Rule 36A. Record on Appeal to the Superior Court by a Defendant From an Adverse Ruling of the District Court Under Rule 35(a) or (c), a Revocation of Probation Ruling, a Revocation of Supervised Release Ruling or a Revocation of Administrative Release Ruling [Abrogated]

Committee Notes

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1989 [M.R. Crim. P. 36A.] New Rule 36A contains the provisions of former Rule 93 relating to the record on appeal in the Superior Court in criminal cases, and District Court Rule 39. Former Rule 93(b) is transferred with slight modification to new Rule 36A(a). Rule 36A(b) contains the language of District Court Rule 39(b). Rule 36A(c) contains the language of District Court Rule 39(c). Rule 36A(d) contains, with slight modification, the language of paragraphs 2 and 3 of Rule 93(c). Rule 36A(e) reflects the language of District Court Rule 39(e). The provisions of new Rule 36A(f) reflect those of former Rule 93(g).

Advisory Committee Note—1996 [ M.R. Crim. P. 36A(d).] The amendment enlarges the current standard 40-day time period for the filing of the transcript by the Electronic Recording Division of the District Court to a 60-day time period. The additional 20 days is needed given the current volume of transcript requests. It further conforms the substance of this subdivision with that of M.R. Crim. P. 36C(d).

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

Advisory Committee Note—2002 [M.R. Crim. P. 36A(b).] The amendment conforms the time requirements for requesting preparation of transcripts by the parties with M.R. App. P. 5(b). [M.R. Crim. P. 36A(c).] The amendment conforms the time to prepare and file a transcript with M.R. App. P. 6(c). The amendment also conforms the time within which a nonindigent defendant must make satisfactory financial arrangements with M.R. App. P. 5(b).

Advisory Committee Note—2004 [M.R. Crim. P. 36A(a)(2), (b)(2), (d)(2) and heading.] This amendment does two things. First, it corrects three incorrect references to Rule 36. Second, it adds a revocation of supervised release in the District Court, pursuant to 17-A M.R.S. § 1233, and a revocation of administrative release in the District Court, pursuant to 17-A M.R.S. § 1349-F. See Advisory Committee Note to M.R. Crim. P. 36(a), (b), (d) and (g).

Advisory Note—July 2012 [M.R. Crim. P. 36A.] The second paragraph of Rule 36A(c) addresses financial responsibility for transcript production. Upon the establishment of the Maine Commission on Indigent Legal Services, the funds allocated for the representation of indigent persons were transferred from the Judicial Branch to the Maine Commission on Indigent Legal Services. This amendment clarifies that transcripts produced for those indigent parties represented by court appointed or court assigned counsel are to be paid for by the Maine Commission on Indigent Services. This amendment also replaces "Electronic Recording Division" with the current title of the office: "Office of Transcript Production." [Maine Rule of Criminal Procedure 36B 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.]