LD 340
pg. 2
Page 1 of 2 An Act To Amend Certain Aspects of Post-conviction Review Procedure LD 340 Title Page
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LR 815
Item 1

 
SUMMARY

 
This bill:

 
1. Broadens the definition of "assigned justice" in the
Maine Revised Statutes, section 2121, subsection 1-A to
include a judge of the District Court who has been given
authorization to sit in the Superior Court on post-conviction
review cases;

 
2. Amends section 2123, subsection 1-A to allow a judge of
the District Court who has been given authorization to sit in
the Superior Court on post-conviction review cases to exercise
the same jurisdiction as the Superior Court Justice relative
to post-conviction review proceedings;

 
3. Corrects a current inconsistency between section 2129,
subsection 3 and section 2129, subsection 1, paragraph C
created by the 1991 amendment to subsection 3, Public Law
1991, chapter 622, Part D. Specifically, it replaces the
reference in paragraph C to the Attorney General with a
reference to the prosecutorial office that earlier represented
the State in the underlying criminal or juvenile proceeding.
Subsection 3 provides that representation of the respondent
can be either the office of the Attorney General or the office
of a district attorney;

 
4. Repeals section 2129, subsection 2 that requires that
the procedure for the assignment of a post-conviction review
case be addressed pursuant to an administrative order by the
Chief Justice of the Supreme Judicial Court. With its repeal,
the assignment of petitions for post-conviction review becomes
a matter to be addressed by the Supreme Judicial Court by rule
as provided for in section 2129, subsection 5; and

 
5. Makes technical drafting changes to section 2129,
subsection 5.


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