Rule 56. Legal Assistance by Law Students

(a) Permitted Activities on Behalf of a Criminal Defendant. An eligible law student may appear in court in this state, on behalf of any indigent person receiving legal services through an organization providing legal services to the indigent, which organization has been approved by the Supreme Judicial Court, if the person on whose behalf the student is appearing has indicated in writing consent to that appearance and the supervising lawyer has also indicated in writing approval of that appearance, in the following proceedings:

(1) Any criminal proceeding in which the defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule. In such cases the supervising lawyer is not required to be personally present in court if the person on whose behalf the appearance is being made consents to the supervising lawyer's absence.

(2) Any criminal proceeding in which the defendant has the right to the assignment of counsel under any constitutional provision, statute, or rule. In such cases the supervising lawyer shall be personally present throughout the proceedings and shall be fully responsible for the manner in which they are conducted.

(3) Any post-conviction review proceeding, any proceeding on a post-conviction motion for DNA analysis, and any proceeding on a postjudgment motion by a person whose identity allegedly has been stolen and falsely used. In such cases the supervising lawyer shall be personally present throughout the proceedings and shall be fully responsible for the manner in which they are conducted.

(b) Permitted Activities on Behalf of the State. An eligible law student may appear in any criminal proceeding on behalf of the State with the written approval of the prosecuting attorney or the authorized representative of the prosecuting attorney. If the defendant in a criminal proceeding has a right to counsel under any constitutional provision, statute, or rule and is represented by counsel in that criminal proceeding, the prosecuting attorney or the authorized representative of the prosecuting attorney is required to be personally present throughout the proceeding and shall be fully responsible for the manner in which it is conducted.

(c) Written Consent and Approval. In each case the written consent and approval referred to above shall be filed in the record of the case and shall be brought to the attention of the court.

(d) Other Conditions. The provisions of Maine Rules of Civil Procedure 90(b), (c), (d), (e), (f), and (g), are hereby incorporated in this Rule.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 56 of the Maine Rules of Criminal Procedure except that in subdivision (a)(3) proceedings on a post-conviction motion for DNA analysis and on a post-judgment motion by a person whose identity allegedly has been stolen and falsely used are added since these proceedings are similar in nature to post-conviction review proceedings. In subdivision (b) the letter "s" in the word "state" is capitalized because the word "State" in this context refers to a government actor. See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 3(d) and (f).

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1981 [M.R. Crim. P. 56.] The amendment conforms the terminology of the Rule with that presently found in 15 M.R.S. ch. 305-A.

Advisory Committee Note—1989 [M.R. Crim. P. 56.] New Rule 56 contains the language of former Rule 62. The language of former Rule 56 is now found in Rule 54.