following materials available at the time of
				trial:
A. Copies of all relevant documents
				filed in the case;
B. Relevant
				documents prepared by investigators;
C. Outline or draft of opening
				statement;
D. Cross-examination
				plans for all possible prosecution witnesses;
E. Direct examination plans for all
				prospective defense witnesses;
F.
				Copies of defense subpoenas;
G.
				Prior statements of all prosecution witnesses (e.g. police reports);
H. Prior statements of all defense
				witnesses;
I. Reports from all
				experts;
J. A list of all defense
				exhibits, and witnesses;
K.
				Originals and copies of all documentary exhibits;
L. Copies of all relevant statutes and cases;
				and
M. Outline or draft of closing
				argument.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 101 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT JUVENILES IN JUVENILE COURT PROCEEDINGS › Section 649-101-7 - APPEAL

Current through 2024-29, July 17, 2024
1. Defense counsel should advise the client
				of the right to appeal and should implement the client's decision in that
				regard. If an appeal is taken, defense counsel should timely file the
				appropriate notice of appeal and request a transcript of the prior court
				proceedings.
2. Where there is an
				appeal, defense counsel should consider requesting a stay of execution of any
				sentence, particularly one of incarceration.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-1 - SCOPE & PURPOSE

Current through 2024-29, July 17, 2024
1. These Standards
				apply whenever defense counsel is assigned pursuant to the Maine Commission on
				Indigent Legal Services' (MCILS) jurisdiction to provide representation to
				adults charged with crimes who are financially unable to retain defense counsel
				and who are entitled to representation pursuant to the United States and Maine
				Constitutions.
2. These standards
				are intended as a guide for assigned defense counsel and for use by MCILS in
				evaluating, supervising and training assigned defense counsel. Although MCILS
				understands that not every action outlined in these standards is necessary in
				every case, the Commission will apply these standards, the Maine Rules of
				Criminal Procedure and the Maine Rules of Professional Conduct, as well as all
				other Commission policies and procedures when evaluating the performance or
				conduct of counsel.
3. The Function
				of Defense Counsel
A. Defense counsel for the
				accused is an essential component of the administration of criminal justice. A
				court properly constituted to hear a criminal case must be viewed as a
				tripartite entity consisting of the judge (and jury, where appropriate),
				counsel for the prosecution, and counsel for the accused.
B. The basic duty defense counsel owes to the
				administration of justice as an officer of the court is to serve as the
				accused's counselor and advocate and to render effective, quality
				representation.
C. Defense counsel,
				in common with all members of the bar, is subject to standards of conduct
				stated in statutes, rules, decisions of court, and codes, canons, or other
				standards of professional conduct. Defense counsel has no duty to execute any
				directive of the accused here thereafter "client") which does not comport with
				law or such standards.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-2 - ATTORNEY QUALIFICATIONS

Current through 2024-29, July 17, 2024
1. Education,
				Training and Experience of Defense Counsel
A.
				To provide quality representation, defense counsel must be familiar with the
				substantive criminal law and the law of criminal procedure and its application
				in the particular jurisdiction. Defense counsel has a continuing obligation to
				stay abreast of changes and developments in the law. Where appropriate, defense
				counsel should also be informed of the practice of the specific judge before
				whom a case is pending.
B. Prior to
				handling a criminal matter, defense counsel should have sufficient experience
				or training to provide quality representation. Defense counsel should accept
				the more serious and complex criminal cases only after having had experience
				and/or training in less complex criminal matters. Where appropriate, defense
				counsel should consult with more experienced counsel to acquire knowledge and
				familiarity with all facts of criminal representation, including information
				about practices of prosecutors and other court personnel.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-3 - SCOPE OF REPRESENTATION

Current through 2024-29, July 17, 2024
1. Provision of
				Quality Representation
Defense counsel shall provide to their clients quality
				  representation equivalent to that provided by a skilled, knowledgeable and
				  conscientious counsel to retained clients. The paramount obligation of defense
				  counsel is to provide high quality, effective representation and diligent and
				  zealous advocacy for the client at all stages of the representation.
2. Delays; Punctuality; Workload
A. Defense counsel should not carry a
				workload that, by reason of its excessive size, interferes with the rendering
				of quality representation, endangers the client's interest in the speedy
				disposition of charge(s), or may lead to the breach of professional
				obligations.
B. Defense counsel
				should act with reasonable diligence and promptness in representing a
				client.
C. Defense counsel should
				avoid unnecessary delay in the disposition of cases. Defense counsel should be
				punctual in attendance at court proceedings and in the submission of all
				motions, briefs and other papers. Defense counsel should emphasize to the
				client and all witnesses the importance of punctuality in attendance in
				court.
D. Defense counsel should
				not knowingly make a false statement of fact or law to the court in order to
				obtain a continuance.
E. Defense
				counsel should not intentionally use procedural devices for delay for which
				there is no legitimate basis.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-4 - LAWYER-CLIENT RELATIONSHIP

Current through 2024-29, July 17, 2024
1. General Duties
				of Defense Counsel
A. Defense counsel must be
				alert to all potential and actual conflicts of interest that would impair
				defense counsel's ability to represent a client.
B. Upon receiving notice of an assignment,
				counsel should contact the client to schedule an initial meeting and should
				maintain regular contact with the client thereafter. Counsel should initiate
				contact with the client by telephone or by mail as soon as practicable and in
				any event within at least 7 days of being notified of the assignment. If a
				client is in custody, counsel should meet and interview the client within at
				least 7 days of being notified of the assignment. If the client is not in
				custody, counsel should meet with the client prior to the deadline for filing
				initial motions. Counsel should endeavor to establish a relationship of trust
				and open communication with the client and should diligently advocate the
				client's position within the bounds of the law and the Maine Rules of
				Professional Conduct.
C. Defense
				counsel should take all reasonable steps necessary to ensure that confidential
				communications between defense counsel and the client are conducted in privacy.
				This may include making efforts to request that the court and other officials
				make reasonable accommodations for private discussions between defense counsel
				and clients in courthouses, lockups, jails, prisons, detention centers, and
				other places where a client must confer with defense counsel.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-5 - INITIAL INTERVIEW

Current through 2024-29, July 17, 2024
1. Purpose
The purpose of the initial interview is to acquire
				  information from the client concerning pretrial release (if needed), to provide
				  the client with information concerning the case and to begin to develop
				  knowledge of the facts of the case. Defense counsel should ensure at this and
				  all successive interviews and proceedings that barriers to communication, such
				  as differences in language or literacy, be overcome.
2. General Duties of Defense Counsel
A. Where defense counsel is unable to
				communicate with the client because of either language differences or mental
				disability, the defense counsel shall take whatever steps are necessary to
				insure that he/she is able to communicate with the client and that the client
				understands the proceedings. Such steps would include having defense counsel
				obtain expert assistance including an interpreter for pretrial preparation,
				interviews, and investigation, as well as in-court proceedings.
B. To ensure the preservation, protection and
				promotion of the client's rights and interests, defense counsel must make
				accommodations where necessary due to a client's special circumstances, such as
				youth, mental or physical disability, or foreign language barrier.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-6 - CASE REVIEW & PREPARATION

Current through 2024-29, July 17, 2024
1. Defense counsel
				has a duty to conduct an independent case review regardless of the client's
				admissions or statements to the lawyer of facts constituting guilt. The review
				should be conducted as promptly as possible.
2. Sources of case information may include
				the following:
A.
Charging
				Documents
> - Copies of all charging documents in the case should be
				obtained and examined to determine the specific charges that have been brought
				against the accused. The relevant statutes and precedents should be examined to
				identify:
(1) the elements of the offense(s)
				with which the accused is charged;
(2) the defenses, ordinary and affirmative,
				that may be available;
(3) any
				defects in the charging documents, constitutional or otherwise, such as statute
				of limitations, double jeopardy, or irregularities in the Grand Jury
				proceedings.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-7 - CONTROL & DIRECTION OF THE CASE

Current through 2024-29, July 17, 2024
1. Theory
				of the Case. During investigation and trial preparation, defense counsel should
				develop and continually reassess a theory of the case.
2. Implementation
A. Defense counsel should develop an overall
				theory of the case that encompasses the best interest of the client and the
				realities of the client's situation in order to assist counsel in evaluating
				choices throughout the course of the representation.
B. Defense counsel should allow the case
				theory to focus the investigation and trial preparation of the case, seeking
				out and developing the facts and evidence that the theory makes material, but
				defense counsel should not become a "prisoner" of his or her theory.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-8 - GENERAL TRIAL PREPARATION

Current through 2024-29, July 17, 2024
1. The decision to
				proceed to trial with or without a jury rests solely with the client. Defense
				counsel should discuss the relevant strategic considerations of this decision
				with the client.
2. Where
				appropriate, defense counsel should have the following materials available at
				the time of trial:
A. copies of all relevant
				documents filed in the case;
B.
				relevant documents prepared by investigators;
C. voir dire questions;
D. outline or draft of opening
				statement;
E. cross-examination
				plans for all possible prosecution witnesses;
F. direct examination plans for all
				prospective defense witnesses;
G.
				copies of defense subpoenas;
H.
				prior statements of all prosecution witnesses (e.g., transcripts, police
				reports);
I. prior statements of
				all defense witnesses;
J. reports
				from defense experts;
K. a list of
				all defense exhibits, and the witnesses through whom they will be
				introduced;
L. originals and copies
				of all documentary exhibits;
M.
				proposed jury instructions with supporting case citations;
N. copies of all relevant statutes and
				cases;
O. outline or draft of
				closing argument.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-9 - VOIR DIRE AND JURY SELECTION

Current through 2024-29, July 17, 2024
1. Defense counsel
				should be familiar with the procedures by which a jury venire is selected in
				the particular jurisdiction and should be alert to any potential legal
				challenges to the composition or selection of the venire.
2. Defense counsel should be familiar with
				the local practices and the individual trial judge's procedures for selecting a
				jury from a panel of the venire, and should be alert to any potential legal
				challenges to these procedures.
3.
				Prior to jury selection, defense counsel should review the prospective juror
				list and juror questionnaire.
4.
				Where appropriate, defense counsel should develop voir dire questions in
				advance of trial. Defense counsel should tailor voir dire questions to the
				specific case. Among the purposes voir dire questions should be designed to
				serve are the following:
A. to elicit
				information about the attitudes of individual jurors, which will inform about
				peremptory strikes and challenges for cause;
B. to convey to the panel certain legal
				principles which are critical to the defense case.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-10 - PRESENTING THE DEFENSE CASE

Current through 2024-29, July 17, 2024
1. Defense counsel
				should develop, in consultation with the client, an overall defense strategy.
				In deciding on defense strategy, defense counsel should consider whether the
				client's interests are best served by not putting on a defense case, and
				instead relying on the prosecution's failure to meet its constitutional burden
				of proving each element beyond a reasonable doubt.
2. Confronting the Prosecution's Case
A. Defense counsel should attempt to
				anticipate weaknesses in the prosecution's proof and consider researching and
				preparing corresponding motions for judgment of acquittal.
B. Defense counsel's belief or knowledge that
				the witness is telling the truth does not preclude cross-examination.
C. In preparing for cross-examination,
				defense counsel should be familiar with the applicable law and procedures
				concerning cross-examinations and impeachment of witnesses. In order to develop
				material for impeachment or to discover documents subject to disclosure,
				defense counsel should be prepared to question witnesses as to the existence of
				prior statements which they may have made or adopted.
D. In preparing for cross-examination,
				defense counsel should:
(1) consider the need
				to integrate cross-examination, the theory of the defense and closing
				argument;
(2) consider whether
				cross-examination of each individual witness is likely to generate helpful
				information;
(3) anticipate those
				witnesses the prosecutor might call in its case-in-chief or in
				rebuttal;
(4) consider a
				cross-examination plan for each of the anticipated witnesses;
(5) be alert to inconsistencies in witnesses'
				testimony;
(6) be alert to possible
				variations in witnesses' testimony;
(7) review all prior statements of the
				witnesses and any prior relevant testimony of the prospective
				witnesses;
(8) where appropriate,
				review relevant statutes and local police regulations for possible use in
				cross-examining police witnesses;
(9) be alert to issues relating to witness
				credibility, including bias and motive for testifying.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-11 - OBLIGATIONS OF COUNSEL IN SENTENCING

Current through 2024-29, July 17, 2024
Among defense counsel's obligations in the sentencing process
				  are:
1. Where a defendant chooses not
				to proceed to trial, to ensure that a plea agreement is negotiated with
				consideration of the sentencing, correctional, and financial
				implications;
2. To ensure the
				client is not harmed by inaccurate information or information that is not
				properly before the court in determining the sentence to be imposed;
3. To ensure all reasonably available
				mitigating and favorable information, which is likely to benefit the client, is
				presented to the court;
4. To
				develop a plan which seeks to achieve the least restrictive and burdensome
				sentencing alternative that is most acceptable to the client, and which can
				reasonably be obtained based on the facts and circumstances of the offense, the
				defendant's background, the applicable sentencing provisions, and other
				information pertinent to the sentencing decision;
5. To ensure all information presented to the
				court which may harm the client and which is not shown to be accurate and
				truthful or is otherwise improper is stricken from the text of the pre-sentence
				investigation report before distribution of the report;
6. To consider the need for and availability
				of sentencing specialists, and to seek the assistance of such specialists
				whenever possible and warranted.
Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES › Chapter 102 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT ADULTS IN CRIMINAL PROCEEDINGS › Section 649-102-12 - SENTENCING OPTIONS, CONSEQUENCES AND PROCEDURES

Current through 2024-29, July 17, 2024
1.
				Defense counsel should be familiar with the sentencing provisions and options
				applicable to the case, including:
A.
				deferred disposition, judgment without a finding, and diversionary
				programs;
B. probation or
				suspension of sentence and permissible conditions of probation;
C. restitution;
D. fines;
E. court costs;
F. imprisonment, including any mandatory
				minimum requirements;
G.
				confinement in mental institution;
H. forfeiture.
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 649-103-1 - SCOPE & PURPOSE

Current through 2024-29, July 17, 2024
1. These Standards
				apply whenever defense counsel is assigned pursuant to the Maine Commission on
				Indigent Legal Services' (MCILS) jurisdiction to provide representation to a
				client whose parental rights are at risk by State action who are financially
				unable to retain defense counsel and who are entitled to representation
				pursuant to Maine statute and/or the United States and Maine Constitutions.
1. These standards are intended as
				a guide for assigned defense counsel and for use by MCILS in evaluating,
				supervising and training assigned counsel. Although MCILS understands that not
				every action outlined in these standards is necessary in every case, the
				Commission will apply these standards, the Maine Rules of Civil Procedure and
				the Maine Rules of Professional Conduct, as well as all other Commission
				policies and procedures, in evaluating the performance or conduct of
				counsel.