(a) Appearance required. The defendant and defendant’s counsel, if any, shall appear at the dispositional conference. The State shall be represented at the dispositional conference by an attorney who has full authority to make decisions regarding disposition of, and sentencing recommendations regarding, the charges against the defendant.(b) Participation. The court shall have broad discretion in the conduct of the dispositional conference. Counsel and unrepresented defendants must be prepared to engage in meaningful discussion regarding all aspects of the case with a view toward reaching an appropriate resolution. The court may participate in such discussions and may facilitate a plea agreement by suggesting or addressing a specific aspect of the matters under consideration.(c) Content of Discussions Inadmissible. Except when relevant to (1) the resolution of an ineffective assistance of counsel claim asserted by the participating defendant or (2) the enforcement or alleged violation of a plea agreement, including sentencing, evidence of conduct or statements made during the dispositional conference is not admissible for any purpose.(d) Agreement; Plea. If the parties reach a plea agreement, the court shall take the plea in open court or schedule the plea for a later time.(e) No Agreement; Subsequent Proceedings. If the parties do not reach a plea agreement, the matter shall be set for jury trial, unless the defendant waives the defendant’s right to a trial by jury. If the defendant waives the right to a trial by jury pursuant to Rule 23(a), the matter shall be set for a jury-waived trial. If any criminal charge discussed in a dispositional conference is accompanied by a civil violation triable of right by a jury, and the civil matter is not resolved at the dispositional conference, the civil matter shall be set for a jury-waived trial, unless the defendant files a demand for a jury trial and pays the $300 jury fee no later than 7 days after the dispositional conference, pursuant to M.R. Civ. P. 38.(f) No Agreement; Inquiry Regarding Indictment. If the parties fail to reach a plea agreement in a case involving a complaint or information that charges at least one Class C or higher crime, the court shall call upon the defendant to elect whether to waive the right to have the matter presented to the grand jury and to be prosecuted by indictment, and to proceed to trial upon the complaint or information. If indictment is not waived, the court shall schedule the matter for arraignment upon the indictment after the next term of the grand jury.
