94-649-4 Me. Code R. § 2

Current through 2024-50, December 11, 2024
Section 649-4-2 - CASE TYPE CALCULATION
A. Criminal & Juvenile Cases:
i. In each docket, the charge assigned the highest points-at the time of appointment- determines the case type.
ii. Other offenses contained within a single charging instrument are not assigned a point value.
iii. If an attorney represents a client on multiple dockets, each docket is considered a separate case. Each separate case is assigned cumulative points.
iv. The point value assigned is applicable to each case from assignment through disposition of the matter. Post-conviction reviews and probation violations are considered new case types, regardless of whether the attorney represented the client in the original case.
B. Child Protective Cases:
i. The point value assigned is applicable to the entire case, from assignment through final resolution of the matter at the district court level. Points are not assigned to each distinct phase (e.g., jeopardy, termination of parental rights).
ii. If a client has multiple pending child protective docket numbers because the client has multiple children, only one docket number is assigned a point value at any one time.
C. Appeals to the Supreme Judicial Court of Maine:
i. Appeals to the Supreme Judicial Court of Maine are considered new case types, regardless of whether the attorney represented the client in the trial court.
D. Lawyer of the Day:
i. The point value associated with lawyer for the day duties is assigned per appearance.
1. If counsel serves as lawyer of the day for a morning session that continues into the afternoon, that will be one appearance. If counsel serves as lawyer of the day for a morning session and then a subsequent afternoon session with a second appearance time and list, that will be two appearances.
2. Lawyer of the Day points are calculated on a rolling 12-month basis. This means that all of an attorney's LOD appearances from the preceding 12 months will be included in the attorney's point calculation.
E. PDS Liaison:
A. PDS Liaison assignments are assigned points based on the hours the particular PDS Liaison spent performing PDS Liaison services in the preceding 12 months. The total hours performed as PDS Liaison are then converted to points based on 7.4 hours being worth 1 point.

94-649 C.M.R. ch. 4, § 2