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 649-101-6 - DISPOSITION
Current through 2024-13, March 27, 2024
1. In many cases, defense counsel's most valuable service to their clients will be rendered at this stage of the proceeding. An important part of representation in a juvenile case is planning for disposition. Defense counsel should not make or agree to a specific dispositional recommendation without the juvenile's consent.
2. Preparation. In preparation for a disposition hearing, defense counsel should prepare as for any other evidentiary hearing including the consideration of calling appropriate witnesses, the preparation of evidence in mitigation of or support of the recommended disposition. Among defense counsel's obligations in the disposition processes are:
3. Disposition Options
4. The Prosecution's Disposition Position
Defense counsel should attempt to determine whether the state attorney will advocate that a particular type or length of disposition be imposed and persuade the state attorney to support the juvenile's requested disposition.
5. Counseling after Disposition
When a disposition order has been entered, it is defense counsel's duty to explain the nature, obligations and consequences of the disposition to the juvenile and his or her family. The juvenile should also understand the consequences of a violation of probation, commitment, conditional release, or committing new offense.