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Rule 69A – Assigned Justice or Judge

May 13, 2021 | Criminal Procedure, Maine

(a) Assignment by Chief Justice of the Superior Court or by Designee.

The Chief Justice of the Superior Court or the Chief Justice’s designee shall assign petitions for post-conviction review.

(b) Assignment of Trial Justice or Judge.

(1) When the petition addresses a conviction in the trial court, the trial justice or trial judge who imposed sentence or ordered commitment under 15 M.R.S. ยง103 may be assigned to the post-conviction review proceeding unless the trial justice or trial judge is disqualified or is otherwise unavailable.
(2) When the petition addresses a juvenile proceeding in the District Court, the trial judge who imposed juvenile disposition may be assigned to the specifically to hear the post-conviction review proceeding, unless the judge is disqualified or is otherwise unavailable.
(c) Assignment Other Than of the Trial Justice or Trial Judge. If the trial justice or trial judge is not assigned under subdivision (b), the petition for post-conviction review may be assigned to any justice or judge.

Me. R. Uni. Crim. P. 69A

Last amended effective November 2, 2016.