Code of Maine Rules
94 - INDEPENDENT AGENCIES
649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES
Chapter 302 - PROCEDURES REGARDING FUNDS FOR EXPERTS AND INVESTIGATORS
Section 649-302-2 - APPLICATION FOR FUNDS FOR EXPERT AND INVESTIGATIVE ASSISTANCE

Universal Citation: 94 ME Code Rules ยง 649-302-2

Current through 2024-13, March 27, 2024

1. Who May Apply. Any person who is entitled to representation at state expense under the United States Constitution or the Constitution or laws of Maine and who has been found indigent by a state court or who claims to be without sufficient funds to employ necessary expert or investigative assistance may file, on his or her own or through his or her attorney, applications to MCILS for funds to obtain expert or investigative assistance or both.

2. Application Directed to the Executive Director. An application for funds to obtain necessary expert or investigative assistance or both shall be directed to the Executive Director.

3. Form and Contents of Application. The application shall:

A. Be in writing and include a case caption setting forth the court in which the case is pending, the docket number, and the parties;

B. Set forth the date on which the applicant was found indigent or, if the applicant has not been found indigent, set forth the basis on which the applicant claims to be without sufficient funds. For persons not found indigent by a court, the application shall be supported by an affidavit demonstrating financial need;

C. Describe the nature of the proceeding for which assistance is sought, and in proceedings with respect to adult or juvenile crimes, specifically identify each pending charge and class of each pending charge;

D. Set forth a clear and concise statement of the reasons why the assistance is necessary for adequate presentation of the applicant's claim or defense; and E. Set forth a clear and concise statement as to the work that will be done by the expert and/or investigator.

4. Electronic Filing Permitted. The application must be filed with MCILS according to the procedure directed by the Executive Director. Any procedure developed by the Executive Director shall be designed to protect privileged information from disclosure, and to promote the efficient handling of funds requests by Commission staff.

A. Email. Applications filed by email shall be directed to the Executive Director at the email address for the Executive Director listed on the MCILS website. The application shall be transmitted as an attached document and not set forth in the body of the email. Electronic documents that reflect the signature of the applicant or the applicant's attorney are preferred but are not required.

B. Repealed.

C. Repealed.

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.
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