Rule 69. Assigned Counsel

(a) Compliance With 15 M.R.S. ch. 305-A by Petitioner. A petitioner who desires to have counsel appointed either before or after final disposition of the petition shall comply with the procedure provided in 15 M.R.S. § 2129(1)(B).

(b) Determination of Indigency; Assignment and Compensation of Counsel. The determination of indigency and the assignment and compensation of counsel shall be governed by the provisions of Rules 44 and 44A.

(c) Continuing Duty of Counsel to Represent Petitioner. Counsel assigned by the court before final disposition of the petition shall continue to represent the petitioner on appeal unless relieved by order of the court or the Law Court.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 69 of the Maine Rules of Criminal Procedure but differs in the following respects. First, in subdivision (a) the word "appointed" replaces the word "assigned." Second, in subdivision (c) the word "court" replaces the reference to "assigned justice." See Committee Advisory Note [December 2014] to M.R.U. Crim. P. 66.

[Advisory Notes to former Maine Rules of Criminal Procedure]

Advisory Committee Note—1981 [M.R. Crim. P. 69.] Rule 69 is added to incorporate in one comprehensive rule the procedure respecting assigned counsel. Subdivision (a) Subdivision (a) alerts the reader to the procedural requirements of 15 M.R.S. section 2129, subsection 1, paragraph B applicable both before and after final disposition. Subdivision (b) Subdivision (b) incorporates the relevant portions of Rules 39E and 44 respecting determination of indigency and the appointment and compensation of counsel both before and after final disposition. Subdivision (c) Subdivision (c) incorporates with adaptation the substance of Rule 44(a)(2).

Advisory Note—July 2010 M.R. Crim. P. 69. See Advisory Note—July 2010 to M.R. Crim. P. 44.