Section 649-3-1 - DefinitionsFor purposes of this Chapter, the following terms are defined as follows:
1. Executive Director. "Executive Director" means the Executive Director of the Maine Commission on Indigent Legal Services or the Executive Director's decision-making designee.2. Co-counsel. "Co-counsel" means an attorney who works with another attorney on a particular case. Both attorneys must be counsel of record, professionally responsible for the case, and actively participate in the representation of the client.3. Contested Hearing. "Contested Hearing" means a hearing at which a contested issue is submitted to the court for resolution after evidence is taken or witnesses are presented.4. Homicide. "Homicide" means:A. All offenses contained in 17-A M.R.S.A. §§201 (Murder), 202 (Felony Murder), 203 (Manslaughter), 152 (Attempted Murder), and 152-A (Aggravated Attempted Murder).B.29-A M.R.S.A. §2411(1-A)(D)(1-A) (Criminal OUI Causing Death).C. Criminal Conspiracy under 17-A M.R.S.A. §151, Criminal Attempt under 17-A M.R.S.A. §152, and Criminal Solicitation under 17-A M.R.S.A. §153 to commit any of the offenses listed above or to commit any crime involving substantially similar conduct.5. Major Felony. "Major Felony" means: A. An offense under 17-A M.R.S.A. §§208 (Aggravated Assault); 208-B (Elevated Aggravated Assault); 208-C (Elevated Aggravated Assault on a Pregnant Person); 208-D (Domestic Violence Aggravated Assault); 301 (Kidnapping), 401(1)(B)(1), (2), or (3) (Burglary with a Firearm, Burglary with Intent to Inflict Bodily Harm, and Burglary with a Dangerous Weapon); 651 (Robbery); 802 (Arson), 803-A (Causing a Catastrophe); 1105- A (Aggravated Trafficking of Scheduled Drugs); 1105-B (Aggravated Trafficking of Counterfeit Drugs); and 1105-C (Aggravated Furnishing of Scheduled Drugs).B. "Major Felony" includes crimes involving substantially similar conduct.C. "Major Felony" also includes Criminal Conspiracy under 17-A M.R.S.A. §151, Criminal Attempt under 17-A M.R.S.A. §152, and Criminal Solicitation under 17-A M.R.S.A. §153 to commit any of the offenses listed in Subsection 1(5) of this Chapter or to commit any crime involving substantially similar conduct.6. Sex Offense. "Sex Offense" means:A. An offense under 17-A M.R.S.A. §§ 253-260 (Sexual Assaults), 281-285 (Sexual Exploitation of Minors), 556 (Incest), 511(1)(D) (Violation of Privacy), 852 (Aggravated Sex Trafficking), 853 (Sex Trafficking), and 855 (Patronizing Prostitution of Minor or Person with Mental Disability).B. "Sex Offense" includes crimes involving substantially similar conduct.C. "Sex Offense" also includes Criminal Conspiracy under 17-A M.R.S.A. §151, Criminal Attempt under 17-A M.R.S.A. §152, and Criminal Solicitation under 17-A M.R.S.A. §153 to commit any of the offenses listed in Subsection 1(6) of this Chapter or to commit any crime involving substantially similar conduct.7. Operating Under the Influence (OUI). "OUI" means: A. All offenses under 29-A M.R.S.A. § 2411 (Criminal OUI).B. OUI includes crimes involving substantially similar conduct.C. OUI also includes Criminal Conspiracy under 17-A M.R.S.A. §151, Criminal Attempt under 17-A M.R.S.A. § 152, and Criminal Solicitation under 17-A M.R.S.A. §153 to commit any of the offenses in Subsection 1(7) of this Chapter or to commit a crime involving substantially similar conduct.8. Domestic Violence (DV). "Domestic Violence" means:A. Offenses denominated as Domestic Violence under 17-A M.R.S.A. §§207-A (Domestic Violence Assault), 208-D (Domestic Violence Aggravated Assault), 209-A (Domestic Violence Criminal Threatening), 210-B (Domestic Violence Terrorizing), 210-C (Domestic Violence Stalking), and 211-A (Domestic Violence Reckless Conduct).B. Any offense alleged to have been committed against a family or household member or dating partner as defined by 19-A M.R.S.A. §4002.C. Any offense of stalking under 17-A M.R.S.A. §210-A (Stalking).D. Violation of a protective order under 17-A M.R.S.A. §506-B.E. "Domestic Violence" includes crimes involving substantially similar conduct.F. "Domestic Violence" also includes Criminal Conspiracy under 17-A M.R.S.A. §151, Criminal Attempt under 17-A M.R.S.A. §152, and Criminal Solicitation under 17-A M.R.S.A. §153 to commit any of the offenses listed in Subsection 1(8) of this Chapter, or to commit any crime involving substantially similar conduct.9. Juvenile Defense. "Juvenile Defense" means any juvenile crime defined by 15 M.R.S.A. §3103.10. Child Protective. "Child Protective" means a Maine District Court proceeding in which a parent is entitled to counsel pursuant to 22 M.R.S.A. §4005(2).11. Child Protective Appeal. "Child Protective Appeal" means an appeal to the Maine Supreme Judicial Court of any order terminating parental rights.12. Homicide Appeal. "Homicide Appeal" means an appeal to the Maine Supreme Judicial Court of a conviction involving a Homicide offense as defined by Section 1(4) of this Chapter.13. Other Criminal Appeal. "Other Criminal Appeal" means an appeal to the Maine Supreme Judicial Court of any criminal conviction other than a conviction for a Homicide offense, as defined by section 1(4) herein.14. Lawyer of the Day (LOD). "LOD" means an attorney who has been designated by the Commission as Eligible for case assignments and is designated by a court pursuant to M.R.U. Crim. P. 5(e) for the limited purpose of representing a defendant or defendants at their arraignment or initial appearance.15. Proceeding Type. "Proceeding Type" means the type of proceeding for which an attorney may serve as LOD. The three Proceeding Types are in-custody, walk-in, and juvenile. A. In-Custody: arraignments or initial appearances for defendants in adult criminal cases who are incarcerated.B. Walk-In: arraignments or initial appearances for defendants in adult criminal cases who are not incarcerated.C. Juvenile: arraignments or initial appearances for juvenile defendants.16. LOD Roster. "LOD Roster" means the list of attorneys designated as Eligible by the Commission to serve as LOD in a Proceeding Type for a particular court.17. Shadow Session. "Shadow Session" means a session in which an attorney who has applied for LOD eligibility "shadows" an attorney who has been designated as Eligible for LOD for a complete session of the Proceeding Type for which the attorney is applying. The applicant must be present with the Eligible LOD for the entire LOD appearance, including in client interviews (with client consent) and in the courtroom. Rules of client confidentiality and privilege apply to all communications between the client, the LOD, and the attorney participating in a shadow session. If it is a morning LOD session that continues into the afternoon, the applicant must be present the entire time for what will be counted as one shadow session. If the shadowing attorney is Eligible to receive Commission case assignments at the time of the shadow session, the shadowing attorney is Eligible for payment in accordance with Chapter 301, Section 5 of the Commission rules.18. Resource Counsel. "Resource Counsel" means an attorney who provides mentoring and other services to Eligible counsel as delineated in Chapter 301 of the Commission rules.19. MCILS Liaison. "MCILS Liaison" means the attorney who performs services for clients as part of a specialty court team but who has not otherwise been appointed to represent a specific client on a specific docket.20. Specialized Panels. "Specialized Panels" means those types of assignments that are complex in nature. They include the following panels: D. Operating Under the InfluenceH. Child Protective AppealsJ. Other Criminal AppealsK. In-Custody Lawyer of the DayL. Walk-In Lawyer of the DayM. Juvenile Lawyer of the Day