Waiver of counsel, 2014
Right to counsel can be waived if the juvenile has been informed of his or her right to counsel and knowingly fails to request counsel.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Maine, an attorney for a juvenile can be appointed at the following points in the process: Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the local level (county/judicial district) with varying state oversight
Organizer: Maine Commission on Indigent Defense Legal Services
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Maine indigency law is governed by both juvenile and adult statutes, which provide for a determination of indigency. Maine law also requires, by statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined.
Courtroom shackling, 2015
Restricted by judiciary
In Maine, M.R. Crim. P. 43A (eff. 10/19/15) prohibits routine use of physical restraints, unless the court determines that the juvenile’s current or past behavior creates a (substantial) safety threat or risk of flight and no less restrictive alternatives are available. If use of restraints is ordered over the objection of the juvenile, findings of fact must be made on the record.
Sex offender registration, 2015
Does not register
In Maine, the legal basis for juvenile competency is found in juvenile statute, which aligns with the Dusky standard. Statutory procedures include time lines, placements, treatments, and factors that the court must consider for the determination. Maine recognizes "chronological immaturity," which is a condition based on a juvenile's age and significant lack of developmental skills when the juvenile has no significant mental illness or mental retardation.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity