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Title 15 - §3401. Appeals structure and goals

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS

§3401. Appeals structure and goals

1. Structure. Except as otherwise provided, appeals from the juvenile court shall be to the Superior Court and appeals from the Superior Court shall be to the Law Court. [1979, c. 512, § 8 (rpr).]

2. Goals of juvenile appellate structure. The goals of the juvenile appellate structure are:

A. To correct errors in the application and interpretation of law; [1979, c. 512, § 8 (rpr).]

B. To insure substantial uniformity of treatment to persons in like situations; and [1979, c. 512, § 8 (rpr).]

C. To provide for review of juvenile court decisions so that the legislatively defined purposes of the juvenile justice system as a whole are realized. [1979, c. 512, § 8 (rpr).]

[1979, c. 512, § 8 (rpr).]

3. [1979, c. 512, § 8 (rp).]

4. [1979, c. 512, § 8 (rp).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§44 (AMD).
PL 1979,
Ch. 512,
§8 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3402. Appeals to Superior Court

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS

§3402. Appeals to Superior Court

1. Matters for appeal. Appeals of the following matters may be taken from the juvenile court to the Superior Court by a party specified in subsection 2:

A. An adjudication, provided that no appeal shall be taken until after an order of disposition; [1979, c. 512, §9 (rpr).]

B. An order of disposition, or of any subsequent order modifying disposition, for an abuse of discretion; and [1997, c. 645, §11 (amd).]

C. [1997, c. 645, §12 (rp).]

D. A detention order or any refusal to alter an order for changed circumstances entered pursuant to section 3203-A, subsection 5, for abuse of discretion, provided that the appeal shall be handled expeditiously. [1989, c. 502, Pt. A, §45 (amd).]

[1997, c. 645, §§11, 12 (amd).]

2. Who may appeal. An appeal may be taken by the following parties:

A. The juvenile; or [1979, c. 512, §9 (rpr).]

B. The juvenile's parents, guardian or legal custodian on behalf of the juvenile, if the juvenile is not emancipated and the juvenile does not wish to appeal. [1979, c. 512, §9 (rpr).]

[1979, c. 512, §9 (rpr).]

3. Appeals by the State. The State may appeal from the juvenile court to the Superior Court for the failure of the juvenile court to order a bind-over. [1979, c. 512, §9 (rpr).]

4. Stays and releases. On an appeal pursuant to subsection 1, paragraphs A and B, the Superior Court shall consider a stay of execution and release pending the appeal. [1997, c. 645, §13 (amd).]

5. Time for appeals. An appeal from the juvenile court to the Superior Court must be taken within 5 days of the entry of an order of disposition or other appealed order or such further time as the Supreme Judicial Court may provide pursuant to a rule of court. [1991, c. 202 (amd).]

6. [1979, c. 512, §9 (rp).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§45 (AMD).
PL 1979,
Ch. 512,
§9 (RPR).
PL 1989,
Ch. 502,
§A45 (AMD).
PL 1991,
Ch. 202,
§ (AMD).
PL 1997,
Ch. 645,
§11 (AMD).
PL 1997,
Ch. 645,
§11-13 (AMD).
PL 1997,
Ch. 645,
§12 (AMD).
PL 1997,
Ch. 645,
§13 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3403. Rules for appeals

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS

§3403. Rules for appeals

Procedure for appeals from the juvenile court to the Superior Court, including provision for a record, subject to section 3405, shall be as provided by rule promulgated by the Supreme Judicial Court. [1979, c. 512, § 10 (rpr).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1979,
Ch. 512,
§10 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3404. Counsel on appeal

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS

§3404. Counsel on appeal

A juvenile or other party specified in section 3402, subsection 2, paragraph B, who is indigent shall be entitled to appointment of counsel. [1979, c. 512, § 11 (rpr).]

1. [1979, c. 512, § 11 (rp).]

2. [1979, c. 512, § 11 (rp).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1979,
Ch. 512,
§11 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3405. Scope of review on appeal; record

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS

§3405. Scope of review on appeal; record

1. Scope of review. Review on all appeals from juvenile court to Superior Court shall be for errors of law or abuses of discretion. The Superior Court may affirm, reverse or modify any order of the Juvenile Court or remand for further proceedings. The Superior Court shall enter a new order of disposition if it finds that the Juvenile Court's disposition was an abuse of discretion. [1979, c. 681, § 33 (amd).]

2. Record on appeals. In appeals taken pursuant to section 3402, subsection 1, paragraphs A and B, review must be on the basis of the record of the proceedings in Juvenile Court. In the interest of justice, the Superior Court may order that the record must consist of:

A. The untranscribed sound recording of the proceedings; or [1979, c. 512, § 12 (rpr).]

B. An agreed or settled statement of facts with the consent of the parties. [1979, c. 512, § 12 (rpr).]

[1997, c. 645, §14 (amd).]

3. Record on appeals of detention orders. In appeals taken pursuant to section 3402, subsection 1, paragraph D, the court shall order a review by the most expeditious of the following methods that is consistent with the interests of justice:

A. The untranscribed sound recording of the detention hearing; [1979, c. 512, § 12 (reen).]

B. Evidence presented to the Superior Court, provided the scope of review shall be as specified in subsection 1; [1979, c. 512, § 12 (reen).]

C. A transcribed record; or [1979, c. 512, § 12 (reen).]

D. A record consisting of a statement of facts as described in subsection 2, paragraph B. [1979, c. 512, § 12 (reen).]

[1979, c. 512, § 12 (reen).]

4. [1979, c. 512, § 12 (rp).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1977,
Ch. 664,
§46 (AMD).
PL 1979,
Ch. 512,
§12 (RPR).
PL 1979,
Ch. 681,
§33 (AMD).
PL 1997,
Ch. 645,
§14 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3406. Disposition of appeals (REPEALED)

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS

§3406. Disposition of appeals (REPEALED)

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1979,
Ch. 512,
§13 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 15 - §3407. Appeal to the Law Court

Title 15: COURT PROCEDURE -- CRIMINAL
Part 6: MAINE JUVENILE CODE
Chapter 509: APPEALS

§3407. Appeal to the Law Court

1. Appeals from the juvenile court by the State. The State may appeal from a decision or order of the juvenile court to the Law Court to the same extent and in the same manner as in criminal cases under section 2115-A. [1979, c. 512, § 14 (new).]

2. Appeals from the Superior Court.

A. Decisions of the Superior Court on appeal from the Juvenile Court, as to matters described in section 3402, subsection 1, paragraph A only, may be appealed to the Law Court by an aggrieved party. An appeal by the State under this paragraph shall be subject to section 2115-A, subsections 5 and 8. [1979, c. 681, § 34 (amd).]

B. [1997, c. 645, §15 (rp).]

C. Appeals pursuant to this subsection shall be taken in the same manner as appeals following a judgment of conviction of an adult in Superior Court, except as otherwise provided by rule promulgated by the Supreme Judicial Court. [1979, c. 681, § 35 (amd).]

[1997, c. 645, §15 (amd).]

3. Appeal from a bind-over order of the Juvenile Court. A bind-over order of the Juvenile Court by a party specified in section 3402, subsection 2 may be reviewed only by the Law Court pursuant to an appeal of a judgment of conviction in Superior Court following bind-over. [1997, c. 645, §16 (new).]

Section History:
PL 1977,
Ch. 520,
§1 (NEW).
PL 1979,
Ch. 512,
§14 (RPR).
PL 1979,
Ch. 681,
§34,35 (AMD).
PL 1997,
Ch. 645,
§15 (AMD).
PL 1997,
Ch. 645,
§15,16 (AMD).
PL 1997,
Ch. 645,
§16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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