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USA Statutes : maine
Title : Title 04. JUDICIARY
Chapter : Chapter 01. SUPREME JUDICIAL COURT
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Title 4 - §1. Constitution of the court; administrative responsibilities of the court and the Chief Justice
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §1. Constitution of the court; administrative responsibilities of the court and the Chief Justice
The Supreme Judicial Court, as heretofore established, shall consist of a Chief Justice and 6 associate justices and such
Active Retired Justices as may be appointed and serving on said court, learned in the law and of sobriety of manners.
[1975, c. 623, § 3-A (amd).]
div> The Chief Justice shall be the head of the Judicial Department of the State. In the event of his disability for any cause,
the senior associate, not under disability, shall perform any and all of his duties.
[1975, c. 408, § 1 (rpr).]
div> The Supreme Judicial Court shall have general administrative and supervisory authority over the Judicial Department and shall
make and promulgate rules, regulations and orders governing the administration of the Judicial Department.
[1975, c. 408, § 1 (new).]
div> The Chief Justice, as the head of the Judicial Department, shall, in accordance with the rules, regulations and orders of
the Supreme Judicial Court, be responsible for the efficient operation of the Judicial Department and for the expeditious
dispatch of litigation therein and for the proper conduct of business in all courts. The Chief Justice may require reports
from all courts in the State and may issue orders and regulations necessary for the efficient operation of the Judicial Department
and the prompt and proper administration of justice.
[1975, c. 408, § 1 (new).]
Section History:
PL 1975,
Ch. 408,
§1
(RPR).
PL 1975,
Ch. 623,
§3-A
(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
Title 4 - §10. Facsimile signature of clerk
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §10. Facsimile signature of clerk
A facsimile of the signature of the clerk of the Supreme Judicial Court imprinted by or at his direction upon any writ, summons,
subpoena, order or notice or order of attachment, except executions and criminal process, shall have the same validity as
his written signature.
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
Title 4 - §11. Appointment; salary (REPEALED)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-A: ADMINISTRATIVE ASSISTANT TO THE CHIEF JUSTICE (HEADING: PL 1969, c. 467, @1 (new)) §11. Appointment; salary (REPEALED)
Section History:
PL 1969,
Ch. 467,
§1
(NEW).
P&SL 1973,
Ch. 207,
§11
(AMD).
PL 1975,
Ch. 408,
§4
(AMD).
PL 1979,
Ch. 13,
§1
(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 04333-0007
Title 4 - §12. Salary (REPEALED)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-A: ADMINISTRATIVE ASSISTANT TO THE CHIEF JUSTICE (HEADING: PL 1969, c. 467, @1 (new)) §12. Salary (REPEALED)
Section History:
PL 1969,
Ch. 467,
§1
(NEW).
PL 1971,
Ch. 531,
§3
(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 04333-0007
Title 4 - §13. Office space and clerical help (REPEALED)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-A: ADMINISTRATIVE ASSISTANT TO THE CHIEF JUSTICE (HEADING: PL 1969, c. 467, @1 (new)) §13. Office space and clerical help (REPEALED)
Section History:
PL 1969,
Ch. 467,
§1
(NEW).
PL 1979,
Ch. 13,
§2
(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 04333-0007
Title 4 - §14. Duties of administrative assistant assigned by Chief Justice (REPEALED)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-A: ADMINISTRATIVE ASSISTANT TO THE CHIEF JUSTICE (HEADING: PL 1969, c. 467, @1 (new)) §14. Duties of administrative assistant assigned by Chief Justice (REPEALED)
Section History:
PL 1969,
Ch. 467,
§1
(NEW).
PL 1975,
Ch. 408,
§5
(RPR).
PL 1979,
Ch. 13,
§3
(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 04333-0007
Title 4 - §15. Administrative Office of the Courts; appointment of State Court Administrator
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §15. Administrative Office of the Courts; appointment of State Court Administrator
There is an Administrative Office of the Courts, directed by a State Court Administrator who is appointed by and serves at
the pleasure of the Chief Justice of the Supreme Judicial Court. The State Court Administrator shall devote full time to
the official duties of this position to the exclusion of any profession for profit. The State Court Administrator must have
experience and skills in leadership, management, planning and administration.
[1993, c. 675, Pt. C, §1 (amd).]
Section History:
PL 1975,
Ch. 408,
§5-A
(NEW).
PL 1993,
Ch. 675,
§C1
(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
Title 4 - §16. Assistants and employees of State Court Administrator
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §16. Assistants and employees of State Court Administrator
With the approval of the Chief Justice and within the limits of appropriations made therefor, the State Court Administrator
may appoint assistants and other employees and purchase or lease equipment, services and facilities needed for the performance
of the duties of the administrator. All administrative personnel in the Judicial Department are supervised by the State Court
Administrator.
[1993, c. 675, Pt. C, §1 (amd).]
div> These personnel must have qualifications as prescribed by the Supreme Judicial Court.
[1993, c. 675, Pt. C, §1 (amd).]
Section History:
PL 1975,
Ch. 408,
§5-A
(NEW).
PL 1993,
Ch. 675,
§C1
(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
Title 4 - §17-A. Publications
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §17-A. Publications
1. Informational publications. The State Court Administrator may establish a fee schedule to cover the cost of printing and distribution of publications
and forms and the procedures for the sale of these publications and forms.
[1993, c. 172, §1 (new).]
2. Fund; fees deposited. All fees collected from the sale of publications or forms must be deposited in a fund for use by the State Court Administrator
to replace and update publications and forms and to fund new publications.
[1993, c. 172, §1 (new).]
Section History:
PL 1993,
Ch. 172,
§1
(NEW).
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
Title 4 - §17-B. Funds from the Federal Government and private sources
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §17-B. Funds from the Federal Government and private sources
The State Court Administrator may accept, use, expend and dispose of, on behalf of the State, funds, equipment, supplies,
materials and property from any agency of the United States or from any private foundation or other private source.
[1997, c. 11, §1 (new).]
p align="center">04 §00017-B
p align="center">Subleasing
p align="center"> (As enacted by PL 1997, c. 362, §1 is REALLOCATED TO TITLE 4, SECTION 17-C)
Section History:
PL 1997,
Ch. 11,
§1
(NEW).
PL 1997,
Ch. 362,
§1
(NEW).
RR 1997,
Ch. 1,
§1
(RAL).
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
Title 4 - §17-C. Subleasing (REALLOCATED FROM TITLE 4, SECTION 17-B)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §17-C. Subleasing (REALLOCATED FROM TITLE 4, SECTION 17-B)
Notwithstanding any other provision of law, the Judicial Department may sublease real property that it holds in the Town of
York as tenant to any other government agency for a period of 5 years or less.
[RR 1997, c. 1, §1 (ral).]
Section History:
RR 1997,
Ch. 1,
§1
(RAL).
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
Title 4 - §17. Duties of State Court Administrator
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §17. Duties of State Court Administrator
The State Court Administrator, subject to the supervision and direction of the Chief Justice of the Supreme Judicial Court,
is responsible for administration and management of the court system. The State Court Administrator shall:
[1993, c. 675, Pt. C, §2 (amd).]
1. Continuous survey and study. Carry on a continuous survey and study of the organization, operation, condition of business, practice and procedure of the
Judicial Department. The State Court Administrator shall make recommendations to the Chief Justice to improve administration
and management of the court system, including recommendations concerning the number of judges and other judicial personnel
required for the efficient administration of justice;
[1993, c. 675, Pt. C, §3 (amd).]
1-A. Long-range planning. Develop and recommend to the Chief Justice long-range plans for the Judicial Department and operations of the courts;
[1993, c. 675, Pt. C, §4 (new).]
2. Examine the status of dockets. Examine the status of dockets of all courts so as to determine cases and other judicial business that have been unduly delayed.
From such reports, the administrator shall indicate which courts are in need of additional judicial personnel and make recommendations
to the Chief Justice, to the Chief Justice of the Superior Court and to the Chief Judge of the District Court concerning the
assignment or reassignment of personnel to courts that are in need of such personnel. The administrator shall also carry out
the directives of the Chief Justice as to the assignment of personnel in these instances;
[1983, c. 269, §§1, 9 (amd).]
3. Investigate complaints. Investigate complaints with respect to the operation of the courts and relating to court and judicial security. Notwithstanding
any other provision of law, such complaints and investigative files are confidential. Nothing in this section precludes dissemination
of such information to another criminal justice agency;
[1987, c. 776, §1 (amd).]
4. Examine statistical systems. Examine the statistical systems of the courts and make recommendations for a uniform system of judicial statistics. The administrator
shall also collect and analyze statistical and other data relating to the business of the courts;
[1975, c. 408, §5-A (new).]
5. Prescribe uniform administrative and business methods, etc. Prescribe uniform administrative and business methods, systems, forms, docketing and records to be used in the Supreme Judicial
Court, in the Superior Court and in the District Court;
[1983, c. 269, §§2, 9 (amd).]
6. Implement standards and policies set by the Chief Justice. Implement standards and policies set by the Chief Justice regarding hours of court, the assignment of term parts and justices;
[1977, c. 544, §3 (amd).]
7. Act as supervisor of fiscal unit. Act as supervisor of the fiscal unit of the Administrative Office of the Courts and in so doing ensure that the fiscal unit:
A. Maintains fiscal controls and accounts of funds appropriated for the Judicial Department;
[1995, c. 560, Pt. I, §1 (amd).]
B. Prepares all requisitions for the payment of state money appropriated for the maintenance and operation of the Judicial
Department;
[1995, c. 560, Pt. I, §1 (amd).]
C. Prepares budget estimates and submissions of state appropriations necessary for the maintenance and operation of the Judicial
Department and makes appropriate recommendations;
[1995, c. 560, Pt. I, §1 (amd).]
D. Collects statistical and other data and makes reports to the Chief Justice, to the Chief Justice of the Superior Court and
to the Chief Judge of the District Court relating to the expenditures of public money for the maintenance and operation of
the Judicial Department;
[1997, c. 24, Pt. II, §1 (amd).]
E. Develops and implements a uniform set of accounting and budgetary accounts, based on generally accepted fiscal and accounting
procedures, for the Supreme Judicial Court, for the Superior Court and for the District Court; and
[1997, c. 24, Pt. II, §1 (amd).]
F. Periodically studies the feasibility of continuing any agreement with the State Tax Assessor by which the Department of
Administrative and Financial Services, Bureau of Taxation performs revenue-collecting services for the Judicial Department
and, if it is determined that this would be in the best interests of the State, continues such an agreement.
[1997, c. 24, Pt. II, §2 (new).]
[1997, c. 24, Pt. II, §§1, 2 (amd).]
8. Examine arrangements for use and maintenance of court facilities. Examine the arrangements for the use and maintenance of court facilities and supervise the purchase, distribution, exchange
and transfer of judicial equipment and supplies thereof;
[1975, c. 408, §5-A (new).]
9. Act as secretary. Act as secretary to the Judicial Conference;
[1975, c. 408, §5-A (new).]
10. Submit an annual report. Submit an annual report to the Chief Justice, Legislature and Governor of the activities and accomplishments of the office
for the preceding calendar year;
[1975, c. 408, §5-A (new).]
11. Maintain liaison. Maintain liaison with the executive and the legislative branches and other public and private agencies whose activities impact
the Judicial Department;
[1975, c. 408, §5-A (new).]
12. Prepare and plan clerical offices. Prepare and plan for the organization and operation of clerical offices serving the Superior Court and the District Court;
[1983, c. 269, §§4, 9 (amd).]
13. Implement preservice and inservice educational and training programs. Develop and implement preservice and inservice educational and training programs for nonjudicial personnel of the Judicial
Department;
[1987, c. 137, §1 (amd).]
14. Perform duties and attend other matters. Perform other duties and attend to other matters consistent with the powers delegated to the State Court Administrator by
the Chief Justice and the Supreme Judicial Court;
[1991, c. 622, Pt. L, §4 (amd).]
15. Provide for court security. Plan and implement arrangements for safe and secure court premises to ensure the orderly conduct of judicial proceedings.
A. The State Court Administrator may contract for the services of qualified individuals as needed on a per diem basis to perform
court security-related functions and services.
(1) For the purposes of this subsection, "qualified individuals" means individuals who are certified pursuant to Title 25,
section 2804-B or 2804-C and have successfully completed additional training in court security provided by the Maine Criminal
Justice Academy or equivalent training.
(2) When under contract pursuant to this paragraph and then only for the assignment specifically contracted for, qualified
individuals have the same duties and powers throughout the counties of the State as sheriffs have in their respective counties.
(3) Qualified deputy sheriffs performing contractual services pursuant to this paragraph continue to be employees of the
counties in which they are deputized.
(4) Qualified individuals other than deputy sheriffs performing contractual services pursuant to this paragraph may not
be considered employees of the State for any purpose, except that they must be treated as employees of the State for purposes
of the Maine Tort Claims Act and the Maine Workers' Compensation Act of 1992. They must be paid reasonable per diem fees
plus reimbursement of actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with
policies established by the State Court Administrator.
[2003, c. 400, §1 (new).]
B. The State Court Administrator may employ other qualified individuals to perform court security-related functions and services
as court security officers.
(1) Court security officers employed under this paragraph must be certified pursuant to Title 25, section 2803-A, subsection
8-B.
(2) When on assignment for court security functions, court security officers have the same powers and duties throughout
the counties of the State as sheriffs have in their respective counties.
(3) Court security officers employed under this paragraph are state employees for all purposes.
[2003, c. 400, §1 (new).]
C. Notwithstanding any other provision of law, the plans, arrangements and files involving court security matters are confidential.
Nothing in this section precludes dissemination of that information to another criminal justice agency;
[2003, c. 400, §1 (new).]
[2003, c. 400, §1 (rpr).]
16. Report on out-of-state travel. Submit to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs
a quarterly report on out-of-state travel activity of the Judicial Department. The report must be submitted within 15 days
after the end of each quarter and must include, for each individual who has been authorized to travel, the destination, purpose
and cost by funding source of each trip; and
[1993, c. 675, Pt. C, §8 (amd).]
17. Statement of fiscal effect on judicial system. Apply the following requirements when the State Court Administrator prepares statements pertaining to the impact that executive
orders and proposed legislation have upon judicial system resources, including the cost or savings to the judicial system.
A. The State Court Administrator shall furnish the statements to the legislative staff office designated to collect and assemble
fiscal information for use of legislative committees under Title 3, section 163-A, subsection 10 and to:
(1) The Governor for judicial impact statements on executive orders; and
(2) The appropriate committee of the Legislature for the information of its members for proposed legislation.
[1993, c. 675, Pt. C, §9 (new).]
B. The statement on a particular executive order prepared by the State Court Administrator must be included in the executive
order if the executive order has a fiscal impact on the judicial system, as determined by the State Court Administrator.
[1993, c. 675, Pt. C, §9 (new).]
C. The statement on proposed legislation prepared by the State Court Administrator must be considered in the preparation of
the fiscal note included in a committee amendment or other amendment if the legislation or amendment has a fiscal impact on
the judicial system, as determined by the State Court Administrator.
[1993, c. 675, Pt. C, §9 (new).]
[1993, c. 675, Pt. C, §9 (new).]
Section History:
PL 1975,
Ch. 408,
§5-A
(NEW).
PL 1977,
Ch. 544,
§1-6
(AMD).
PL 1983,
Ch. 269,
§1-4,9
(AMD).
PL 1987,
Ch. 137,
§1-3
(AMD).
PL 1987,
Ch. 776,
§1,2
(AMD).
PL 1989,
Ch. 324,
§
(AMD).
PL 1991,
Ch. 570,
§1
(AMD).
PL 1991,
Ch. 622,
§L4-6
(AMD).
PL 1991,
Ch. 885,
§E3
(AMD).
PL 1991,
Ch. 885,
§E47
(AFF).
PL 1993,
Ch. 675,
§C2-9
(AMD).
PL 1995,
Ch. 560,
§I1
(AMD).
PL 1997,
Ch. 24,
§II1,2
(AMD).
PL 2003,
Ch. 400,
§1
(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
Title 4 - §18-A. Maine Civil Legal Services Fund established
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §18-A. Maine Civil Legal Services Fund established
1. Creation of fund. The Maine Civil Legal Services Fund, referred to in this section as the "fund," is established as a nonlapsing fund to support
civil legal services to persons who otherwise are not able to pay for these services.
A. Money in the fund not needed to meet current obligations must be deposited with the Treasurer of State to the credit of
the fund and may be invested as provided by law. Interest on these investments must be credited to the fund.
[1991, c. 503 (new).]
B. Except as provided in paragraph C, money in the fund must be disbursed to legal services providers to support the provision
of free civil legal services to low-income or needy people or the needy elderly in this State. Money disbursed from the fund
may not be used by a recipient to support lobbying as defined in Title 3, section 312-A, subsection 9 unless the recipient
is responding to a request by a Legislator or a member of the Executive Department. Only the following legal services providers
may receive disbursement to provide free civil legal services:
(1) Nonprofit organizations whose missions include the provision of free civil legal services and who have at least one
year of experience providing free civil legal services;
(2) Legal aid clinics of accredited law schools operating exclusively in Maine; and
(3) Programs whose primary mission is to coordinate pro bono legal services for low-income people in this State.
[2005, c. 361, §1 (amd).]
C. In the first year the Judicial Department may draw from the fund any programming, printing and distribution costs that are
necessary to implement surcharges on fines, penalties or forfeitures as provided in subsection 3-A.
[1997, c. 173, §2 (new).]
[2005, c. 361, §1 (amd).]
2. Administration. The Supreme Judicial Court, or a person or organization designated by the court, is the administrator and shall administer
the fund. The administrator shall disburse funds according to determinations made by the commission established in subsection
6. The administrator shall report at least annually to the Legislature on the previous year's income and expenditures.
[1997, c. 173, §3 (amd).]
3. Contribution.
[1997, c. 173, §4 (rp).]
3-A. Funding. Funding for the fund may be provided by the following methods.
A. For all fees collected by the Judicial Department after July 1, 2005, 7% must be deposited in the fund. This paragraph
does not apply to fees dedicated under section 17-A or section 18-B, subsection 8.
[2005, c. 361, §2 (rpr).]
B. A surcharge of $10 must be imposed by a court on each civil fine, penalty or forfeiture imposed by the court and deposited
in the fund.
[2005, c. 361, §3 (amd).]
[2005, c. 361, §§2, 3 (amd).]
4. Other funds. The fund may receive money from any source, including grants, gifts, bequests and donations. Funds appropriated and money
received for the benefit of the fund must be deposited to the fund.
[1991, c. 503 (new).]
5. Allocation.
[1997, c. 173, §6 (rp).]
6. Distribution of funds. The Supreme Judicial Court shall appoint the Civil Legal Services Fund Commission, consisting of 3 persons knowledgeable
about the problems of ensuring access to justice in this State, to determine how to distribute the funds in accordance with
subsection 1 in a manner that will most efficiently and effectively maintain and enhance access to justice in this State.
The commission shall review the allocation at least every 4 years or on the request of any member of the commission and shall
make adjustments to the allocation when appropriate. Funds must be distributed at least quarterly with the first distribution
occurring no later than January 2, 1998. The commission shall compile information on the types of cases handled by recipient
organizations and shall report this information and its allocation decisions to the joint standing committee of the Legislature
having jurisdiction over judiciary matters no later than February 1, 1999.
[1997, c. 173, §7 (new).]
Section History:
PL 1991,
Ch. 503,
§
(NEW).
PL 1997,
Ch. 173,
§1-7
(AMD).
PL 2005,
Ch. 361,
§1-3
(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
Title 4 - §18-B. Court Alternative Dispute Resolution Service
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §18-B. Court Alternative Dispute Resolution Service
1. Court Alternative Dispute Resolution Service. There is established within the Administrative Office of the Courts a Court Alternative Dispute Resolution Service to provide
alternative dispute resolution, referred to in this section as "ADR," services in the courts throughout the State.
[1995, c. 560, Pt. I, §3 (new).]
2. ADR providers. The Judicial Department, through the State Court Administrator or the administrator's designee, shall contract for the services
of qualified persons or organizations to serve as providers of ADR services to parties. The ADR providers are not employees
of the State for any purpose. The ADR providers are entitled to be paid a reasonable per diem fee plus reimbursement of their
actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with policies established
by the Administrative Office of the Courts.
[1995, c. 560, Pt. I, §3 (new).]
3. Immunity from civil liability. A person serving as an ADR provider under contract with the Judicial Department or as the Director of the Court Alternative
Dispute Resolution Service is immune from any civil liability, as are employees of governmental entities, under the Maine
Tort Claims Act, for acts performed within the scope of the provider's or the director's duties.
[1995, c. 560, Pt. I, §3 (new).]
4. Staff. With the advice and approval of the Court Alternative Dispute Resolution Service Committee, the State Court Administrator
shall employ or contract with a person to serve as the Director of the Court Alternative Dispute Resolution Service. The
State Court Administrator shall provide other necessary staff and clerical assistance to the Court Alternative Dispute Resolution
Service, within the limits of funds available.
[1995, c. 560, Pt. I, §3 (new).]
5. Facilities. The State Court Administrator shall provide a principal office for the Court Alternative Dispute Resolution Service and
shall arrange for facilities throughout the State as necessary and adequate for the conduct of ADR sessions, within the limits
of funds available.
[1995, c. 560, Pt. I, §3 (new).]
6. Court Alternative Dispute Resolution Service Committee. The Court Alternative Dispute Resolution Service Committee, or "committee," is established to set policy for and monitor
the Court Alternative Dispute Resolution Service. The committee consists of:
A. The Chief Justice of the Supreme Judicial Court or a designee;
[1995, c. 560, Pt. I, §3 (new).]
B. The Chief Justice of the Superior Court or a designee;
[1995, c. 560, Pt. I, §3 (new).]
C. The Chief Judge of the District Court or a designee;
[1995, c. 560, Pt. I, §3 (new).]
D. The State Court Administrator or a designee;
[1995, c. 560, Pt. I, §3 (new).]
E. A Justice of the Superior Court, who is appointed by and serves at the pleasure of the Chief Justice of the Supreme Judicial
Court;
[1995, c. 560, Pt. I, §3 (new).]
F. A Judge of the District Court, who is appointed by and serves at the pleasure of the Chief Justice of the Supreme Judicial
Court; and
[1995, c. 560, Pt. I, §3 (new).]
G. Any additional members appointed by the Chief Justice of the Supreme Judicial Court that the Chief Justice considers necessary
to the committee's operation.
[1995, c. 560, Pt. I, §3 (new).]
[1995, c. 560, Pt. I, §3 (new).]
7. Fees. When a court refers parties to the Court Alternative Dispute Resolution Service, the court shall assess the parties a fee
to be apportioned equally among the parties, unless the court otherwise directs. The fee must be deposited in the dedicated
account created in subsection 8.
A party may file an in forma pauperis application for waiver of fee. If the court finds that the party does not have sufficient
funds to pay the fee, it shall order the fee waived.
[1995, c. 560, Pt. I, §3 (new).]
8. Court Alternative Dispute Resolution Service Fund. The Court Alternative Dispute Resolution Service Fund is established as a nonlapsing, dedicated fund within the Administrative
Office of the Courts. Fees collected for ADR services provided pursuant to this section must be deposited in the fund.
Except as otherwise provided in this section, the Administrative Office of the Courts shall use 100% of the resources in the
funds from nondesignated cases to cover the costs of providing ADR services as required under this section. All funds from
cases handled by the Court Alternative Dispute Resolution Service pursuant to Title 38, section 347-A, subsection 4, paragraph
E must be used for the costs of providing ADR services as required under this section.
[1997, c. 643, Pt. EE, §1 (amd).]
9. Rules. The Supreme Judicial Court shall adopt rules to govern the referral of cases to the Court Alternative Dispute Resolution
Service.
[1995, c. 560, Pt. I, §3 (new).]
10. Land use mediation. The land use mediation program is a program within the Court Alternative Dispute Resolution Service.
A. The Director of the Court Alternative Dispute Resolution Service shall administer the land use mediation program established
in Title 5, chapter 314, subchapter II.
[1997, c. 393, Pt. A, §5 (new).]
B. A land use mediation fund is established as a nonlapsing, dedicated fund within the Administrative Office of the Courts.
Fees collected for mediation services pursuant to Title 5, chapter 314, subchapter II must be deposited in the fund. The
Administrative Office of the Courts shall use the resources in the fund to cover the costs of providing mediation services
as required under Title 5, chapter 314, subchapter II.
[1997, c. 393, Pt. A, §5 (new).]
[2001, c. 184, §2 (amd).]
11. Mediation of disputes involving natural gas pipelines. The natural gas pipeline dispute resolution program is a program within the Court Alternative Dispute Resolution Service.
A. The Director of the Court Alternative Dispute Resolution Service shall administer the natural gas pipeline dispute resolution
program established in Title 5, chapter 314, subchapter III.
[1999, c. 346, §1 (new).]
B. A natural gas pipeline dispute resolution fund is established as a nonlapsing, dedicated fund within the Administrative
Office of the Courts. Fees collected for mediation services pursuant to Title 5, chapter 314, subchapter III must be deposited
in the fund. The Administrative Office of the Courts shall use the resources in the fund to cover the costs of providing
mediation services as required under Title 5, chapter 314, subchapter III.
[1999, c. 346, §1 (new).]
[1999, c. 346, §1 (new).]
Section History:
PL 1995,
Ch. 560,
§I3
(NEW).
PL 1997,
Ch. 393,
§A5
(AMD).
PL 1997,
Ch. 643,
§EE1
(AMD).
PL 1999,
Ch. 346,
§1
(AMD).
PL 2001,
Ch. 184,
§2
(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
Title 4 - §18. Court Mediation Service (REPEALED)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-B: ADMINISTRATIVE OFFICE OF THE COURTS (HEADING: PL 1975, c. 408, @5-A (new)) §18. Court Mediation Service (REPEALED)
Section History:
PL 1985,
Ch. 396,
§1
(NEW).
PL 1985,
Ch. 562,
§
(AMD).
PL 1985,
Ch. 750,
§1
(AMD).
PL 1985,
Ch. 814,
§K
(AMD).
PL 1987,
Ch. 518,
§
(AMD).
PL 1989,
Ch. 617,
§1
(AMD).
PL 1989,
Ch. 702,
§E1
(AMD).
PL 1995,
Ch. 123,
§1,2
(AMD).
PL 1995,
Ch. 537,
§2
(AMD).
PL 1995,
Ch. 560,
§I2
(RP ).
PL 1995,
Ch. 694,
§D1
(AMD).
PL 1995,
Ch. 694,
§E2
(AFF).
PL 1997,
Ch. 393,
§A3,4
(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
Title 4 - §19. Creation of judicial regions; regional court centers and regional presiding justices; duties
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-C: JUDICIAL REGIONS: ASSIGNMENT OF JUSTICES AND JUDGES (HEADING: PL 1975, c. 408, @6 (new)) §19. Creation of judicial regions; regional court centers and regional presiding justices; duties
The Chief Justice of the Supreme Judicial Court may by order divide the State into judicial regions for administrative and
venue purposes, each judicial region to contain one or more counties, but in no event may counties be divided for the creation
of judicial regions.
[1983, c. 688, § 1 (amd).]
Section History:
PL 1975,
Ch. 408,
§6
(NEW).
PL 1983,
Ch. 269,
§5,9
(AMD).
PL 1983,
Ch. 688,
§1
(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
Title 4 - §2-A. Justice of the Supreme Judicial Court to sit in District Court
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §2-A. Justice of the Supreme Judicial Court to sit in District Court
The Chief Justice of the Supreme Judicial Court may assign a Justice or Active Retired Justice of the Supreme Judicial Court
to sit in the Superior Court or the District Court, and when so directed the justice has authority and jurisdiction in the
Superior Court or the District Court as if the justice were a regular justice or judge of that court. When assigned under
this section, the justice may hear all matters and issue all orders, notices, decrees and judgments that any Justice of the
Superior Court or Judge of the District Court is authorized to hear and issue.
[2001, c. 69, §1 (amd).]
div> The order of the Chief Justice of the Supreme Judicial Court directing a Justice or an Active Retired Justice of the Supreme
Judicial Court to sit in the Superior Court or the District Court must be filed with the Executive Clerk of the Supreme Judicial
Court, but need not be docketed or otherwise recorded in any case heard by that justice.
[2001, c. 69, §1 (amd).]
Section History:
PL 1997,
Ch. 683,
§E1
(NEW).
PL 1999,
Ch. 547,
§B1
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
PL 2001,
Ch. 69,
§1
(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
Title 4 - §2. Appointment of additional justices
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §2. Appointment of additional justices
Whenever the Chief Justice of the Supreme Judicial Court or, in the event of his disability, any associate justice thereof
has reason to believe that any Justice of the Supreme Judicial or Superior Court is totally and permanently disabled by reason
of physical or mental incapacity and because thereof is unable to perform the duties of his office, he shall cause a commission
of 3 competent disinterested members of the medical profession to make due inquiry and examination into the facts and report
thereon to the Supreme Judicial Court. Upon receiving said report, he shall thereupon call a meeting of said court and submit
to them the report of said medical commission. The court shall thereupon, upon said report and such other evidence as they
may deem necessary, if any, determine the facts in relation thereto. If said court find that said Justice of the Supreme Judicial
or Superior Court is permanently and totally disabled by reason of physical or mental incapacity and because thereof is unable
to perform the duties of his office, the Chief Justice shall certify said fact to the Governor and Council. Upon receipt of
such certificate from the court, the Governor shall make due inquiry into the matter and, if he confirms the finding of said
court, the Governor shall appoint an additional Justice of the Supreme Judicial or Superior Court, as the case may be.
[1979, c. 127, § 6 (amd).]
Section History:
PL 1975,
Ch. 771,
§16
(AMD).
PL 1979,
Ch. 127,
§6
(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
Title 4 - §20. Provide for collection of overdue fines and fees from money collected
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-C: JUDICIAL REGIONS: ASSIGNMENT OF JUSTICES AND JUDGES (HEADING: PL 1975, c. 408, @6 (new)) §20. Provide for collection of overdue fines and fees from money collected
The Chief Justice of the Supreme Judicial Court shall plan and implement arrangements for the collection of overdue fines
and fees due the state courts, the costs of which may be paid from money collected. These arrangements may include but are
not limited to: Employing special project clerks, assistants and other staff; contracting for special services; purchasing
necessary equipment; and compensating state, county and municipal law enforcement agencies for services provided.
[1989, c. 875, Pt. E, §3 (new).]
Section History:
PL 1989,
Ch. 875,
§E3
(NEW).
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
Title 4 - §22. State responsibility for court finances
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-D: COURT PERSONNEL AND FINANCES (HEADING: PL 1975, c. 408, @7 (new)) §22. State responsibility for court finances
Beginning with the fiscal year commencing July 1, 1976, the Legislature shall appropriate funds for the expenses of the Judicial
Department.
[1975, c. 408, § 7 (new).]
Section History:
PL 1975,
Ch. 408,
§7
(NEW).
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
Title 4 - §23. Court personnel and compensation
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-D: COURT PERSONNEL AND FINANCES (HEADING: PL 1975, c. 408, @7 (new)) §23. Court personnel and compensation
The Supreme Judicial Court shall prescribe by rule a personnel classification plan for all courts in the Judicial Department.
[1975, c. 408, § 7 (new).]
Section History:
PL 1975,
Ch. 408,
§7
(NEW).
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
Title 4 - §24. Operating budgets
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-D: COURT PERSONNEL AND FINANCES (HEADING: PL 1975, c. 408, @7 (new)) §24. Operating budgets
The State Court Administrator shall, subject to the approval of the Chief Justice, prepare biennially a consolidated operating
budget for all courts in the State to be known as the Judicial Department operating budget. The administrator may be assisted
in this task by the Chief Justice of the Superior Court and the Chief Judge of the District Court.
[1993, c. 675, Pt. C, §10 (amd).]
div> The State Court Administrator shall prepare the consolidated court budget according to procedures prescribed by the State
Budget Officer. Budget requests and other additional information as requested must be transmitted to the State Budget Officer
on or before September 1st of the even-numbered years. The Governor shall include in the budget submission the judicial budget
without revision, in accordance with Title 5, section 1664, but with recommendations the Governor considers proper.
[1993, c. 675, Pt. C, §10 (amd).]
div> The State Court Administrator, subject to the approval of the Chief Justice, shall prescribe the financial management procedures
to be used in all courts of the Judicial Department.
[1975, c. 408, §7 (new).]
Section History:
PL 1975,
Ch. 408,
§7
(NEW).
PL 1979,
Ch. 127,
§9
(AMD).
PL 1983,
Ch. 269,
§6,9
(AMD).
PL 1993,
Ch. 675,
§C10
(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
Title 4 - §25. Reimbursement of counties for salaries and expenses of court and jury officers
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-D: COURT PERSONNEL AND FINANCES (HEADING: PL 1975, c. 408, @7 (new)) §25. Reimbursement of counties for salaries and expenses of court and jury officers
The Judicial Department shall compensate each county for those reasonable costs related to salaries and expenses as agreed
upon between the Judicial Department and the respective county. The compensation may be only for the number of court security
officers requested to serve the court either in that county or another by the Judicial Department.
[1991, c. 570, §2 (amd).]
div> The Judicial Department shall include sufficient funds for this compensation within its operating budget.
[1991, c. 570, §2 (amd).]
Section History:
PL 1977,
Ch. 705,
§1
(NEW).
PL 1989,
Ch. 722,
§1
(AMD).
PL 1991,
Ch. 570,
§2
(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
Title 4 - §26. Use of Executive Department agencies
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-D: COURT PERSONNEL AND FINANCES (HEADING: PL 1975, c. 408, @7 (new)) §26. Use of Executive Department agencies
Unless otherwise prohibited by law, the Judicial Department shall use the services of and be included in any systems established
and maintained by the bureaus within the Department of Administrative and Financial Services and is subject to the same rules
that apply to the Executive Department unless specifically exempted.
[1997, c. 24, Pt. II, §3 (amd).]
Section History:
PL 1985,
Ch. 733,
§1
(NEW).
PL 1997,
Ch. 24,
§II3
(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
Title 4 - §27. Funds collected by Bureau of Revenue Services
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-D: COURT PERSONNEL AND FINANCES (HEADING: PL 1975, c. 408, @7 (new)) §27. Funds collected by Bureau of Revenue Services
1. Generally. The State Court Administrator shall enter into an agreement with the State Tax Assessor by which the Department of Administrative
and Financial Services, Bureau of Revenue Services may collect on the Judicial Department's behalf fees, fines, costs and
penalties, the imposition of which is provided for by this Title. Any such agreement must specify which categories of fees,
fines, forfeitures, costs and penalties are to be collected by the Bureau of Revenue Services.
[1997, c. 24, Pt. II, §4 (new); c. 526, §14 (amd).]
2. Notice and demand; remedies provided by Title 36. The State Tax Assessor shall provide notice substantially equivalent to that set forth in Title 36, section 171. Once notice
and a demand for payment have been provided, the State Tax Assessor may proceed to collect the amount due by any collection
method authorized by Title 36.
[1997, c. 24, Pt. II, §4 (new).]
3. Deposited in General Fund. Funds collected on behalf of the Judicial Department by the State Tax Assessor must be deposited in the proper fund in State
Government, except that, for the 1998-1999 biennium, the State Tax Assessor may retain sufficient funds to cover the administrative
expenses incurred in collection. After the 1998-1999 biennium, the Judicial Department shall budget sufficient funds to pay
the Department of Administrative and Financial Services, Bureau of Revenue Services, Bureau of Revenue Services Fund, Internal
Services Fund account on a cost-reimbursement basis for services provided.
[1997, c. 643, Pt. F, §1 (amd).]
Section History:
PL 1997,
Ch. 24,
§II4
(NEW).
PL 1997,
Ch. 526,
§14
(AMD).
PL 1997,
Ch. 643,
§F1
(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
Title 4 - §3. When vacancies shall not be filled
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §3. When vacancies shall not be filled
No vacancy in the Supreme Judicial or Superior Court caused by the death or expiration of the term of said incapacitated justice
shall be filled, if thereby the number of justices qualified and capable of acting would be in excess of that otherwise provided
by law as constituting said court.
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
Title 4 - §31. Purpose
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-E: COLLECTIVE BARGAINING (HEADING: PL 1983, C. 412, @1 (new)) §31. Purpose
It is declared to be the public policy of the State and it is the purpose of this subchapter to promote the continued improvement
of the relationship between the Judicial Department and its employees by providing a uniform basis for recognizing the right
of judicial employees to join labor organizations of their own choosing and to be represented by these organizations in matters
concerning their employment relations with the Judicial Department.
[1983, c. 412, § 1 (new).]
Section History:
PL 1983,
Ch. 412,
§1
(NEW).
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
Title 4 - §32. Procedures; advisory committee
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-E: COLLECTIVE BARGAINING (HEADING: PL 1983, C. 412, @1 (new)) §32. Procedures; advisory committee
1. Collective bargaining. The Supreme Judicial Court may propose appropriate procedures for defining and implementing the collective bargaining rights
of Judicial Department employees, including, without limitation, definition of employees and appropriate subjects of collective
bargaining, determination of appropriate bargaining units, certification and election of a bargaining agent, appeals process,
impasse resolution procedure and enforcement mechanisms.
[1983, c. 412, § 1 (new).]
2. Advisory committee. The Supreme Judicial Court shall designate an advisory committee to recommend procedures. The committee shall include representatives
of public sector management and public sector bargaining agents. Opportunity shall be provided for the expression of views
of Judicial Department employees.
[1983, c. 412, § 1 (new).]
Section History:
PL 1983,
Ch. 412,
§1
(NEW).
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
Title 4 - §4. Salary of justices; expenses
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §4. Salary of justices; expenses
1. Chief justice; salary. The Chief Justice of the Supreme Judicial Court is entitled to receive a salary, for fiscal year 1998-99 and thereafter,
of $111,000, to be paid biweekly.
[1997, c. 643, Pt. M, §1 (amd).]
2. Associate justice; salary. Each Associate Justice of the Supreme Judicial Court shall receive a salary as follows:
A. For fiscal year 1998-99 and thereafter, $96,000, to be paid biweekly.
[1997, c. 643, Pt. M, §2 (rpr).]
B.
[1989, c. 596, Pt. C, §§1, 8 (rp).]
C.
[1989, c. 501, Pt. O, §§9, 22 (rp).]
D.
[1989, c. 501, Pt. O, §§9, 22 (rp).]
E.
[1989, c. 501, Pt. O, §§9, 22 (rp).]
[1997, c. 643, Pt. M, §2 (amd).]
2-A. Cost-of-living adjustment. Effective July 1, 1999 and every July 1st thereafter, the State Court Administrator shall adjust the salaries of the State's
chief justices, chief judge, deputy chief judge, associate justices and associate judges by any percentage change in the Consumer
Price Index from January 1st to December 31st of the previous year, but only to a maximum increase of 4%. The State Court
Administrator shall determine the cost of these adjustments; notify the State Budget Officer and the Director of the Office
of Fiscal and Program Review of these costs; and include them in the Judicial Department's budget requests, as necessary.
For purposes of this subsection, "Consumer Price Index" means the Consumer Price Index for Urban Wage Earners and Clerical
Workers: United States City Average, All items, 1967=100, as compiled by the United States Department of Labor, Bureau of
Labor Statistics or, if the index is revised or superseded, the Consumer Price Index is the index represented by the Bureau
of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar by consumers.
[1997, c. 643, Pt. M, §3 (amd).]
3. Expenses. Expenses shall be governed as follows.
A. Each justice shall be reimbursed by the State, upon presentation to the State Controller of a detailed statement, for those
expenses actually and reasonably incurred in attending meetings and the sessions of the Law Court. When any justice of the
court holds nisi prius terms of the Superior Court in any town other than the town in which he resides, or when hearing of
any court matter is had before a Justice of the Supreme Judicial Court or the Superior Court other than one residing in the
town where the hearing is had, that justice shall be reimbursed by the State, upon presentation to the State Controller of
a detailed statement, for the expenses actually and reasonably incurred in holding the terms or in attending the hearing.
[1983, c. 853, Pt. C, §§4, 18 (new).]
B. Each justice of the court shall be reimbursed by the State, upon presentation to the State Controller of a detailed statement,
for clerical assistance, postage, stationery, express and telephone tolls and any other reasonably necessary expenses actually
and reasonably incurred by him.
[1983, c. 853, Pt. C, §§4, 18 (new).]
C. The Chief Justice of the Supreme Judicial Court or his designee may prescribe regulations for the submission of the required
statements through his office, and for the advance approval by him of other reasonably necessary expenses.
[1983, c. 853, Pt. C, §§4, 18 (new).]
[1983, c. 853, Pt. C, §§4, 18 (new).]
4. Exception. The salary provisions of this section shall not apply to justices who have retired prior to December 1, 1984.
[1983, c. 853, Pt. C, §§4, 18 (new).]
Section History:
PL 1965,
Ch. 412,
§5
(AMD).
PL 1967,
Ch. 476,
§3
(AMD).
PL 1969,
Ch. 580,
§1
(AMD).
P&SL 1971,
Ch. 179,
§M1
(AMD).
P&SL 1973,
Ch. 209,
§5
(AMD).
PL 1973,
Ch. 509,
§4
(AMD).
PL 1975,
Ch. 383,
§1
(AMD).
PL 1975,
Ch. 408,
§2,3
(AMD).
PL 1975,
Ch. 735,
§1
(AMD).
PL 1977,
Ch. 696,
§19
(AMD).
PL 1979,
Ch. 127,
§7,8
(AMD).
PL 1979,
Ch. 544,
§5
(AMD).
PL 1979,
Ch. 663,
§5
(AMD).
PL 1981,
Ch. 486,
§1
(AMD).
PL 1983,
Ch. 477,
§E1-1
(AMD).
PL 1983,
Ch. 853,
§C4,18
(RPR).
PL 1983,
Ch. 863,
§B5,B45
(AMD).
PL 1989,
Ch. 501,
§O9,10,22
(AMD).
PL 1989,
Ch. 596,
§C1
(AMD).
PL 1989,
Ch. 596,
§C1,8
(AMD).
PL 1989,
Ch. 878,
§D14,15
(AMD).
PL 1991,
Ch. 780,
§X1
(AMD).
PL 1991,
Ch. 824,
§B13,14
(AFF).
PL 1993,
Ch. 410,
§X1
(AMD).
PL 1997,
Ch. 643,
§M1-3
(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
Title 4 - §41. Court Unification Oversight Committee
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1-F: COURT UNIFICATION OVERSIGHT COMMITTEE (HEADING: PL 1999, c. 731, Pt. ZZZ, @1 (new)) §41. Court Unification Oversight Committee
The Court Unification Oversight Committee is established to supervise and monitor all the parts of the unification program
recommended by the court unification task force pursuant to Resolve 1997, chapter 107.
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
1. Membership. The Chief Justice of the Supreme Judicial Court may appoint judges, clerks, attorneys and members of the public to serve
as members of the Court Unification Oversight Committee.
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
2. Ongoing goals. The Court Unification Oversight Committee shall identify from time to time additional ongoing goals for unifying the District
Court and Superior Court.
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
3. Workload. The Court Unification Oversight Committee shall monitor the workload of judges and clerks, paying particular attention to
the workload in the District Court clerks' offices.
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
4. Annual report. The Court Unification Oversight Committee shall report by January 15, 2001 and annually thereafter to the Supreme Judicial
Court and the joint standing committee of the Legislature having jurisdiction over judiciary matters on:
A. The implementation of the recommendations of the court unification task force;
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
B. The identification and implementation of additional ongoing goals;
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
C. The degree to which the implementation of each of the court unification task force's recommendations has achieved the intended
purpose of better service to the public;
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
D. How the implementation has affected the workload of the courts, including the effects on the clerks' offices; and
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
E. Any other information the committee determines appropriate.
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
[1999, c. 731, Pt. ZZZ, §1 (new); §42 (aff).]
Section History:
PL 1999,
Ch. 731,
§ZZZ1
(NEW).
PL 1999,
Ch. 731,
§ZZZ42
(AFF).
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
Title 4 - §5. Compensation of justices upon retirement (REPEALED)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §5. Compensation of justices upon retirement (REPEALED)
Section History:
PL 1965,
Ch. 442,
§1
(AMD).
PL 1967,
Ch. 494,
§1,29
(AMD).
PL 1969,
Ch. 466,
§1
(AMD).
PL 1969,
Ch. 469,
§1,2
(AMD).
PL 1971,
Ch. 64,
§1
(AMD).
PL 1975,
Ch. 701,
§1,2
(AMD).
PL 1981,
Ch. 488,
§1,2
(AMD).
PL 1983,
Ch. 167,
§1
(AMD).
PL 1983,
Ch. 853,
§C5,18
(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 04333-0007
Title 4 - §51. Constitution of court; concurrence required
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §51. Constitution of court; concurrence required
When sitting as a law court to determine questions of law arising in civil actions and in criminal trials and proceedings,
the Supreme Judicial Court shall be composed as provided by rules promulgated by that court and shall hear and determine such
questions by the concurrence of a majority of the justices sitting and qualified to act.
[1969, c. 354 (rpr).]
Section History:
PL 1969,
Ch. 354,
§
(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 04333-0007
Title 4 - §52. Justice not to sit in review of case tried before him
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §52. Justice not to sit in review of case tried before him
No justice shall sit in the law court upon the hearing of any cause tried before him nor take any part in the decision thereof.
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
Title 4 - §53. Sessions
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §53. Sessions
For the purpose of appellate review by the Supreme Judicial Court sitting as a law court, the State shall constitute one district.
The number of sessions of the law court in each year and the method of determining the time and place thereof shall be in
accordance with rules promulgated by the Supreme Judicial Court.
[1969, c. 354 (rpr).]
Section History:
PL 1969,
Ch. 354,
§
(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 04333-0007
Title 4 - §54. Clerks; duties; compensation; expenses of county
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §54. Clerks; duties; compensation; expenses of county
The Chief Justice of the Supreme Judicial Court shall appoint a clerk of the law court to serve at his pleasure and shall,
from time to time, designate one or more of the clerks of court or some competent person or persons who shall act as additional
clerks of the law court. The clerk of the law court shall receive such salary as the Chief Justice shall determine and shall
devote full time to his duties. The clerk of the law court shall also act as reporter of decisions. The Chief Justice or in
his absence the senior justice present shall allow to the county in which any law term is held such expense as may be incurred
on account of such law term which shall be paid by the State. The dockets of the law court shall be made from time to time
and kept as the court may direct.
[1975, c. 408, § 8 (amd).]
Section History:
PL 1965,
Ch. 392,
§1
(AMD).
PL 1967,
Ch. 220,
§
(AMD).
PL 1969,
Ch. 467,
§2,3
(AMD).
PL 1975,
Ch. 408,
§8
(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
Title 4 - §55. Preservation of briefs
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §55. Preservation of briefs
The clerk of the Supreme Judicial Court shall preserve 2 complete sets of briefs filed in all cases in the Supreme Judicial
Court sitting as the Law Court. Under the direction of the Chief Justice these briefs shall be arranged in order. One set
each shall thereupon be delivered to the law libraries respectively of Cumberland and Penobscot Counties for preservation
and reference. All expenses incurred in preparation and delivery of these briefs shall be paid by the State from the appropriation
for expenses of the Supreme Judicial Court.
[1983, c. 164, (amd).]
Section History:
PL 1977,
Ch. 114,
§1
(RPR).
PL 1979,
Ch. 13,
§3-A,3-B
(AMD).
PL 1983,
Ch. 164,
§
(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
Title 4 - §56. Messenger in Cumberland County (REPEALED)
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §56. Messenger in Cumberland County (REPEALED)
Section History:
PL 1969,
Ch. 188,
§
(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 04333-0007
Title 4 - §57. Jurisdiction; disposition of cases; technical errors in pleading and procedure
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §57. Jurisdiction; disposition of cases; technical errors in pleading and procedure
The following cases only come before the court as a court of law: Cases on appeal from the District Court, the Superior Court
or a single Justice of the Supreme Judicial Court or from the probate courts; questions of law arising on reports of cases,
including interlocutory orders or rulings of such importance as to require, in the opinion of the justice, review by the Law
Court before any further proceedings in the action; agreed statement of facts; cases presenting a question of law; all questions
arising in cases in which equitable relief is sought; motions to dissolve injunctions issued after notice and hearing or continued
after a hearing; questions arising on habeas corpus, mandamus and certiorari and questions of state law certified by the federal
courts. They must be marked "law" on the docket of the county or district where they are pending, and there continued until
their determination is certified by the Clerk of the Law Court to the clerk of courts of the county and the court shall immediately
after the decision of the question submitted to it make such order, direction, judgment or decree as is fit and proper for
the disposal of the case, and cause a rescript in all civil actions, briefly stating the points therein decided, to be filed
therein, which rescript must be certified by the Clerk of the Law Court to the clerk of courts of the county or district where
the action is pending and to the Reporter of Decisions. If no further opinion is written out, the reporter shall publish in
the next volume of reports thereafter issued the case, together with such rescript, if the reporter deems the same of sufficient
importance for publication.
[1999, c. 731, Pt. ZZZ, §2 (amd); §42 (aff).]
div> When the issues of law presented in any case before the Law Court can be clearly understood, they must be decided, and a case
may not be dismissed by the Law Court for technical errors in pleading alone or for want of proper procedure if the record
of the case presents the merits of the controversy between the parties. Whenever, in the opinion of the Law Court, the ends
of justice require, it may remand any case to the court below or to any justice or judge thereof for the correction of any
errors in pleading or procedure. In remanding said case, the Law Court may set the time within which said correction must
be made and said case reentered in the Law Court.
[1999, c. 731, Pt. ZZZ, §2 (amd); §42 (aff).]
div> When it appears to the Supreme Court of the United States, or to any court of appeals or district court of the United States,
that there is involved in any proceeding before it one or more questions of law of this State, which may be determinative
of the cause, and there are no clear controlling precedents in the decisions of the Supreme Judicial Court, such federal court
may certify any such questions of law of this State to the Supreme Judicial Court for instructions concerning such questions
of state law, which certificate the Supreme Judicial Court sitting as the Law Court may, by written opinion, answer.
[1999, c. 731, Pt. ZZZ, §2 (amd); §42 (aff).]
Section History:
PL 1965,
Ch. 158,
§1,2
(AMD).
PL 1965,
Ch. 356,
§1
(AMD).
PL 1965,
Ch. 513,
§2
(AMD).
PL 1967,
Ch. 544,
§2
(AMD).
PL 1979,
Ch. 540,
§2
(AMD).
PL 1999,
Ch. 731,
§ZZZ2
(AMD).
PL 1999,
Ch. 731,
§ZZZ42
(AFF).
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
Title 4 - §58. Courthouse Security Fund
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 2: LAW COURT §58. Courthouse Security Fund
1. Creation of fund. The Courthouse Security Fund, referred to in this section as "the fund," is created under the jurisdiction and control of
the Supreme Judicial Court.
[2005, c. 113, §1 (new).]
2. Source of fund. The fund consists of all money appropriated or allocated for inclusion in the fund, from whatever source, and any other
resources available to the fund.
[2005, c. 113, §1 (new).]
3. Application of fund. Money in the fund may be used to improve security and improve public safety at court facilities under the control of the
State or a subdivision of the State. Money in the fund not needed to meet the requirements of this subsection may accrue
interest and be invested in a manner permitted by law.
[2005, c. 113, §1 (new).]
4. Revolving fund. The fund is a nonlapsing, revolving fund.
[2005, c. 113, §1 (new).]
Section History:
PL 2005,
Ch. 113,
§1
(NEW).
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
Title 4 - §6-A. Active Retired Justice of Supreme Judicial Court to sit in Superior Court
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §6-A. Active Retired Justice of Supreme Judicial Court to sit in Superior Court
An Active Retired Justice of the Supreme Judicial Court may be assigned by the Chief Justice of the Supreme Judicial Court
to sit in the Superior Court in any county, and when so directed he shall have authority and jurisdiction therein as if he
were a regular Justice of the Superior Court; and, whenever the Chief Justice of the Supreme Judicial Court so directs, he
may hear all matters and issue all orders, notices, decrees and judgments that any Justice of the Superior Court is authorized
to hear and issue.
[1979, c. 12, § 1 (new).]
div> The order of the Chief Justice of the Supreme Judicial Court directing an Active Retired Justice of the Supreme Judicial Court
to sit in the Superior Court shall be filed with the Executive Clerk of the Supreme Judicial Court, but need not be docketed
or otherwise recorded in any case heard by him.
[1979, c. 12, § 1 (new).]
Section History:
PL 1979,
Ch. 12,
§1
(NEW).
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
Title 4 - §6-B. Per diem compensation for Active Retired Justices of the Supreme Judicial Court
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §6-B. Per diem compensation for Active Retired Justices of the Supreme Judicial Court
Any Active Retired Justice of the Supreme Judicial Court, who performs judicial service at the direction and assignment of
the Chief Justice of the Supreme Judicial Court, must be compensated for those services at the rate of $300 per day or $175
per 12 day, provided that the total per diem compensation and retirement pension received by an Active Retired Justice of
the Supreme Judicial Court in any calendar year does not exceed the annual salary of a Justice of the Supreme Judicial Court.
[2003, c. 290, §1 (amd).]
Section History:
PL 1979,
Ch. 692,
§1
(NEW).
PL 1983,
Ch. 416,
§1
(AMD).
PL 1989,
Ch. 501,
§O11,22
(AMD).
PL 1989,
Ch. 596,
§C8
(AMD).
PL 1991,
Ch. 824,
§B13,14
(AFF).
PL 2003,
Ch. 290,
§1
(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
Title 4 - §6. Active Retired Justices
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §6. Active Retired Justices
Any Justice of the Supreme Judicial Court, who has retired from the court under this chapter in effect prior to December 1,
1984, or any Justice of the Supreme Judicial Court who retires or terminates his service on the court in accordance with chapter
27, except for a disability retirement, is eligible for appointment as an Active Retired Justice of the Supreme Judicial Court
as provided. The Governor may, subject to review by the joint standing committee of the Legislature having jurisdiction over
judiciary and to confirmation by the Legislature, appoint any eligible justice as an Active Retired Justice of the Supreme
Judicial Court for a term of 7 years, unless sooner removed, and that justice may be reappointed for a like term. Any justice
so appointed and designated shall thereupon constitute a part of the court from which he has retired and shall have the same
jurisdiction and be subject to the same restrictions therein as before retirement, except that he shall act only in the cases
and matters and hold court only at the terms and times as he may be directed and assigned to by the Chief Justice of the Supreme
Judicial Court. The Chief Justice is empowered and authorized to assign and designate any such Active Retired Justice of the
Supreme Judicial Court as to his services and may direct as to which term of the Law Court he shall attend, and order him
to hear all matters and issue all orders, notices, decrees and judgments in vacation that any Justice of the Supreme Judicial
Court is authorized to hear or issue.
[1983, c. 853, Pt. C, § § 6, 18 (amd).]
Section History:
PL 1967,
Ch. 544,
§1
(AMD).
PL 1969,
Ch. 466,
§2
(AMD).
PL 1975,
Ch. 771,
§17
(AMD).
PL 1983,
Ch. 853,
§C6,18
(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
Title 4 - §7. General jurisdiction; control of records
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §7. General jurisdiction; control of records
The Supreme Judicial Court may exercise its jurisdiction according to the common law not inconsistent with the Constitution
or any statute, and may punish contempts against its authority by fine and imprisonment, or either, and administer oaths.
It has general superintendence of all inferior courts for the prevention and correction of errors and abuses where the law
does not expressly provide a remedy and has control of all records and documents in the custody of its clerks. Whenever justice
or the public good requires, it may order the expunging from the records and papers on file in any case which has gone to
judgment of any name or other part thereof unnecessary to the purpose and effect of said judgment. It may issue all writs
and processes, not within the exclusive jurisdiction of the Superior Court, necessary for the furtherance of justice or the
execution of the laws in the name of the State under the seal of said court, attested by any justice not a party or interested
in the suit and signed by the clerk.
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
Title 4 - §8-A. Rules on courts records and unclaimed property
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §8-A. Rules on courts records and unclaimed property
The Supreme Judicial Court may prescribe, repeal, add to, amend or modify rules or orders:
[1981, c. 241 (new).]
1. Records. To establish retention and disposition schedules for the fiscal, managerial and court records of all the judicial courts
of the State, and to authorize the disposition of such records as have no archival, historical or judicial value to the State
to warrant permanent preservation, and to authorize the transfer to the Maine State Archives of such records, upon any reasonable
terms and conditions as the State Archivist and the Supreme Judicial Court may agree, to be kept in accordance with the Archives
and Records Management Law; and
[1981, c. 241 (new).]
2. Unclaimed property. To provide, after reasonable notice to interested parties or their attorneys, for the transfer to the Treasurer of State
for disposition as unclaimed property in the manner provided by Title 33, sections 1958 and 1959 of property in the possession
or custody of the courts of this State as a result of civil or criminal litigation.
[2003, c. 20, Pt. T, §2 (amd).]
Section History:
PL 1981,
Ch. 241,
§
(NEW).
PL 2003,
Ch. 20,
§T1,2
(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
Title 4 - §8. Power to prescribe general rules
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §8. Power to prescribe general rules
The Supreme Judicial Court has the power to prescribe, by general rules, for the Probate, District and Superior Courts of
Maine, the forms of process, writs, pleadings and motions and the practice and procedure in civil actions at law. Said rules
may neither abridge, enlarge nor modify the substantive rights of any litigant. They take effect on such date not less than
6 months after their promulgation as the Supreme Judicial Court may fix. After their promulgation the Supreme Judicial Court
may repeal, amend, modify or add to them from time to time with or without a waiting period. After the effective date of said
rules as promulgated or amended, all laws in conflict therewith are of no further force or effect.
[1999, c. 547, Pt B. §2 (amd); §80 (aff).]
div> The Supreme Judicial Court may at any time write the general rules prescribed by it for cases in equity and those in actions
at law so as to secure one form of civil action and procedure for both. In such union of rules the right of trial by jury
as at common law and declared by the Constitution of the United States and amendments thereto and by the Constitution of the
State of Maine and amendments thereto shall be preserved to the parties inviolate. Such united rules shall not take effect
until 6 months after their promulgation and thereafter all laws and rules in conflict therewith shall be of no further force
or effect.
[1977, c. 694, §1 (amd).]
Section History:
PL 1977,
Ch. 694,
§1
(AMD).
PL 1983,
Ch. 653,
§
(AMD).
PL 1999,
Ch. 547,
§B2
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
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
Title 4 - §9-A. Power to prescribe rules of evidence
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §9-A. Power to prescribe rules of evidence
The Supreme Judicial Court shall have the power and authority to prescribe, repeal, add to, amend or modify rules of evidence
with respect to any and all civil actions or other proceedings, and any and all proceedings in criminal cases before justices
of the peace, District Courts, probate courts, Superior Courts and the Supreme Judicial Court.
[1987, c. 736, §2 (amd).]
div> Such rules shall take effect on such date not less than 6 months after their promulgation as the Supreme Judicial Court may
set. After their promulgation, the Supreme Judicial Court may repeal, amend, modify or add to such rules from time to time
without a waiting period. After the effective date of said rules as promulgated or amended, all laws in conflict therewith
shall be of no further force or effect. Any statute incorporated specifically or in general terms in a rule shall remain in
effect.
[1977, c. 564, § 12 (amd).]
Section History:
PL 1973,
Ch. 675,
§
(NEW).
PL 1977,
Ch. 564,
§12
(AMD).
PL 1987,
Ch. 736,
§2
(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
Title 4 - §9-B. Committee on judicial responsibility and disability
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §9-B. Committee on judicial responsibility and disability
The Supreme Judicial Court has the power and authority to prescribe, repeal, add to, amend or modify rules relating to a committee
to receive complaints, make investigations and make recommendations to the Supreme Judicial Court in regard to discipline,
disability, retirement or removal of justices of the Supreme Judicial Court and the Superior Court and judges of the District
Court and the probate courts.
[1999, c. 547, Pt. B, §3 (amd); §80 (aff).]
Section History:
PL 1977,
Ch. 638,
§
(NEW).
PL 1979,
Ch. 490,
§1
(AMD).
PL 1991,
Ch. 885,
§E2
(AMD).
PL 1991,
Ch. 885,
§E47
(AFF).
PL 1999,
Ch. 547,
§B3
(AMD).
PL 1999,
Ch. 547,
§B80
(AFF).
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
Title 4 - §9. Power to prescribe rules in criminal cases
Title 4: JUDICIARY Chapter 1: SUPREME JUDICIAL COURT Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION §9. Power to prescribe rules in criminal cases
The Supreme Judicial Court shall have the power and authority to prescribe, repeal, add to, amend or modify rules of pleading,
practice and procedure with respect to any and all proceedings through final judgment, review and post-conviction remedy in
criminal cases before justices of the peace, District Courts, Superior Courts and the Supreme Judicial Court.
[1987, c. 736, §1 (amd).]
div> Such rules shall take effect on such date not less than 6 months after their promulgation as the Supreme Judicial Court may
set. After their promulgation the Supreme Judicial Court may repeal, amend, modify or add to such rules from time to time
without a waiting period. After the effective date of said rules as promulgated or amended, all laws in conflict therewith
shall be of no further force or effect.
Section History:
PL 1987,
Ch. 736,
§1
(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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