Rule 36. Appeals; Petitions

(a) Limited Review by Appeal or Petition in the Unified Criminal Docket. Except as set forth in this Rule or by the Maine Rules of Appellate Procedure, the Unified Criminal Docket will not entertain requests for review by appeal or petition.

(b) De Novo Review of Preconviction Bail Set by Judicial Officer for a Crime Bailable as of Right.

(1) Defendant Aggrieved by a Bail Commissioner's Decision . Any defendant charged with a crime bailable as of right who is aggrieved by a decision of a bail commissioner may file a petition in the Unified Criminal Docket for a de novo determination of bail as set forth in 15 M.R.S. § 1028.

(2) Defendant Aggrieved by the Court's Decision . Any defendant charged with a crime bailable as of right who is aggrieved by a decision of the court made at arraignment or initial appearance as to the amount or conditions of bail set may file a petition in the Unified Criminal Docket for a redetermination of bail in accordance with 15 M.R.S. § 1028-A and the additional procedures set forth in Rule 46(d).

(c) Review of Bail by or Appeal to a Single Justice of the Supreme Judicial Court.

(1) Review of Preconviction Bail Under 15 M.R.S. § 1029 . Any defendant charged with a crime bailable only as a matter of discretion who is aggrieved by a decision of the court may file a petition in the Unified Criminal Docket for a review of bail by a justice of the Supreme Judicial Court in accordance with 15 M.R.S. § 1029 and the additional procedures set forth in Rule 46(e)(1).

(2) Appeal of Post-conviction Bail Under 15 M.R.S. § 1051 . Any defendant or the State aggrieved by a decision of the court setting post-conviction bail under 15 M.R.S. § 1051 may file a notice of appeal with the clerk of the Unified Criminal Docket seeking review by a single justice of the Supreme Judicial Court in accordance with 15 M.R.S. § 1051 and the additional procedures set forth in Rule 46(e)(2).

(3) Appeal of Revocation of Preconviction bail under 15 M.R.S. § 1097, or Revocation of Post-conviction bail under 15 M.R.S. § 1099-A. Any defendant who is aggrieved by a decision of the court revoking preconviction bail under 15 M.R.S. § 1097 or revoking post-conviction bail under 15 M.R.S. § 1099-A, may file a notice of appeal with the clerk of the Unified Criminal Docket seeking review by a single justice of the Supreme Judicial Court in accordance with the applicable statute and the additional procedures set forth in Rule 46(e)(2).

(4) Appeal from a Denial or Conditional Order under Rule 44A. Any defendant aggrieved by a denial or conditional order entered by the court under Rule 44A may file a notice of appeal with the clerk of the Unified Criminal Docket seeking review by a single justice of the Supreme Judicial Court in accordance with the procedures set forth in Rule 44A(c).

(d) Discretionary Appeal to the Law Court. Appeal from an order of the court revoking probation pursuant to 17-A M.R.S. § 1207, revoking supervised release pursuant to 17-A M.R.S. § 1233, or revoking administrative release pursuant to 17-A M.R.S. § 1349-F shall be to the Law Court as provided by Rule 19 of the Maine Rules of Appellate Procedure.

(e) Appeal to the Law Court from a Rule 35 Adverse Ruling. Appeals from a Rule 35 adverse ruling made under subdivisions (a) or (c) shall be to the Law Court as provided by the Maine Rules of Appellate Procedure.

(f) Appeal to the Law Court in Juvenile Crime Proceedings. Appeals from the juvenile court shall be to the Law Court as provided by 15 M.R.S. §§ 3401-3405.

Committee Notes

Advisory Note – July 2016 Rule 36(b)(2) is amended in two respects. First, a reference to newly enacted 15 M.R.S. § 1028-A is added in the final sentence. See P.L. 2015, ch. 431, § 13 (effective July 29, 2016). Second, the word "additional" is added after the word "the" and before the word "procedures" in the final sentence in light of the addition of 15 M.R.S. § 1028-A.

Advisory Note – June 2016 Rule 36(b) is amended by deleting the first sentence, which is repetitive of subsection (b)(1).

Advisory Note –October 2015 Rule 36(f) is amended by replacing the reference to "15 M.R.S. § 3407" with "15 M.R.S. §§ 3401-3405." The change is in response to P.L. 2015, ch. 100, effective October 15, 2015, which, in critical part: repeals 15 M.R.S. § 3407; extinguishes Superior Court jurisdiction to hear appeals from the juvenile court by repealing 1 M.R.S. § 1(2)(D); amends the remaining sections in chapter 509 of the Maine Juvenile Code (§§ 3401-3405) by substituting the words "Supreme Judicial Court" for the words "Superior Court" throughout; and by transferring the substance of former subsections 1 and 3 of repealed section 3407 to subsections 2-A and 3 of section 3402.

Committee Advisory Note [December 2014] The Rule is entirely new, being wholly different in content from Rule 36 of the Maine Rules of Criminal Procedure. Rules 36, 36A, 36B, 36C, and 36D of the Maine Rules of Criminal Procedure address various appeals or petitions to the Superior Court from an aggrieved defendant in the District Court, including appeals to the Superior Court in juvenile cases. None of these rules are carried forward into the new unified criminal procedure Rules because the Superior Court will no longer be called upon to exercise its jurisdiction to hear appeals and petitions from the District Court—i.e., to serve as an intermediate appellate court. The new unified criminal procedure eliminates the distinctions between the functions of the District and Superior Courts. See Committee

Advisory Note [December 2014] to M.R.U. Crim. P. 1(a). New Rule 36 serves as an important sign post, identifying each of the appeals and petitions permitted to be entertained, other than as authorized by the Maine Rules of Appellate Procedure, in the Unified Criminal Docket. They include: de novo review of preconviction bail set by a judicial officer for a crime bailable as of right (subdivision (b)); review of bail by or appeal to a single justice of the Supreme Judicial Court (subdivision (c)); discretionary appeals to the Law Court (subdivision (d)); appeal to the Law Court from a Rule 35 adverse ruling (subdivision (e)); and appeal to the Law Court in juvenile crime proceedings (subdivision (f)).

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1989 [M.R. Crim. P. 36.] Rules 93 and 94 (Part XIII), dealing with appeals to the Superior Court, have been transferred to that part of the rules (VII) dealing with appeals, where they more properly belong. The new rules dealing with appeals to the Superior Court contain the substance of former Rules 93 and 94 and former District Court Rules 37, 37A, 38 and 39. Rule 36(a) has been taken from District Court Rule 37(a). Former Rule 93(b), with slight modification, has been transferred to new Rule 36(b). Rule 36(c) is taken from and is the same as Rule 37(c). Rules 36(d) and (e) incorporate the provisions of Rules 37B and 38 relating to appeals by the state and stay of execution. Former Rule 36, dealing with clerical mistakes, has been transferred to Rule 50.

Advisory Committee Notes—2000 [M.R. Crim. P. 36(a).] This amendment does three things. First, it requires that the notice of appeal conform to "form number CR-166 prepared by the Judicial Branch Forms Committee" since the Appendix of District Court Forms is abrogated. See Advisory Committee Note to M.R. Crim. P. 1(d). Second, it brings subdivision (a) in conformity with the Supreme Judicial Court's "Administrative Order: Mandatory use of Transcript Order Form," effective October 15, 1997. See Me. Rptr. 699-709 A.2d CL. Third, it eliminates the current requirement that the docket entries transmitted from the District Court to the Superior Court be "certified" in view of the recent automation of court records.

Advisory Committee Notes—2001 [M.R. Crim. P. 36.] See Advisory Committee Note to M.R. Crim. P. 35(f).

Advisory Committee Note—2002 [M.R. Crim. P. 36(a).] The amendment corrects a typographical error. [M.R. Crim. P. 36(c).] The amendment conforms the time for appeal and the extension of time with M.R. App. P. 2(b)(2) and (5). [M.R. Crim. P. 36(f).] The amendment conforms the time to prepare and file a transcript with M.R. App. P. 6(c). [M.R. Crim. P. 36(g).] The amendment conforms the time requirements as to a statement in lieu of a transcript with M.R. App. P. 5(d). In addition, the amendment clarifies that any objection or proposed amendments to the statement by appellee's counsel must be submitted to the court for settlement and approval along with the statement prepared by appellant's counsel. Finally, the amendment makes one formalistic change. [M.R. Crim. P. 36(h).] The amendment makes a formalistic change to the heading to conform it to that of M.R. App. P. 5(e).

Advisory Committee Note—2003 [M.R. Crim. P. 36(d).] The amendment conforms subdivision (d) to both Rule 2 of the Maine Rules of Appellate Procedure and Administrative Order— Mandatory Use of Transcript Order Form (added effective October 15, 1997). [M.R. Crim. P. 36(e).] The amendment conforms subdivision (e) to Rule 3 of the Maine Rules of Appellate Procedure. [M.R. Crim. P. 36(f).] The amendment adds a new subdivision (f) that is modeled after Rule 3 (b) of the Maine Rules of Appellate Procedure. The new subdivision contains the limiting language "when permitted by statute" relative to the District Court's authority to fix or revoke bail pending appeal since the setting of bail pending appeal following a revocation of probation is not authorized by statute. See generally 15 M.R.S. § 1004 and 17-A M.R.S. §§ 1206 and 1207. [M.R. Crim. P. 36(f) and (g).] The amendment does five things. First, it redesignates current subdivision (f) as subdivision (g) and redesignates current subdivision (g) as subdivision (h). Second, it amends subdivision (g), as redesignated, by identifying the receipt of the "transcript order" rather than the "notice of appeal" as the triggering event for the running of the normal 56day period within which the Electronic Recording Division must prepare and file the designated transcript. Third, it corrects a typographical error in the second paragraph of subdivision (g), as redesignated, by replacing the word "the" with the word "due." Fourth, it amends subdivision (h), as redesignated, in paragraph 3 by replacing the reference to subdivision "(f)" with "(g)." Fifth, it changes the time for submitting a statement of the evidence under subdivision (h)(2) to 28 days from the present 30 days to recognize the current practice of calculating appeal time limits in 7 day units. [M.R. Crim. P. 36(h) and (i).] The amendment does two things. First, it redesignates current subdivision (h) as subdivision (i) and redesignates current subdivision (i) as subdivision (j). Second, it makes a number of changes to subdivision (j), as redesignated, in order to conform it with Rule 4 of the Maine Rules of Appellate Procedure.

Advisory Committee Note—2004 [M.R. Crim. P. 36(a), (b), (d), (e) and (g) and heading.] These amendments do three things. First, they add to the rule two additional appeals to the Superior Court by a defendant—namely, an appeal from a revocation of supervised release ruling in a revocation of supervised release proceeding in the District Court pursuant to 17-A M.R.S. § 1233, and, an appeal from a revocation of administrative release ruling in a revocation of administrative release proceeding in the District Court pursuant to 17-A M.R.S. § 1349-F. The appeal from a revocation of supervised release ruling was enacted as part of Chapter 50 [§§ 1231-1233] of Title 17-A by P.L. 1999, ch. 788, § 7. The appeal from a revocation of administrative release ruling was enacted as part of chapter 54-G [§§ 1349 to 1349  F] of Title 17-A by P.L. 2004, ch. 711, § A-19. Second, these amendments replace the word "order" with the word "ruling" in order to bring Rule 36 into conformity with Rule 19 of the Maine Rules of Appellate Procedure. See also Advisory Committee Note to M.R. Crim. P. 35 (f) and (g). Third, and finally, these amendments make a number of formalistic changes.

Advisory Committee Note – June 2005 [M.R. Crim. P. 36 heading and (a) and (b).] The amendment adds to the list of appeals or petitions from an aggrieved defendant in the District Court to the Superior Court an appeal from the denial of a petition seeking to be declared indigent for purposes of assignment of counsel on appeal or from the granting of a conditional order, pursuant to 15 M.R.S. § 2111 (2003) and Rule 44A(c). This appeal was unintentionally omitted when Rule 36 was recently amended, effective August 1, 2004. See Me. Rptr., 846-861 A.2d XXVI-XXVIII. The time for taking this appeal and the procedure to be followed in pursuing it are as provided in Rule 44A(c).

Advisory Note—July 2010 M.R. Crim. P. 36(f). See Advisory Note—July 2010 to M.R.Crim.P. 44.

Advisory Note – July 2012 This amendment replaces "Electronic Recording Division" with the current title of the office: "Office of Transcript Production." [Maine Rule of Criminal Procedure 36A was in effect until the Maine Rules of Unified Criminal Procedure took effect. See M.R.U. Crim. P. 1(e) for the effective date.]