Rule 106 Assignment of Counsel

Committee Advisory Note [December 2014]

The Rule parallels the content of Rule 106 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 Notes to former Maine Rules of Criminal Procedure]

Advisory Note—July 2010

The reasons for amendment to Rule 106 are generally addressed in the Advisory Note—July 2010 to M.R. Crim. P. 44. The statute implementing the Maine Commission on Indigent Legal Services explicitly references case types that fall under the Commission’s purview, including criminal matters. See P.L. 2009, ch. 419 and 4 M.R.S. §§ 1801, 1802(4) and 1804. This amendment clarifies that Rule 44 applies to all cases wherein the court is required or permitted to appoint or assign counsel to represent a party at state expense in proceedings governed by the Criminal Rules.

The amendment changes the reference from appointing counsel to assigning counsel and refers the reader to Rules 44, 44A, and 44B for the specifics about the determination of indigency, the assignment of and compensation of counsel, and the continuing duty of counsel to represent the person.