Current through 2024-51, December 18, 2024
Section 649-102-1 - SCOPE & PURPOSE1. These Standards apply whenever defense counsel is assigned pursuant to the Maine Commission on Indigent Legal Services' (MCILS) jurisdiction to provide representation to adults charged with crimes who are financially unable to retain defense counsel and who are entitled to representation pursuant to the United States and Maine Constitutions.2. These standards are intended as a guide for assigned defense counsel and for use by MCILS in evaluating, supervising and training assigned defense counsel. Although MCILS understands that not every action outlined in these standards is necessary in every case, the Commission will apply these standards, the Maine Rules of Criminal Procedure and the Maine Rules of Professional Conduct, as well as all other Commission policies and procedures when evaluating the performance or conduct of counsel.3. The Function of Defense Counsel A. Defense counsel for the accused is an essential component of the administration of criminal justice. A court properly constituted to hear a criminal case must be viewed as a tripartite entity consisting of the judge (and jury, where appropriate), counsel for the prosecution, and counsel for the accused.B. The basic duty defense counsel owes to the administration of justice as an officer of the court is to serve as the accused's counselor and advocate and to render effective, quality representation.C. Defense counsel, in common with all members of the bar, is subject to standards of conduct stated in statutes, rules, decisions of court, and codes, canons, or other standards of professional conduct. Defense counsel has no duty to execute any directive of the accused here thereafter "client") which does not comport with law or such standards.4. Defense counsel should not knowingly make a false statement of material fact or law to the court or a third person.94- 649 C.M.R. ch. 102, § 1