STATE OF MAINE

SUPREME JUDICIAL COURT

 

 

ADMINISTRATIVE ORDER JB-05-6

 

 

GUIDELINES FOR DETERMINATION OF FINANCIAL ELIGIBILITY

FOR COURT-APPOINTED COUNSEL AND REIMBURSEMENT

FOR COURT-APPOINTED COUNSEL

 

Effective:  August 1, 2005

 

 

I        PRESUMPTION OF FINANCIAL ELIGIBILITY

 

There shall be a presumption that a moving party is financially eligible for court-appointed counsel if the moving party’s affidavit states that the person’s income is derived from poverty-based public assistance programs. 

 

II.      DETERMINATION OF FINANCIAL ELIGIBILITY

 

The following definitions shall be used in making a determination of financial eligibility:

 

Definition of income: Income means actual available current annual total cash receipts before taxes of all persons who are resident members of, and contribute to, the support of a family unit.  Income may also include potential wages from seasonal employment when the applicant has a history of seasonal employment.  Types of income include, but are not limited to: wages, income from self-employment, rents, royalties, child support, alimony, Social Security benefits, 551 benefits, TANF benefits, VA benefits, general assistance cash benefits, unemployment compensation, workers compensation, insurance or pension benefits, strike benefits, interest dividends, and military family allotments.  Income does not include in-kind assistance such as food stamps or vouchers.

 

 For the purposes of Section III, paragraphs 1-4, the following sources of income are excluded when calculating the total: child support, 551 benefits, TANF benefits, and general assistance cash benefits.  Those sources are included in the income calculation used for Section III, paragraph 5.

 

Definition of cash assets: Cash assets means cash on hand; money in savings, checking, IRA, certificates of deposit or other readily accessible accounts; stocks or bonds that can be sold; and cash bail unless another person has been designated as the owner of the cash pursuant to 15 M.R.S.A. §1074(1).

 

Definition of other assets: Other assets include enough equity in real estate to be able to obtain a home equity loan; cash value of insurance policies; cash value of pension, retirement, or profit sharing plans to which the defendant has access; equity value of major items of personality such as boats, snowmobiles, and motor vehicles which are not needed for work or family transportation; valuable jewelry; antiques or collections; and any other property that could be sold, exchanged, or used to obtain a loan.

 

III.    PROCEDURE FOR DETERMINING FINANCIAL ELIGIBILITY AND AMOUNT OF REIMBURSEMENT

 

The following procedures shall be used for determining financial eligibility:

 

1.      Determine gross income and assets of the defendant and all members of his/her household. 

 

2.      If the cash assets of the defendant and the defendant’s family unit exceed $500 and the defendant is charged with a Class D or E offense, the defendant is ineligible for court-appointed counsel.  If the cash assets of the defendant and the defendant’s family unit exceed $1000 and the defendant is charged with a Class B or C offense, the defendant is ineligible for court-appointed counsel.  If the cash assets of the defendant and the defendant’s family unit exceed $2000 and the defendant is charged with a Class A offense, the defendant is ineligible for court-appointed counsel.

 

3.      If the defendant has no cash assets or they are less than the amounts above, it is necessary to determine whether the defendant can convert other assets into cash so that the defendant can retain an attorney.  If the other assets are such that they can be used to hire an attorney, the defendant is not eligible.  If the defendant is or has been converting cash assets into other assets, such as making a large down payment or substantial monthly payments on a motor vehicle or similar item, this fact can be taken into consideration in determining eligibility.

 

4.      If the defendant has no assets or they are less than the amounts above in Paragraph 2, and if the defendant’s other assets cannot be used to hire an attorney, compare the income of the defendant and defendant’s family unit to the Income Table below.  If the income of the defendant and defendant’s family unit is less than the appropriate amount in the Income Table, the defendant is eligible for court-appointed counsel.

 

INCOME TABLE

 

5.      In order to determine whether the defendant can reimburse the court for the expense of the court-appointed attorney, it is necessary to compare the income and assets of the defendant with the defendant’s expenses.  If the defendant’s income exceeds the defendant’s necessary expenses for food, shelter (including rent and utilities), medical care, and expenses necessary for work such as uniforms, transportation, then the excess can be used to reimburse the court.

 

For the Court,

 

 

 

                                                                                                                    

                                                               Leigh I. Saufley

Chief Justice

 

 

Promulgation Date:  June 29, 2005

 

 

 

 

 

Historical Derivation of JB-05-6:

 

Guidelines For Determination Of Financial Eligibility For Court-Appointed Counsel And Reimbursement

For Court-Appointed Counsel

AO JB-03-01 (replaced DC-91-9 And SC-91-5), Dated March 31, 2003

Signed By:  Leigh I. Saufley, Chief Justice, Maine Supreme Judicial Court; Nancy Mills, Chief Justice, Maine Superior Court; Vendean V. Vafiades, Chief Judge, Maine District Court