94-649 C.M.R. ch. 101, § 1 - SCOPE & PURPOSE

1. These Standards apply whenever defense counsel is assigned pursuant to the Maine Commission on Indigent Legal Services' (MCILS) jurisdiction to provide representation to juveniles charged with juvenile or adult crimes who are financially unable to retain defense counsel and who are entitled to representation pursuant to the United States and Maine Constitutions.

2. These standards are intended as a guide for assigned defense counsel and for use by MCILS in evaluating, supervising and training assigned counsel. Although MCILS understands that not every action outlined in these standards is necessary in every case, the Commission will apply these standards, the Maine Rules of Criminal Procedure, the Maine Juvenile Code, and the Maine Rules of Professional Conduct, as well as all other Commission policies and procedures in evaluating the performance or conduct of counsel.

3. Role of defense counsel for the juvenile. The paramount obligation of defense counsel for the juvenile is to provide zealous and quality representation to the juvenile at all stages of the process. Defense counsel's personal opinion of the juvenile's guilt is not relevant to the defense of the case.

4. Expressed Preferences of the Juvenile

A. Defense counsel should represent the juvenile's expressed preferences and follow the juvenile's direction throughout the course of litigation. Defense counsel should refrain from the waiving of substantial rights or the substitution of their own view or the parents' wishes for the position of the juvenile. In addition, defense counsel has a responsibility to advise the juvenile as to potential outcomes of various courses of action.

B. Defense counsel should advise the juvenile, present the juvenile with comprehensible choices, help the juvenile reach his or her own decisions and advocate the juvenile's viewpoint and wishes to the Court.

C. Defense counsel may request the appointment of a guardian ad litem> if there are concerns for the juvenile's safety, well-being, or physical, mental, or emotional health and defense counsel believes a guardian ad litem is necessary to advocate for the best interest of the juvenile.

5. Scope of Representation

A. Certain decisions relating to the conduct of the case are ultimately for the juvenile and other decisions are ultimately for defense counsel. The decisions which are to be made by the juvenile after full consultation with defense counsel are:

(1) What pleas to enter;

(2) Whether to accept a plea agreement;

(3) Whether to participate in a program;

(4) Whether to testify in his or her own behalf; and

(5) Whether to appeal.

B. Defense counsel should explain that final decisions concerning trial strategy, after full consultation with the juvenile and after investigation of the applicable facts and law, are ultimately to be made by defense counsel. The juvenile should be made aware that defense counsel is primarily responsible for deciding what motions to file, which witnesses to call, what questions to ask, and what other evidence to present. Implicit in the exercise of defense counsel's decision-making role in this regard is consideration of the juvenile's input and full disclosure by defense counsel to the juvenile of the factors considered by defense counsel in making the decisions.

Notes

94-649 C.M.R. ch. 101, § 1