Juvenile Indigent Defense Delivery System
- The Maine Juvenile Defense Delivery System is based on the court appointments of private attorneys to delinquency cases.
- The Maine Commission on Indigent Legal Services oversees the appointment process.
- Juveniles are advised of their right to counsel at every court appearance. Me. Rev. Stat. Ann. tit. 15 § 3306(1)(A).
- If counsel is requested and the juvenile and his legal guardian are found to be indigent, the court shall appoint counsel. Me. Rev. Stat. Ann. tit. 15 § 3306(1)(B).
- In determining whether a juvenile is indigent, the court considers the income, credit standing, assets, living expenses, dependents, outstanding obligations, cost of retaining competent counsel. Me. R. Crim. P. 44(b).
- If the juvenile is an un-emancipated minor, the court will also consider the financial resources of their parents. Me. R. Crim. P. 44(b).
Ages of Juvenile Court Jurisdiction
- The youngest age at which a juvenile can be adjudicated delinquent is not specified by any statute.
- A juvenile who commits a crime after attaining the age of 18, will no longer be under the jurisdiction of Family Court. 15 Me. Rev. Stat. Ann§ 3003(14); Me. Rev. Stat. Ann. tit.15 § 3101(1)(d).
- The Family Court can retain jurisdiction of a juvenile who committed a crime prior to his/her 18th birthday until he/she turns 21. Me. Rev. Stat. Ann. tit. 15 § 3316(2)(a).
Right to Counsel Provision
- At first appearance before the court, the juvenile and parents, guardian or legal custodian shall be advised of their right to be represented by counsel at every stage of the proceedings
- Court may appoint counsel without the juvenile requesting counsel if the course deems representation by counsel necessary. Me. Rev. Stat. Ann. tit. 15 § 3306.
- Code Section and Rules of Court: Me. Rev. Stat. Ann. tit. 15 §§ 3201-3205, 3306, 3306-A.
- Detention Hearing: Within 48 hours of detention, excluding weekends and holidays.
- Appointed Counsel at Detention Hearing: Yes. Court shall appoint counsel if requested. Me. Rev. Stat. Ann. tit. 15 § 3306.
Disproportionate Minority Confinement
- Click here to view information regarding minority confinement
Life Without Parole
- There is no minimum age for prosecution as an adult in Maine
- Maine does have life without parole for adult and juveniles, but has never sentenced a juvenile bound-over into adult court to life without parole.
Important Maine Resources
- Maine CASA — Augusta, ME
- Organization that recruits, trains, and oversees volunteers who help Maine foster children find safe, permanent, and loving homes.
- The Restorative Justice Project — Belfast, ME
- Provides at risk youth and juvenile offenders with alternatives to arrest, adjudication, jail, and probation. Promotes fundamental change in the justice system and schools.
- Long Creek Youth Development Center — South Portland, ME