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 649-101-6 - DISPOSITION

Current through 2024-29, July 17, 2024
1. In many cases, defense counsel's most
				valuable service to their clients will be rendered at this stage of the
				proceeding. An important part of representation in a juvenile case is planning
				for disposition. Defense counsel should not make or agree to a specific
				dispositional recommendation without the juvenile's consent.
2. Preparation. In preparation for a
				disposition hearing, defense counsel should prepare as for any other
				evidentiary hearing including the consideration of calling appropriate
				witnesses, the preparation of evidence in mitigation of or support of the
				recommended disposition. Among defense counsel's obligations in the disposition
				processes are:
A. To ensure the juvenile is
				not harmed by inaccurate information or information that is not properly before
				the court in determining the disposition to be imposed;
B. To ensure all reasonably available
				mitigating and favorable information that is likely to benefit the juvenile is
				presented to the court;
C. To
				develop a plan which seeks to achieve the least restrictive and burdensome
				disposition alternative that is most acceptable to the juvenile and which can
				reasonably be obtained based on the facts and circumstances of the offense and
				the juvenile's background; and
D.
				To consider preparing any arguments to the judge that highlights the juvenile's
				strengths and the appropriateness of the disposition plan proposed by the
				defense.
E. In preparing for
				disposition, defense counsel should also:
(1)
				Explain to the juvenile the nature of the disposition hearing, the issues
				involved and the alternatives open to the court;
(2) Explain fully and candidly to the
				juvenile the nature, obligations, and consequences of any proposed
				dispositional plan, including the meaning of conditions of probation or
				conditional release, the characteristics of any institution to which commitment
				is possible, and the probable duration of the juvenile's responsibilities under
				the proposed dispositional plan;
(3) When psychological or psychiatric
				evaluations are ordered by the court or arranged by defense counsel prior to
				disposition, defense counsel should explain the nature of the procedure to the
				juvenile and the potential lack of confidentiality of disclosures to the
				evaluator;
(4) Obtain from the
				juvenile relevant information concerning such subjects as his or her background
				and personal history, prior criminal or delinquency record, employment history
				and skills, education, and medical history and condition, and obtain from the
				juvenile sources through which the information provided can be
				corroborated;
(5) Access social,
				psychological, psychiatric or other reports. If helpful or necessary, defense
				counsel should seek to secure the assistance of psychiatric, psychological,
				medical or other expert personnel to evaluate, consult, or testify to aid the
				juvenile at disposition;
(6) Inform
				the juvenile of his or her right to speak at the disposition hearing and assist
				the juvenile in preparing the statement, if any, to be made to the court,
				considering the possible consequences that any admission of guilt may have upon
				an appeal, subsequent retrial or trial on other offenses; and
(7) Collect documents and affidavits to
				support the defense position and, where relevant, prepare witnesses to testify
				at the disposition hearing.