94-649-3 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 649-3-3 - Minimum Eligibility Requirements for Specialized Panels

1. Homicide. To be Eligible for Homicide cases, an attorney must:

A. Practice Experience: Have at least five years of criminal law practice experience. At least two of the five years must be criminal defense practice experience;

B. Trial/Litigation Experience:

1) Have tried before a jury, individually or as co-counsel, at least five felony cases within the last ten years, at least two of which were Major Felony, Homicide, or Class C or higher Sex Offense cases;

2) Have tried before a jury, individually or as co-counsel, at least one Homicide case in the last fifteen years;

C. Demonstrate a knowledge and familiarity with the evidentiary issues relevant to Homicide cases, including but not limited to forensic and scientific issues relating to DNA testing and fingerprint analysis, mental health issues, and eyewitness identification;

D. Provide a letter explaining reasons for interest in and qualifications for representing individuals charged with Homicide;

E. Have submitted to the Commission three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, that assert that the applicant is qualified to represent individuals charged with Homicide, including OUI manslaughter. The letters of reference must be submitted directly to the Executive Director by the authors; and

F. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

2. Sex Offenses. To be Eligible for Sex Offense cases, an attorney must:

A. Practice Experience: Have at least three years of criminal law practice experience. At least one of the three years must be criminal defense practice experience;

B. Trial/Litigation Experience: Have tried before a jury, individually or as co-counsel, at least three felony cases within the last ten years;

C. Provide a letter explaining reasons for interest in and qualifications for representing individuals charged with a Sex Offense; and

D. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

E. If the applicant seeks a waiver of any of these eligibility requirements, the applicant shall submit three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, asserting that the applicant is qualified to represent individuals charged with a Sex Offense. The letters of reference must be submitted directly to the Executive Director by the authors.

3. Major Felonies. To be Eligible for Major Felony cases, an attorney must:

A. Practice Experience: Have at least two years of criminal law practice experience. At least one of the two years must be criminal defense practice experience.;

B. Trial/Litigation Experience: Have tried before a jury, individually or as co-counsel, at least four criminal cases in the last ten years;

C. Provide a letter explaining reasons for interest in and qualifications for representing individuals charged with a Major Felony; and

D. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

E. If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, asserting that the applicant is qualified to represent individuals charged with a Major Felony. The letters of reference must be submitted directly to the Executive Director by the authors.

4. Operating Under the Influence. To be Eligible for OUI cases, an attorney must:

A. Practice Experience: Have at least one year of criminal defense practice experience;

B. Trial/Litigation Experience: Have tried before a jury, individually or as co-counsel, at least two criminal cases, and conducted at least two contested hearings within the last ten years;

C. Have obtained in the last three years at least four hours of CLE credit on topics relevant particularly to OUI defense;

D. Provide a letter explaining reasons for interest in and qualifications for representing individuals charged with an OUI; and

E. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

F. If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, asserting that the applicant is qualified to represent individuals charged with an OUI. The letters of reference must be submitted directly to the Executive Director by the authors.

5. Domestic Violence. To be Eligible for Domestic Violence cases, an attorney must:

A. Practice Experience: Have at least one year of criminal defense experience;

B. Trial/Litigation Experience: Have tried before jury, individually or as co-counsel, at least two criminal cases and conducted at least two contested hearings within the last ten years;

C. Have obtained in the last three years at least four hours of CLE credit on topics related to Domestic Violence defense, which must include specific training on the collateral consequences of such convictions;

D. Provide a letter explaining reasons for interest in and qualifications for representing individuals charged with a Domestic Violence crime; and

E. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

F. If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, asserting that the applicant is qualified to represent individuals charged with a Domestic Violence crime. The letters of reference must be submitted directly to the Executive Director by the authors.

6. Juvenile Defense. To be Eligible for Juvenile Defense cases, an attorney must:

A. Repealed.

B. For misdemeanor cases:

1) Have completed the Commission's Juvenile Law Minimum Standards Training; and

2) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

C. For Felony cases and Sex Offense cases, an attorney must:

1) Practice Experience: Have at least one year of juvenile defense practice experience;

2) Trial/Litigation Experience:

i. Have handled at least 10 juvenile cases to conclusion; and

ii. Have tried at least 5 contested juvenile hearings (including but not limited to: detention hearings, evidentiary hearings, adjudication hearings, and dispositional hearings), individually or as co-counsel, within the past ten years;

3) Have completed the Commission's Juvenile Law Minimum Standards Training;

4) Provide a letter explaining reasons for interest in and qualifications for representing juveniles in felony and Sex Offense cases; and

5) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

6) If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, asserting that the applicant is qualified to represent juveniles in felony and Sex Offenses cases. The letters of reference must be submitted directly to the Executive Director by the authors.

D. For Bind Over Hearings:

1) Practice Experience: Have at least two years of juvenile defense practice experience;

2) Trial/Litigation Experience:

i. Have handled at least 20 juvenile cases to conclusion within the past ten years; and

ii. Have tried, individually or as co-counsel, at least 10 contested juvenile hearings, including but not limited to: detention hearings, evidentiary hearings, adjudication hearings, and dispositional hearings in the past ten years;

3) Have attended in the last three years at least eight hours of CLE credit that cover all the following topics devoted to juvenile defense: training and education regarding placement options and dispositional alternatives; child and adolescent brain development; adolescent mental health diagnosis and treatment; and issues and case law related to competency, bind over procedures, and the collateral consequences of juvenile adjudications;

4) Provide a letter explaining reasons for interest in and qualifications for representing juveniles in bind over hearings; and

5) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

6) If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, asserting that the applicant is qualified to represent juveniles in bind over hearings. The letters of reference must be submitted directly to the Executive Director by the authors.

E. For Bound Over Cases: If a case is bound over, the assigned attorney must be Eligible for the adult criminal case types implicated by the charges, or have Eligible co-counsel appointed in the matter.

7. Child Protective. To be Eligible to represent parents in Child Protective cases, an attorney must:

A. Repealed.

B. Satisfy one of the following litigation requirements:

1) Have provided representation to parents in at least three unrelated Child Protective cases from the preliminary protective order stage through disposition of the cases within the past ten years; or

2) Serve as co-counsel with an attorney who is Eligible to receive Commission Child Protective case assignments on two or more assigned Child Protective cases for at least twelve months prior to the date of the application;

C. Complete the Commission's Child Protective Minimum Standards Training;

D. Provide a letter explaining reasons for interest in and qualifications for representing parents in Child Protective proceedings; and

E. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

F. If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys, at least one of which is someone with whom the applicant does not practice, asserting that the applicant is qualified to represent parents in Child Protective cases. The letters of reference must be submitted directly to the Executive Director by the authors.

G. If a Petition to Terminate Parental Rights is filed and the attorney of record has not previously tried a termination of parental rights hearing, then the attorney of record must file a request with the Commission for a more experienced attorney to serve as co-counsel to assist them with the termination of parental rights hearing.

8. Repealed.

9. Maine Supreme Judicial Court Appeals. To accept assignments to Maine Supreme Judicial Court Appeals, an attorney must be Eligible for the applicable appeal type as outlined below.

A. Child Protective Appeals. To be Eligible to accept assignments to Child Protective Appeals, an attorney must satisfy the below requirements.

1) Have provided representation in five or more Child Protective Appeals in the Maine Supreme Judicial Court, either individually or as co-counsel;

2) Provide copies of all briefs the attorney filed, and the opinions/decisions rendered in the five most recent appeals the attorney has handled;

3) Have been deemed Eligible to accept post-conviction case assignments pursuant to Section 3(7) of this Chapter;

4) Demonstrate, through application and submitted briefs, exceptional legal research, writing, and analytical skills;

5) Submit a letter explaining the applicant's interest in and qualifications for providing representation on appeals, including a description of the applicant's experience with appeals, representative examples of issues raised on appeal, and a summary of the results of those appeals; and

6) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

7) If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys with whom the applicant does not practice asserting that the applicant is qualified to provide representation in appeal cases. The letters of reference must be submitted directly to the Executive Director by the authors.

8) An attorney is not Eligible to represent a client in a Child Protective Appeal when the attorney was trial counsel for that case. If a client wishes to appeal a Child Protective case, the trial attorney shall file a motion to withdraw as counsel simultaneously with the notice of appeal.

B. Homicide Appeals. If trial counsel wants to continue representation on a Homicide Appeal, the attorney must either be Eligible for Homicide Appeals by the time the notice of appeal is filed or file a motion for co-counsel or motion to withdraw simultaneously with the notice of appeal. To be Eligible to accept assignments to Homicide appeals, an attorney must:

1) Have provided representation in seven or more criminal appeals in the Maine Supreme Judicial Court, either individually or as co-counsel, within the last ten years;

2) Have completed oral argument in at least two criminal appeals before the Maine Supreme Judicial Court;

3) Provide copies of all briefs the attorney filed, and the opinions/decisions rendered in the seven most recent criminal appeals the attorney has handled;

4) Demonstrate, through application and submitted briefs, exceptional legal research, writing, and analytical skills;

5) Submit a letter explaining the applicant's interest in and qualifications for providing representation on appeals; including a description of the applicant's experience with appeals, representative examples of issues raised on appeal, and a summary of the results of those appeals; and

6) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

C. Other Criminal Appeals. If trial counsel wants to continue representation on an Other Criminal Appeal, the attorney must either be Eligible for Other Criminal Appeals by the time the notice of appeal is filed or file a motion for co-counsel or motion to withdraw simultaneously with the notice of appeal. To be Eligible to accept assignments to Other Criminal Appeals, an attorney must:

1) Have provided representation in five or more criminal appeals in the Maine Supreme Judicial Court, either individually or as co-counsel, within the last ten years;

2) Have completed oral argument in at least one criminal appeal before the Maine Supreme Judicial Court;

3) Provide copies of all briefs the attorney filed, and the opinions/decisions rendered in the five most recent criminal appeals the attorney has handled;

4) Demonstrate, through application and submitted briefs, exceptional legal research, writing, and analytical skills;

6) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

10. Post-Conviction Review. To be Eligible for post-conviction review cases, an attorney must:

A. Have at least three years of criminal defense experience;

B. Have previously qualified to be placed on the trial roster for the case type applicable to the conviction being challenged on post-conviction review;

C. Submit a letter explaining the applicant's interest in and qualifications for providing representation in post-conviction review cases, including a description of the applicant's criminal law experience generally and how that experience prepared the applicant to address the issues applicable to post-conviction review cases;

D. If the applicant seeks a waiver, the applicant shall submit three letters of reference from attorneys with whom the applicant does not practice asserting that the applicant is qualified to provide representation in post-conviction cases. The letters of reference must be submitted directly to the Executive Director by the author; and

E. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

F. Writing samples shall also be submitted upon the request of the Executive Director.

11. Lawyer of the Day (LOD).

A. LOD Specialized Panels:

1) In-Custody. To be Eligible for LOD for in-custody proceedings, an attorney must:

i. Complete the Commission's LOD Minimum Standards Training;

ii. Be currently Eligible to accept Commission criminal case assignments;

iii. Have previously been deemed Eligible for OUI and Domestic Violence cases in accordance with Chapter 3 of the Commission Rules;

iv. Complete three full in-custody LOD shadow sessions on three separate days. The Eligible LOD(s) who were shadowed must verify in writing to the Commission that the applicant completed each shadow session; and

v. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

2) Walk-In. To be Eligible for LOD for walk-in proceedings, an attorney must:

i. Complete the Commission's LOD Minimum Standards Training;

ii. Be currently Eligible to accept Commission criminal case assignments;

iii. Have previously been deemed Eligible for OUI and Domestic Violence cases in accordance with this Chapter;

iv. Complete three full walk-in LOD shadow sessions on three separate days. The Eligible LOD(s) who were shadowed must verify in writing to the Commission that the applicant completed each shadow session; and

v. Certify that they have read, understand, and agree to comply with all Commission standards of practice.

3) Juvenile. To be Eligible for juvenile LOD proceedings, an attorney must:

i. Complete the LOD Minimum Standards Training prior to or within three months of being Eligible for LOD assignments;

ii. Be currently Eligible to accept Commission juvenile case assignments;

iii. Have previously been deemed Eligible for juvenile felony cases in accordance with this Chapter;

iv. Complete three full juvenile walk-in LOD shadow sessions on three separate days. The Eligible LOD(s) who were shadowed must verify in writing that the applicant completed each shadow session;

v. Complete three full juvenile in-custody LOD shadow sessions on three separate days. The Eligible LOD(s) who were shadowed must verify in writing that the applicant completed each shadow session; and

vi. Certify that they have read, understand, and agree to comply with all Commission LOD standards of practice.

12. MCILS Liaison.

A. To be Eligible to serve as a MCILS Liaison, an attorney must:

1) Be Eligible to accept Commission case assignments;

2) Have at least five years of experience practicing criminal defense;

3) Demonstrate a history of providing high quality legal services;

4) Have experience practicing law in the court(s) in which counsel is seeking to serve as the MCILS Liaison; and

5) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

13. Resource Counsel.

A. To be Eligible to serve as Resource Counsel, an attorney must:

1) Submit three letters of reference from attorneys with whom the attorney applicant does not practice that address the attorney's ability to work with and advise other attorneys of varying experience levels;

2) Have at least five years' experience actively practicing in the area of law for which counsel is seeking eligibility as Resource Counsel;

3) Be currently Eligible to accept Commission case assignments;

4) Demonstrate a history of providing high quality legal services;

5) Demonstrate exceptional litigation skills and experience;

6) Demonstrate high ethical standards;

7) Have not had a Commission investigation or Board of Bar Overseers complaint which resulted in a finding that the attorney violated any Commission rule or Rule of Professional Responsibility within the three years immediately preceding counsel's Resource Counsel Application; and

8) Certify that they have read, understand, and agree to comply with all Commission standards of practice.

B. Counsel must reapply to serve as Resource Counsel on an annual basis. That application is due at the same time as the Commission's annual renewal.

C. Counsel serves as Resource Counsel at the discretion of the Executive Director. The Executive Director may terminate someone's eligibility to serve as Resource Counsel at any time, with or without cause.

94-649 C.M.R. ch. 3, § 3