State of Maine v. Aaron Lowden
106 A.3d 1134
| Me. | 2014Background
- Aaron Lowden posted $500 cash bail in two District Court (misdemeanor/Class E) matters in Jan 2012 and was initially assigned counsel after an indigency finding.
- While on release, Lowden was indicted in Superior Court for aggravated trafficking (Class A); his misdemeanor charges were transferred to Superior Court.
- Lowden moved for counsel in the felony case, averring he had posted $500 bail; the Superior Court found him partially indigent and ordered the $500 to be applied to court-appointed counsel’s fees.
- The same attorney represented Lowden on both the misdemeanor and felony matters; Lowden received counsel’s assistance through trial and appeal of the felony charge.
- Lowden’s felony conviction was vacated on appeal and he was acquitted; the misdemeanor charges were dismissed. He then moved for return of the $500 bail, which the trial court denied because it had ordered the bail applied to attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court could apply previously posted bail to pay court-appointed counsel fees | Lowden: dismissal/acquittal of charges entitles him to return of bail | State: Rule 44 allows court to consider posted bail as asset and apply it to fees after finding partial indigency | The court may properly order posted bail applied to counsel fees when Rule 44(b) findings support partial indigency and the defendant received counsel’s assistance |
| Whether acquittal/dismissal negates obligation to pay ordered attorney fees | Lowden: acquittal and dismissals relieve him of fee obligation and warrant return of bail | State: obligation remains because counsel provided assistance; bail was properly applied to fees | Acquittal/dismissal does not automatically negate fee obligation where services were rendered and order was proper |
Key Cases Cited
- State v. Lowden, 87 A.3d 694 (Me. 2014) (vacating felony conviction on appeal)
- State v. Johnson, 894 A.2d 489 (Me. 2006) (standard of review for application of criminal procedure rules)
- Bd. of Overseers of the Bar v. Warren, 34 A.3d 1103 (Me. 2011) (review of factual findings that determine rule applicability)
- Woodworth v. Gaddis, 58 A.3d 1109 (Me. 2012) (factual findings reviewed for clear error when supported by competent evidence)
- Roop v. City of Belfast, 953 A.2d 374 (Me. 2008) (mootness principles where corrective action renders issue moot)
Judgment affirmed.