Current through 2024-13, March 27, 2024
1. These Standards
apply whenever defense counsel is assigned pursuant to the Maine Commission on
Indigent Legal Services' (MCILS) jurisdiction to provide representation to
juveniles charged with juvenile or adult 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 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, the Maine
Juvenile Code, and the Maine Rules of Professional Conduct, as well as all
other Commission policies and procedures in evaluating the performance or
conduct of counsel.
3. Role of
defense counsel for the juvenile. The paramount obligation of defense counsel
for the juvenile is to provide zealous and quality representation to the
juvenile at all stages of the process. Defense counsel's personal opinion of
the juvenile's guilt is not relevant to the defense of the case.
4. Expressed Preferences of the Juvenile
A. Defense counsel should represent the
juvenile's expressed preferences and follow the juvenile's direction throughout
the course of litigation. Defense counsel should refrain from the waiving of
substantial rights or the substitution of their own view or the parents' wishes
for the position of the juvenile. In addition, defense counsel has a
responsibility to advise the juvenile as to potential outcomes of various
courses of action.
B. Defense
counsel should advise the juvenile, present the juvenile with comprehensible
choices, help the juvenile reach his or her own decisions and advocate the
juvenile's viewpoint and wishes to the Court.
C. Defense counsel may request the
appointment of a guardian ad litem> if there are concerns
for the juvenile's safety, well-being, or physical, mental, or emotional health
and defense counsel believes a guardian ad litem is necessary
to advocate for the best interest of the juvenile.
5. Scope of Representation
A. Certain decisions relating to the conduct
of the case are ultimately for the juvenile and other decisions are ultimately
for defense counsel. The decisions which are to be made by the juvenile after
full consultation with defense counsel are:
(1) What pleas to enter;
(2) Whether to accept a plea
agreement;
(3) Whether to
participate in a program;
(4)
Whether to testify in his or her own behalf; and
(5) Whether to appeal.
B. Defense counsel should explain that final
decisions concerning trial strategy, after full consultation with the juvenile
and after investigation of the applicable facts and law, are ultimately to be
made by defense counsel. The juvenile should be made aware that defense counsel
is primarily responsible for deciding what motions to file, which witnesses to
call, what questions to ask, and what other evidence to present. Implicit in
the exercise of defense counsel's decision-making role in this regard is
consideration of the juvenile's input and full disclosure by defense counsel to
the juvenile of the factors considered by defense counsel in making the
decisions.
