Supreme Judicicial Court
| Date | 01 January 2001 |
| Publication year | 2001 |
| Pages | 20 |
| Citation | Vol. 01 No. 2001 Pg. 20 |
January 2001, pg. 20. Supreme Judicicial Court
January 2001
Docket No. SJC-21
The following amendments to Maine Rules of Criminal Procedure are hereby adopted, prescribed, and promulgated, to become effective on January 1, 2001.
1. Rule 4 (a) of the Maine Rules of Criminal Procedure is amended to read as follows:
(a) Issuance of Warrant or Summons.
(1) Warrant or Summons Upon Indictment. Upon the request of the attorney for the state, or by direction of the court, the clerk shall issue a warrant or a summons for the defendant named in an indictment.
(2) Warrant or Summons Upon Information or Complaint. If it appears from the information or complaint, or from an affidavit or affidavits sworn to before a District Court judge or other officer empowered to issue process against persons charged with offenses against the state and filed with the information or complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant or summons shall issue.
(3) Possession of Warrant. There shall be an original and an attested copy of the warrant. The original shall remain in the issuing court. The attested copy shall remain in the possession of the arrest warrant repository or the investigation agency, as provided by and the standards issued pursuant to that chapter.
When a warrant is signed by a judicial officer outside of the regular business hours of a court, the original warrant must be filed on the next regular business day. The filing must be made in person, or by mail, with the court that would have jurisdiction and venue over a criminal action resulting from the warrant.
2. Rule 4(c)(4) of the Maine Rules of Criminal Procedure is deleted and replaced by the following:
(4) Service of Summons. The clerk shall mail a summons to the defendant's last known address or shall deliver it to any officer authorized by law to execute or serve it or to the attorney for the state, unless the defendant is in custody or otherwise before the court. More than one summons may issue for a defendant. Personal service is effected by delivering a copy to the defendant personally or by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. A summons to a corporation shall be served in the same manner as a summons to a corporation is served in a civil case.
3. Rule 4(c)(5) of the Maine Rules of Criminal Procedure is added to read as follows:
(5) Failure of Service or Failure to Appear in Response to Summons. If a mailed summons is returned undelivered or if a defendant cannot be personally served or if a defendant fails to appear in response to a summons, the clerk shall request the court to authorize a warrant.
4. Rule 4(d)(1) of the Maine Rules of Criminal Procedure is amended to read as follows:
(1) Warrant. The officer executing a warrant shall make a return of the warrant as provided by 15 M.R.S.A. ch. 99 and the standards issued pursuant to that chapter.
5. Rule 5(c) of the Maine Rules of Criminal Procedure is amended to read as follows:
(c) Further Statement with Respect to Class C or Higher Crimes. A person charged with a Class C or higher crime shall not be called upon to plead. In addition to the statements in subsection (b) of this rule, the District Court judge shall inform the person both of the duty placed on the person by 14 M.R.S.A. §3141(3) of immediate payment in full of any fine that ultimately may be imposed if convicted of the charges against the person and of the person's right to have a bind-over hearing pursuant to Rule 5A. If the person waives a bind-over hearing, the District Court judge shall forthwith hold the person to answer in the Superior Court in the county in which the trial is to be held pursuant to Rule 21, and shall notify the person of the person's right to apply for a waiver of indictment.
6. Rule 5(d) of the Maine Rules of Criminal Procedure is amended to read as follows:
(d) Further Statement with Respect to Class D or E Crimes. In addition to the statements in subsection (b) of this rule, before calling upon the person to plead, the District Court judge shall inform the person of:
(1) the maximum penalties and any applicable mandatory minimum penalties;
(2) the person's right to trial by jury and of the necessity of a demand for jury trial in accordance with these rules; and
(3) the duty placed on the person by 14 M.R.S.A. §3141(3) of immediate payment in full of any fine imposed by the court if convicted of the charges against that person.
A person charged with a Class D or Class E crime shall be called upon to plead unless that person has requested a reasonable time and opportunity to consult with counsel.
7. Rule 5A of the Maine Rules of Criminal Procedure is deleted and replaced by the following:
(a) When Bind-Over Hearing Must Be Held. Unless waived under subdivision (b) or preempted under subdivision (c), a bind-over hearing for a person charged with a Class C or higher crime shall be held before a District Court judge in the appropriate division within a reasonable time after the person is charged.
(b) Waiver of Bind-Over Hearing.A bind-over hearing shall not be held if the person waives a bind-over hearing. If the person waives a bind-over hearing, the District Court judge shall forthwith hold the person to answer in the Superior Court in the county in which the trial is to be held pursuant to Rule 21, and, except as to the crime of murder, shall notify the person of the person's right to apply for a waiver of indictment. The District Court shall transmit to the appropriate Superior Court the District Court's entire original file in the case, any bail that has been taken and a copy of all the docket entries.
(c) Bind-Over Hearing Preempted.A bind-over hearing shall not be held if the person is indicted or if an information against the person is filed in the Superior Court before the date set for the bind-over hearing. The Superior Court shall notify the appropriate District Court of that fact and the District Court shall transmit to the Superior Court the District Court's entire original file in the case, any bail that has been taken and a copy of all the docket entries.
(d) Bind-Over Hearing Procedure.At a bind-over hearing, the burden is on the state to establish that there is probable cause to believe that an offense has been committed and that the person committed it. Evidence presented at a bind-over hearing may include testimony, affidavits and other reliable hearsay evidence as permitted by the court. The person may cross- examine witnesses against the person and may introduce evidence in that person's behalf.
(e) Court Findings at a Bind-Over Hearing.
(1) Finding of Probable Cause. If from the evidence presented the court is satisfied that the state has met its burden of proof, the District Court judge shall forthwith hold the person to answer in the Superior Court in the county in which the trial is to be held pursuant to Rule 21 and, except as to the crime of murder, shall notify the person of the person's right to apply for a waiver of indictment. The District Court shall transmit to the appropriate Superior Court the District Court's entire original file on the case, any bail that has been taken and a copy of all the docket entries.
(2) Finding of no Probable Cause. If from the evidence presented the court is not satisfied that the state has met its burden of proof, the District Court judge shall dismiss the complaint without prejudice and shall discharge the person.
(f) Electronic Recording of the Bind-Over Hearing. The bind-over hearing shall be electronically recorded as provided in Rule 27.
8. Rule 5C(c) of the Maine Rules of Criminal Procedure is amended to read as follows:
(c) Further Statement by the Superior Court Justice. In addition to the statements in subsection (b) of this rule, the Superior Court justice shall inform the person of the duty placed upon the person by 14 M.R.S.A. §3141(3) of immediate payment in full of any fine that ultimately may be imposed by the court if convicted of the charges against the person.
9. Rule 5C(d) is added to read as follows:
(d) Assignment of Counsel. When a person is entitled to court- appointed counsel, the Superior Court justice shall appoint counsel to represent the person for initial appearance, unless the person elects to proceed without counsel. Counsel may be appointed for the limited purpose of representing the person at initial appearance or arraignment.
A person who has been allowed a reasonable time and opportunity to consult with counsel shall be called upon to plead.
10. Rule 17(g) of the Maine Rules of Criminal Procedure is deleted and replaced by the following:
(g) Enforcement of Subpoena. If a person fails to obey a subpoena served upon that person, the court may issue a warrant or order of arrest.
11. Rule 22(c) of the Maine Rules of Criminal Procedure is amended to read as follows:
(c) Time of Transfer. When the case is in order for transfer to the Superior Court, the clerk shall transmit to the Superior Court the District Court's entire original file in the case any bail that has been taken and a copy of all the docket entries. A case is in order for transfer when the time period for making pretrial motions has expired and judicial action has been completed on all pretrial matters. Upon transfer of an action to the Superior Court bail shall continue until further order of the Superior Court.
12. Rule 35(f) of the Maine Rules of Criminal Procedure is amended to read as follows:
(f) Appeal by Defendant. A defendant may appeal from an...
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