Rule 18. Dispositional Conference

(a) Appearance required. The defendant and defendant's counsel, if any, shall appear at the dispositional conference. The State shall be represented at the dispositional conference by an attorney who has full authority to make decisions regarding disposition of, and sentencing recommendations regarding, the charges against the defendant.

(b) Participation. The court shall have broad discretion in the conduct of the dispositional conference. Counsel and unrepresented defendants must be prepared to engage in meaningful discussion regarding all aspects of the case with a view toward reaching an appropriate resolution. The court may participate in such discussions and may facilitate a plea agreement by suggesting or addressing a specific aspect of the matters under consideration.

(c) Content of Discussions Inadmissible. Except when relevant to (1) the resolution of an ineffective assistance of counsel claim asserted by the participating defendant or (2) the enforcement or alleged violation of a plea agreement, including sentencing, evidence of conduct or statements made during the dispositional conference is not admissible for any purpose.

(d) Agreement; Plea. If the parties reach a plea agreement, the court shall take the plea in open court or schedule the plea for a later time.

(e) No Agreement; Subsequent Proceedings. If the parties do not reach a plea agreement, the matter shall be set for jury trial, unless the defendant waives the defendant's right to a trial by jury. If the defendant waives the right to a trial by jury pursuant to Rule 23(a), the matter shall be set for a jury-waived trial. If any criminal charge discussed in a dispositional conference is accompanied by a civil violation triable of right by a jury, and the civil matter is not resolved at the dispositional conference, the civil matter shall be set for a jury-waived trial, unless the defendant files a demand for a jury trial and pays the $300 jury fee no later than 7 days after the dispositional conference, pursuant to M.R. Civ. P. 38.

(f) No Agreement; Inquiry Regarding Indictment. If the parties fail to reach a plea agreement in a case involving a complaint or information that charges at least one Class C or higher crime, the court shall call upon the defendant to elect whether to waive the right to have the matter presented to the grand jury and to be prosecuted by indictment, and to proceed to trial upon the complaint or information. If indictment is not waived, the court shall schedule the matter for arraignment upon the indictment after the next term of the grand jury.

Committee Notes

Committee Advisory Note [December 2014] The Rule is entirely new and addresses the "dispositional conference." Rule 18 of the Maine Rules of Criminal Procedure, addressing a subpoena for production of documentary evidence or tangible objects by a nonparty, remains part of the new unified Rules but is redesignated "17A." New Rule 18 is expressly designed to encourage the parties to reach an appropriate resolution of the case. Subdivision (a) requires the defendant, the defendant's counsel, if any, and the attorney for the State to appear at the dispositional conference. The attorney for the State must have "full authority to make decisions regarding disposition of, and sentencing recommendations regarding, the charges against the defendant." Subdivision (b) requires counsel and unrepresented defendants to appear "prepared to engage in meaningful discussion regarding all aspects of the case with a view toward reaching an appropriate resolution." And unlike Rule 11A(a) of the Maine Rules of Criminal Procedure, which conditions the court's participation "at the request of or with the agreement of the parties," the court has "broad discretion in the conduct of the dispositional conference" and may, without the request of or the agreement of the parties, participate in the meaningful discussions and may "facilitate a plea agreement by suggesting or addressing a specific aspect of the matters under consideration." Subdivision (c) ensures that "evidence of content or statements made during the dispositional conference is not admissible for any purpose" other than "when relevant to . . . the resolution of an ineffective assistance of counsel claim asserted by the participating defendant" or to "the enforcement or alleged violation of a plea agreement, including sentencing." Subdivision (d) provides that if a plea agreement is reached by the parties, "the court shall take the plea in open court or schedule the plea for a later time." If a plea agreement is not reached by the parties pursuant to the above-described procedure, subdivisions (e) and (f) address waiver of jury trial and, when relevant, election as to the indictment process, respectively. Subdivision (e), following the mandate of Rule 23(a), requires that the matter be set for jury trial unless that right is waived by the defendant, in which case the matter must be set for a jury-waived trial. The subdivision also addresses subsequent proceedings for a civil matter if discussed in the dispositional conference but not resolved, requiring the civil matter to be set for a jurywaived trial unless the defendant "files a demand for a jury trial and pays the $300 jury fee no later than 7 days after the dispositional conference, pursuant to M.R. Civ. P. 38." Subdivision (f) requires the court, in the event the case involves a complaint or information that charges at least one Class C or higher crime, to call upon the defendant to elect whether to waive indictment (pursuant to Rule 7(b)) and to proceed to trial upon the complaint or information or instead not to waive. If the defendant elects not to waive the court must "schedule the matter for arraignment upon the indictment after the next term of the grand jury." RULES 19 AND 20. [RESERVED]