An Act Regarding the Remote Appearance of Counsel in Pretrial Nontestimonial Criminal Matters
Summary
LD 267 requires Maine courts, unless the court orders otherwise in the interests of justice, to schedule pretrial criminal matters that are nontestimonial in a way that allows counsel to appear remotely to the greatest extent possible. The bill applies only to the appearance of attorneys, not defendants or witnesses, and it is limited to pretrial matters that do not involve testimony. It incorporates the existing statutory definition of “remote methods” from Title 1, section 403-B.
In practical terms, the bill is intended to make remote participation by lawyers a default option in qualifying criminal proceedings, while preserving judicial discretion to require in-person appearances when necessary. The measure was enacted as Public Law chapter 178 in 2025 and became law without the Governor’s signature.
Impact
The bill adds a new section to Title 15 of the Maine Revised Statutes governing criminal procedure and court administration. It directs courts to structure pretrial nontestimonial criminal calendars to accommodate remote appearances by counsel whenever possible, subject to an interests-of-justice exception. This affects judges, prosecutors, defense attorneys, and court scheduling practices, but does not change substantive criminal law or the rights of defendants to a fair hearing.
Sentiment
The available record shows no committee transcript or recorded vote history, so there is no documented debate or opposition in the materials provided. The fact that the bill became law without the Governor’s signature suggests it advanced successfully through the legislative process and was not publicly controversial in the available record. Overall, the measure appears to have been treated as a procedural modernization rather than a contested policy change.
Contention
Because no committee discussion or vote details are included, specific points of contention cannot be identified from the provided materials. The only built-in limitation in the bill itself is the court’s ability to order otherwise “in the interests of justice,” which preserves discretion and could be the main area where disagreement might arise in practice. Any concern would likely center on balancing efficiency and access for counsel against the need for in-person proceedings in particular cases.
Permits all Rhode Island courts to conduct hearings remotely and allow any party or attorney to appear by telephone or video conference, with remote appearances having the same legal effect as in-person appearances.
Permits all Rhode Island courts to conduct hearings remotely and allow any party or attorney to appear by telephone or video conference, with remote appearances having the same legal effect as in-person appearances.
"Ending the Criminal Revolving Door Act"; restricts pretrial release of certain defendants; sets conditions for pretrial release of certain first-time offenders; requires revocation of pretrial release under certain circumstances.