Code of Maine Rules
94 - INDEPENDENT AGENCIES
649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES
Chapter 301 - FEE SCHEDULE AND ADMINISTRATIVE PROCEDURES FOR PAYMENT OF COURT OR COMMISSION ASSIGNED COUNSEL
Section 649-301-4 - PRESUMPTIVE REVIEW
Universal Citation: 94 ME Code Rules ยง 649-301-4
Current through 2024-13, March 27, 2024
Vouchers submitted for amounts in excess of the applicable trigger for presumptive review will be considered for payment after review by the Executive Director or designee. Vouchers submitted in excess of the trigger for presumptive review must be accompanied by an explanation of the time spent on the matter. The explanation shall be set forth in the notes section of a voucher or invoice.
1. Trial Court Criminal Fees
A. Triggers for
presumptive review, excluding any itemized expenses, are set in accordance with
this subsection. Counsel must provide MCILS with written justification for any
voucher that exceeds the trigger limit.
1)
Murder. All murder cases shall trigger presumptive
review.
2)
Class A.
$5,000
3)
Class B and C
(against person). $4,000
4)
Class B and C (against property). $2,500
5)
Class D and E.
$2,500
6)
[Repealed]
7)
Post-Conviction Review. $3,000
8)
Probation Revocation. $1,500
9)
Miscellaneous (i.e.
witness representation on 5th Amendment grounds,
etc.). $1,000
10)
Juvenile. $1,500
11)
Bindover: applicable criminal class trigger
B. In cases involving multiple counts against
a single defendant, the triggering fee shall be that which applies to the most
serious count. In cases where a defendant is charged with a number of unrelated
offenses, counsel shall coordinate and consolidate services as much as
possible.
C. Criminal and juvenile
cases will include all proceedings through a terminal case event as defined in
Section 6 below. Any
subsequent proceedings, such as probation revocation, will require new
application and appointment.
D.
[Repealed]
E. Upon
written request to MCILS, a second Counsel, may be assigned in a murder case or
other complicated cases, to provide for mentorship, or for other good cause at
the discretion of the Executive Director:
1)
the duties of each Counsel must be clearly and specifically defined, and
counsel must avoid unnecessary duplication of effort;
2) each Counsel must submit a voucher to
MCILS. Counsel should coordinate the submission of voucher so that they can be
reviewed together. Co-counsel who practice in the same firm may submit a single
voucher that reflects the work done by each Counsel.
2. District Court Child Protection
A. Triggering fees,
excluding any itemized expenses, for Commission-assigned counsel in child
protective cases are set in accordance with the following schedule:
1)
Child protective cases (each
stage). $1,500
2)
Termination
of Parental Rights stage (with a hearing). $ 2,500
B. Counsel must provide MCILS with written
justification for any voucher that exceeds the triggering limit. Each child
protective stage ends when a proceeding results in a Preliminary Protective
Order, Judicial Review Order, Jeopardy Order, Order on Petition for Termination
of Parental Rights, or entry of a Family Matter or other dispositional order.
Each distinct stage in on-going child protective cases shall be considered a
new appointment for purposes of the triggering fee for that
case.
3. Other District Court Civil
A. Triggering fees
in District Court civil actions, excluding any itemized expenses, are set in
accordance with this subsection. Counsel must provide MCILS with written
justification for any voucher that exceeds the triggering fee.
1)
Application for Involuntary
Commitment. $1,000
2)
Petition for Emancipation. $1,500
3)
Petition for Modified Release
Treatment. $1,000
4)
Petition for Release or Discharge. $1,000
4. Law Court
A.
[Repealed]
B.
[Repealed]
C. Appellate: $2,000
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
