Rule 96. Assignment of Counsel

(a) Compliance with 15 M.R.S. § 2138(3). Following the filing of a motion for DNA analysis, if the court finds the person to be indigent, the court may assign counsel any time during the proceedings.

(b) Determination of Indigency; Assignment and Compensation; Continuing Duty to Represent. The determination of indigency, the appointment of and compensation of counsel, and the continuing duty of counsel to represent the person shall be governed by 4 M.R.S. §§ 1801-1804 and by the provisions of Rules 44, 44A, and 44B.

Committee Notes

Committee Advisory Note [December 2014] The Rule parallels the content of Rule 96 of the Maine Rules of Criminal Procedure except that in subdivision (b) a reference to 4 M.R.S. §§ 1801-1804 is added regarding the Maine Commission on Indigent Legal Services. See also M.R.U. Crim. P. 86.

Advisory Note – March 2010 M.R. Crim. P. 96(a). The amendment, in addition to one formalistic change, makes two changes to reflect more correctly the substance of 15 M.R.S. § 2138(3). First, it adds the statutory precondition to the appointment of counsel that the court first make a specific finding of indigency relative to the person filing the motion. Second, it replaces the word "proceeding" with "proceedings" since 15 M.R.S. ch. 305-B provides for more than one proceeding.

Advisory Note—July 2010 M.R. Crim. P. 96. See Advisory Note—July 2010 to M.R. Crim. P. 44.