The determination of indigency, the appointment and compensation of counsel, and the continuing duty of counsel to represent petitioner shall be governed by 4 M.R.S. §§ 1 1-1804, and by the provisions of Rules 44, 44A, and 44B.
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Committee Notes
Committee Advisory Note [December 2014]
The Rule parallels the content of Rule 86 of the Maine Rules of Criminal Procedure except that a reference to 4 M.R.S. §§ 1801-1804 is added regarding the Maine Commission on Indigent Legal Services.
[Advisory Notes to former Maine Rules of Criminal Procedure]
Advisory Committee Note—1983
[M.R. Crim. P. 86.] The same provisions which govern appointment of counsel in the trial and appeal of criminal matters govern assignment of counsel for petitioners in extradition proceedings. The applicable statute, 14 M.R.S. § 210, states that a person arrested on a Governor’s warrant shall be informed “that he has the right to demand and procure legal counsel.” Although this language does not explicitly require the appointment of counsel for indigent petitioners, it has been the customary practice in Maine to appoint counsel. See Uniform Laws Annotated, Uniform Criminal Extradition Act, § 10, n.15. Given this practice, application of existing procedural rules on the subject is appropriate.
Advisory Note—July 2010
M.R. Crim. P. 86. See Advisory Note—July 2010 to M.R. Crim. P. 44.
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