Code of Maine Rules
94 - INDEPENDENT AGENCIES
649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES
Chapter 101 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT JUVENILES IN JUVENILE COURT PROCEEDINGS
Section 649-101-5 - ADJUDICATORY HEARINGS
Current through 2024-13, March 27, 2024
1. Client Explanation
Defense counsel should explain to the juvenile, in a developmentally appropriate manner, what is expected to happen before, during and after each hearing. The attorney should advise the juvenile as to suitable courtroom dress and demeanor.
2. Materials Available. Where appropriate, defense counsel should have the following materials available at the time of trial:
3. Motions and Objections
Defense counsel should make appropriate motions, including motions in limine and evidentiary and other objections, to advance the juvenile's position at trial or during other hearings. Defense counsel should be aware of the burdens of proof, evidentiary principles and court procedures applying to the motion hearing. Further, during all hearings, defense counsel should preserve legal issues for appeal, as appropriate.
4. Sequestration of Witnesses
Prior to delivering an opening statement, defense counsel should ask for the rule of sequestration of witnesses to be invoked, unless a strategic reason exists for not doing so.
5. Opening Statements
6. Confronting the Prosecutor's Case
Defense Counsel should attempt to anticipate weaknesses in the prosecution's proof.
7. Cross Examination
8. Conclusion of Prosecution's Evidence
Upon conclusion of the state's evidence, defense counsel should motion for a judgment of acquittal, make appropriate argument, and present appropriate case law. See Maine Rules of Criminal Procedure 29. If the motion of acquittal is denied, defense counsel should be prepared to renew the motion for judgment of acquittal at the end of all evidence in the case.
9. Defense Strategy
Defense counsel should develop, in consultation with the juvenile, an overall defense strategy. In deciding on a defense strategy, an attorney should consider whether the juvenile's legal interests are best served by not putting on a defense case and instead relying on the prosecution's failure to meet its constitutional burden of proving each element beyond a reasonable doubt. In developing and presenting the defense case, defense counsel should consider the implications it may have for a rebuttal by the prosecutor.
10. Affirmative Defenses
Defense counsel should be aware of the elements of any affirmative defense and know whether the juvenile bears the burden of persuasion or a burden of production.
11. Direct Examination
Defense counsel should prepare all witnesses for direct and possible cross-examination. Where appropriate, defense counsel should also advise witnesses of suitable courtroom dress and demeanor.
12. Preservation of Appellate Record
Throughout the trial process defense counsel should endeavor to establish a proper record for appellate review.
13. Client's Right to Testify
14. Preparation of Juvenile to Testify
Defense counsel should prepare the juvenile to testify. This should include familiarizing the juvenile with the courtroom, court procedures, and what to expect during direct and cross-examination. Often the decision whether to testify may change at trial. Thus, it is beneficial to prepare in case the juvenile chooses to testify.
15. Questioning the Juvenile
Defense counsel should seek to ensure that questions to the juvenile are phrased in a developmentally appropriate manner. Defense counsel should object to any inappropriately phrased questions by the court or an opposing counsel.
16. Renew Motion for Judgment of Dismissal
At the close of the defense case, defense counsel should renew the motion for judgment of acquittal on each charged count, renew all prior objections and motions and if appropriate submit further argument to the court.
17. Closing Arguments