94 M.R.S. § 649-2-3 - Minimum Eligibility Requirements

To become and/or remain Eligible, an attorney must-at a minimum-satisfy the following conditions:

1. Application

a. Complete an application in the manner prescribed by the Commission through its Executive Director. The Executive Director will not act on an application until it is complete.

b. If any of the information on the application changes prior to the Executive Director acting on the application, the attorney must immediately notify the Commission via email prior to receiving a decision on the application.

c. No attorney will receive an Assignment until that attorney completes an application and is deemed Eligible to receive Assignments of that type.

2. Licensed to Practice

a. The attorney must be licensed to practice law in the State of Maine and be in good standing with the Maine Board of Overseers of the Bar.

b. The attorney must inform the Commission, in writing, of any complaint against the attorney filed with the Maine Board of Overseers of the Bar, or any entity charged with governing the conduct of attorneys in any other jurisdiction. The attorney must so inform the Commission within 5 days of knowing or having reason to know of such complaint. Failure to comply with this requirement is grounds for removal or suspension in accordance with Section 5 herein.

c. The attorney must inform the Commission, in writing, of any suspension of the attorney's privilege to practice law in any jurisdiction within 24 hours of receiving actual or constructive notice of the suspension. Failure to comply with this requirement is grounds for suspension or removal in accordance with Section 5 herein.

d. The attorney must inform the Commission, in writing, within 5 days of any criminal charge filed against the attorney in any jurisdiction and promptly inform the Commission of any disposition of such charge. Failure to comply with this requirement is grounds for suspension or removal in accordance with Section 5 herein.

3. Proficiency

a. The attorney must be knowledgeable of the Maine Rules of Evidence.

b. The attorney must be knowledgeable of the rules of procedure applicable to the area(s) of law they practice.

c. The attorney must be knowledgeable of the applicable law in their area(s) of practice.

d. The attorney must be knowledgeable of the Maine Rules of Professional Conduct.

e. The attorney must only represent clients in assigned cases for which they are Eligible. If an attorney is assigned to a case for which they are not Eligible, the attorney must- within three business days of receiving actual or constructive notice of the appointment -submit a complete application for the applicable case type, file a motion for appointment of Eligible co-counsel, or file a motion to withdraw from the case. If the attorney elects to withdraw from the case, the attorney must fulfill their obligations pursuant to the Maine Rules of Professional Responsibility and the relevant rules of procedure.

4. Training

a. Before being deemed Eligible and receiving Assignments, an attorney must satisfactorily complete a designated Commission-sponsored or Commission-approved training course in each area of the law for which the attorney is seeking to receive Assignments. This includes but is not limited to the following areas of law: criminal defense, lawyer of the day, juvenile defense, civil commitment, child protective, not criminally responsible release hearings, guardianship, and emancipation.

b. The attorney shall meet any specific training requirements of any Specialized Panels.

c. To maintain their eligibility, an attorney must annually complete 8 hours of continuing legal education (CLE) approved by the Commission. All the CLE hours must be related to the area(s) of law that the attorney practices.

5. Technological Literacy

a. The attorney must personally have the ability to do the following:

i. Open, read, reply to, forward, save, and print emails. Attach files to and download attachments from emails.

ii. Electronically sign documents.

iii. Scan, attach, and upload or email documents.

iv. Use Share File and other systems used by courts for the purpose of e-filing or sharing information with attorneys.

v. View, download, save, copy, and disseminate in a confidential manner all discovery received in electronic form.

vi. Opt in and out of Rosters using the Commission's electronic case management system.

6. Annual Renewal

a. The attorney must register with the Commission annually in a manner prescribed by the Commission.

b. The annual renewal form will require the attorney to provide certain information, including but not limited to:

i. The attorney's contact information.

ii. A list of the qualifying CLE credits the attorney has completed for the relevant period.

iii. Whether they have had any bar complaints since their last successful renewal.

iv. Whether they have been charged with a civil or criminal offense since their last successful renewal.

v. Any other information deemed appropriate by the Executive Director.

c. The annual renewal form may also require the attorney to make certifications, including but not limited to:

i. That the attorney has read, understands, and agrees to abide by all Commission rules and policies.

ii. That the attorney is licensed to practice law in Maine.

iii. A statement about what percentage of the attorney's work hours is spent on assigned cases.

iv. That the attorney has not been charged with a criminal offense which they have failed to disclose to the Commission.

v. That the attorney has not been the subject of any Board of Bar Overseers complaints which they have failed to disclose to the Commission.

vi. That all information submitted and certifications made on the annual renewal form are complete and accurate.

vii. Any certification designed to assess compliance with Commission rules or policies.

viii. Any other certifications deemed appropriate by the Executive Director.

d. Any attorney who fails to successfully and timely complete the annual renewal will be deemed ineligible to receive Assignments. The attorney may have their eligibility restored upon successful completion of the annual renewal if they are in compliance with all Commission rules.

7. Office, Telephone, and Electronic Mail

a. The attorney must maintain an office or have the use of space that is reasonably accessible to clients and that permits the private discussion of confidential and other sensitive matters.

b. The attorney must maintain a telephone number, which shall be staffed by personnel available for answering telephone calls or an answering service, an answering machine or voicemail capability that ensures client confidentiality.

c. The attorney must maintain a confidential working e-mail account as a means of receiving information from and providing information to the Commission. The e-mail address must not be owned or accessible by any person or entity other than the attorney or the entity they own or are employed by.

d. The attorney must keep the Commission and the courts in which the attorney represents indigent clients apprised of the attorney's work telephone number and postal and e-mail addresses. The attorney must ensure that the court has the ability to contact the attorney by e-mail, mail, and telephone.

8. Attorney Cooperation with Procedures and Monitoring

a. The attorney must comply with all applicable Commission rules and procedures.

b. The attorney must comply with Commission monitoring and performance evaluations.

c. The attorney must comply with any Commission investigation of complaints, billing discrepancies, or other information. Except as pertains to indigent cases assigned to the attorney, the Executive Director cannot require an attorney to disclose information that is privileged or made confidential by statute, court rule or court order.

Notes

94 M.R.S. § 649-2-3