§3306. Right to counsel
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).]
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).
Structure Maine Revised Statutes
TITLE 15: COURT PROCEDURE -- CRIMINAL
Chapter 507: PETITION, ADJUDICATION AND DISPOSITION
15 §3301. Preliminary investigation, informal adjustment and petition initiation
15 §3302. Petition, form and contents
15 §3303. Dismissal of petition with prejudice
15 §3306-A. Release or detention at first appearance
15 §3307. Disclosure of juvenile's identity
15 §3308. Juvenile case records; inspection and sealing (REPEALED)
15 §3308-B. Mandatory notice to schools
15 §3308-C. Confidentiality of juvenile case records
15 §3308-D. Confidentiality of Juvenile Court proceedings
15 §3309-A. Limitation on diagnostic evaluations
15 §3309-B. Limitations on diagnostic evaluations in a secure detention facility
15 §3310. Adjudicatory hearing, findings, adjudication
15 §3311. Social study and other reports
15 §3311-A. Eligibility for deferred disposition
15 §3311-B. Deferred disposition
15 §3311-C. Court hearing as to final disposition
15 §3311-D. Limited review by appeal
15 §3312. Dispositional hearing
15 §3313. Criteria for withholding an institutional disposition
15 §3314-A. Period of probation; modification and discharge
15 §3314-C. Juvenile restitution
15 §3315. Right to periodic review
15 §3315-A. Termination of parental rights
15 §3316. Commitment to the Department of Corrections or the Department of Health and Human Services
15 §3317. Disposition after return to Juvenile Court
15 §3318. Mentally ill or incapacitated juveniles (REPEALED)
15 §3318-A. Determination of competency of a juvenile to proceed in a juvenile proceeding
15 §3318-B. Disposition of a juvenile found incompetent to proceed