Maine Revised Statutes Title 15 Sec. 3306 – Right to counsel
Current as of: 2023 | Check for updates
|
Other versions
1. Notice and appointment. The provisions of this subsection address a juvenile‘s right to counsel.
A. At a juvenile’s first appearance before the court, the juvenile and the juvenile’s parent or parents, guardian or legal custodian must be fully advised by the court of their constitutional and legal rights, including the juvenile’s right to be represented by counsel at every stage of the proceedings. At every subsequent appearance before the court, the juvenile must be advised of the juvenile’s right to be represented by counsel. [PL 2019, c. 525, §15 (AMD).]
B. If the juvenile requests an attorney and if the juvenile and the juvenile’s parent or parents, guardian or legal custodian are found to be without sufficient financial means, counsel must be appointed by the court. [PL 2019, c. 525, §15 (AMD).]
C. The court may appoint counsel without a request under paragraph B if the court determines representation by counsel necessary to protect the interests of the juvenile. [PL 2019, c. 525, §15 (AMD).]
D. The court shall appoint counsel to represent the juvenile upon the entry of a dispositional order that includes commitment to a Department of Corrections juvenile correctional facility. A juvenile’s right to counsel under this paragraph continues until the juvenile is discharged from the disposition. Counsel appointed under this paragraph may be in addition to any other counsel representing the juvenile. [PL 2021, c. 326, §5 (NEW).]
This subsection does not limit the court’s authority to appoint counsel for a juvenile at any time beginning with the detention of the juvenile under this Part.
[PL 2021, c. 326, §5 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3306
- Detention: means the holding of a person in a facility characterized by either physically restrictive construction or intensive staff supervision that is intended to prevent a person who is placed in or admitted to the facility from departing at will. See Maine Revised Statutes Title 15 Sec. 3003
- Facility: means any physical structure. See Maine Revised Statutes Title 15 Sec. 3003
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person's own affairs. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile: means a person who had not attained 18 years of age at the time the person allegedly committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
- Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Parent: means either a natural parent or the adoptive parent of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
2. State’s attorney. The district attorney or the attorney general shall represent the State in all proceedings under this chapter.
[PL 1977, c. 520, §1 (NEW).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §25 (AMD). PL 2019, c. 525, §15 (AMD). PL 2021, c. 326, §5 (AMD).