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