Current through 2024-50, December 11, 2024
Section 649-302-2 - APPLICATION FOR FUNDS FOR EXPERT AND INVESTIGATIVE ASSISTANCE1.Who May Apply. Any person who is entitled to representation at state expense under the United States Constitution or the Constitution or laws of Maine and who has been found indigent by a state court or who claims to be without sufficient funds to employ necessary expert or investigative assistance may file, on their own or through their attorney, applications to PDS for funds to obtain expert or investigative assistance or both.2.Application Directed to the Executive Director. An application for funds to obtain necessary expert or investigative assistance or both shall be directed to the Executive Director.3.Form and Contents of Application. The application shall: A. Be completed on a form designated by the Executive Director.B. include the case caption and the docket number;C. Set forth the date on which the applicant was found indigent or, if the applicant has not been found indigent, set forth the basis on which the applicant claims to be without sufficient funds. For persons not found indigent by a court, the application shall be supported by an affidavit demonstrating financial need;D. Describe the nature of the proceeding for which assistance is sought, and in proceedings with respect to adult or juvenile crimes, specifically identify the name and class or statutory cite of the most serious charge, or of the charge which is the basis for the request for funds.E. Set forth a clear and concise statement of the reasons why the assistance is necessary for adequate presentation of the applicant's claim or defense; andF. Set forth a clear and concise statement as to the work that will be done by the expert and/or investigator.4.Electronic Filing Permitted. The application must be filed with PDS according to the procedure directed by the Executive Director. Any procedure developed by the Executive Director shall be designed to protect privileged information from disclosure, and to promote the efficient handling of funds requests by Commission staff.94-649 C.M.R. ch. 302, § 2