| | 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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