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Title 5. Administrative Procedures And Services
Title 9-a. Maine Consumer Credit Code
Title 9. Banks And Financial Institutions
Title 01. General Provisions
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Title 03. Legislature
Title 04. Judiciary
Title 05. Administrative Procedures And Services
Title 06. Aeronautics
Title 07. Agriculture And Animals
Title 08. Amusements And Sports
Title 09-a. Maine Consumer Credit Code
Title 09-b. Financial Institutions
Title 09. Banks And Financial Institutions
Title 10. Commerce And Trade
Title 11. Uniform Commercial Code
Title 12. Conservation
Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff))
Title 13-b. Maine Nonprofit Corporation Act
Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff))
Title 13. Corporations
Title 14. Court Procedure -- Civil
Title 15. Court Procedure -- Criminal
Title 16. Court Procedure -- Evidence
Title 17-a. Maine Criminal Code
Title 17. Crimes
Title 18-a. Probate Code
Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05)
Title 18. Decedents' Estates And Fiduciary Relations
Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff))
Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff))
Title 20-a. Education
Title 20. Education
Title 21-a. Elections
Title 21. Elections
Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new))
Title 22. Health And Welfare
Title 23. Highways
Title 24-a. Maine Insurance Code
Title 24. Insurance
Title 25. Internal Security And Public Safety
Title 26. Labor And Industry
Title 27. Libraries, History, Culture And Art
Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new))
Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp))
Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff))
Title 31. Partnerships And Associations
Title 32. Professions And Occupations
Title 33. Property
Title 34-a. Corrections
Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd))
Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp))
Title 36. Taxation
Title 37-a. Department Of Defense And Veterans Services
Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr))
Title 37. Veterans' Services
Title 38. Waters And Navigation
Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8)
Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7)
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Home > Statutes > Usa Maine
USA Statutes : maine
Title : Title 04. JUDICIARY
Chapter : Chapter 01. SUPREME JUDICIAL COURT
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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