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Supreme Judicial Court issues statement regarding Maine Bar Exam
Date: 8/13/2020
Statement of the Maine Supreme Judicial Court Regarding the September 30-October 1 2020 Maine Bar Examination
In Pandemic Management Order SJC-4, issued on April 15, 2020 and revised on June 4 and July 16, 2020, in response to our concerns about the COVID-19 pandemic, we rescheduled the Maine Bar Examination from July 27-28, 2020 to September 30-Oct. 1, 2020. In light of Maine's low incidence of infection, and based on our understanding of the protocols established by the Maine Board of Bar Examiners after recent and on-going consultations with the Maine Center for Disease Control ("CDC"), we have determined that the exam will go forward as rescheduled. We will continue to monitor this situation right up until the date of the examination but, absent unforeseen circumstances, do not plan to change our order.
The Court expresses its appreciation for the extraordinary efforts the Board has taken to promote a safe exam environment, and thanks all the Board members, staff, monitors, and volunteers working diligently to achieve this objective.
Supporting documents
Supreme Judicial Court Promulgates Maine Rules of Electronic Court Systems (RECS)
Date: 8/21/2020
The Maine Supreme Judicial Court today promulgates the Maine Rules of Electronic Court Systems (RECS) which set forth the standards for access to electronic court records and efiling processes available through Maine eCourts - the Judicial Branch's new online court case management and eFiling system.
The rules shall apply in those regions where Maine eCourts is available and for those case types and associated documents that have been eFiled or entered into the Maine eCourts system.
eFileMaine and other features of Maine eCourts will be implemented on October 5, 2020 for most new and pending civil cases and family matters in the Bangor District Court and Penobscot County Superior Court, as well as the statewide Business Consumer Docket.
Additional case types will be added and deployment will take place in other regions at later dates.
eFiling will be mandatory for attorneys and anyone filing or intending to file more than six cases that are filed and are not emergency cases in the current calendar year.
Please see the Judicial Branch website www.courts.maine.gov/ecourts for information about training opportunities on how to register for and use eFileMaine.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Rumford District Court closed due to possible COVID-19 exposure
Date: 8/28/2020
The Maine Judicial Branch announced today that the Rumford District Court, located in the Town of Rumford Municipal Building, will be closed today, August 28, because an officer of the Rumford Police Department tested positive for COVID-19.
According to the Town Manager, Stacy Carter, the building will undergo a deep cleaning and will reopen Monday, August 31.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Revision to COVID-19 Phased Management Plan released
Date: 8/28/2020
The Judicial Branch has released a revision to the State of Maine Judicial Branch COVID-19 Phased Management Plan. The updated Plan extends the starting date for Phase 5 from October 19 to November 9. Phase 5 includes the resumption of jury trials.
Supporting documents
Phased Management Plan Version 4 (PDF)
Millinocket District Court closed Wednesday, August 19
Date: 8/19/2020
The Millinocket District Court will be closed on Wednesday, August 19, 2020 in light of recent reports of a COVID-19 outbreak at a wedding event. There have been no reports of exposure at the courthouse. However, given the seriousness of the outbreak and consistent with the closure of the Millinocket Town Hall, the Millinocket District Court will be closed out of an abundance of caution to allow time for the CDC to conduct its investigation. More information will be provided as it becomes available.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Maine eCourts in Bangor courts this fall
Date: 8/7/2020
The Maine Judicial Branch announced today that Maine eCourts is being rolled out in Bangor courts this fall for many types of civil cases and family matters. The Judicial Branch's new online court case management system first became available in traffic cases in Maine district courts statewide in the fall of 2018. This latest implementation is the next step in making the system available for all case types in all trial courts statewide by 2022.
What is Maine eCourts?
- A powerful court case management and digital document storage system; and
- A web-based tool that allows parties to electronically file documents (eFileMaine), access court documents, and pay court fees and fines online.
Which courts will offer eFileMaine next?
eFileMaine and other features of Maine eCourts are on track to be available beginning in the fall of 2020 for most civil cases and family matters in Bangor District Court and Penobscot County Superior Court, as well as the Business Consumer Docket statewide. All trial court case types, including criminal and juvenile dockets, will be available in Penobscot and Piscataquis County courts in spring 2021. Additional courts in other locations throughout the state will follow.
How will Maine eCourts benefit court users?
Maine eCourts will provide attorneys and unrepresented parties with greater access to case records and more convenient ways to manage their cases. Parties and their attorneys will be able to eFile documents, review case files, and search for case-related information from any computer connected to the internet.
Who will use eFileMaine?
When available at your court, eFiling will be required for
- Attorneys;
- State, county and municipal governmental entities; and
- Many businesses.
If I do not have an attorney, do I have to eFile?
If you do not have an attorney you may choose to use eFileMaine, but you will not be required to do so. If you opt not to use eFileMaine, you will be able to fill out and file paper court forms and documents and receive communications from the court the same way you do today.
Help for eFileMaine
No matter who you are - a party in a case without an attorney, or an attorney, legal assistant, legal service provider, public sector user, or other court user there will be support and resources to help with eFileMaine.
- Help at the courthouse Public Access Computers (PACs) will be available at courthouses offering eFiling and Maine eCourts portal access to court records. Clerks will be available at the courthouse to help unrepresented parties use the terminals.
- Online tools for unrepresented parties the Maine eCourts "Guide & File" online question and answer tool, designed for unrepresented litigants, will help parties fill out and eFile court forms and documents. Guide & File is currently available for traffic violation cases and will be expanded to include other types of cases.
- Online trainings and tutorials the Judicial Branch will be offering a variety of hands-on trainings and online tutorials and resources for attorneys and staff, governmental entities, legal service providers, and others interested in learning how to use eFileMaine.
- Technical support and helplines The Judicial Branch will offer helplines for users during normal business hours. Offsite technical support will also be provided by Tyler Technologies call centers from 8 a.m. to 8 p.m. EST.
Stay tuned for more information about trainings, resources, and other Maine eCourts news at www.maine.courts.gov/ecourts.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Supreme Judicial Court issues replacement to PMO-SJC-3
Date: 9/3/2020
The Supreme Judicial Court issued a replacement to PMO-SJC-3: Order Regarding Submission of Documents by Email. Effective September 8, 2020, with few exceptions, the Clerks' offices will NOT accept the electronic filing of documents through email.
Supporting documents
Supreme Judicial Court issues revision to PMO-SJC-7
Date: 9/4/2020
The Supreme Judicial Court issued a revision to PMO-SJC-7: Order Regarding Trial Court Remote Proceedings and Public Access. The revision clarifies the presumed format for court proceedings; the process for requesting an alternative format for court proceedings; the conduction of remote court proceedings; and public access to both in-person and remote court proceedings.
Supporting documents
Judicial Branch announces new and revised Pandemic Management Orders
Date: 9/23/2020
The Maine Judicial Branch issued a revision to Pandemic Management Order PMO- SJC-3 and issued new Pandemic Management Order PMO-SJC-8.
The previous revision to PMO-SJC-3 on September 3, 2020 rescinded the emergency order allowing electronic filing in a variety of cases. The new revision, effective today, September 23, 2020, adds a provision allowing representatives of the Maine Department of Health and Human Services to continue to file paper Petitions for Preliminary Protection Orders notwithstanding the Maine Rules for Electronic Court Systems (RECS) which will take effect in Bangor in October.
PMO-SJC-8 is a new PMO that allows individuals represented by attorneys in criminal cases who are charged with Class A, B, or C offenses to waive their initial appearance upon their attorney's entry of appearance and certifications as provided in the PMO.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Maine eCourts temporarily postponed
Date: 9/25/2020
On Thursday, September 24, 2020, Tyler Technologies, the Maine Judicial Branch's CMS and eFiling vendor, announced that it was responding to a security incident involving unauthorized access to its internal phone and information technology systems by an unknown third party. Investigation of the incident is ongoing. At this time, Tyler has indicated that the incident is limited to its internal phone and network systems and that there has been no impact to client software, including Odyssey File & Serve software being implemented by the Maine Judicial Branch.
Since the announcement, Judicial Branch leadership has met with representatives of Tyler Technologies to discuss the breach and the timing of the Maine eCourts go-live date for most civil cases and family matters, which was scheduled for October 5, 2020 in Bangor District Court and Penobscot County Superior Court, as well as the Business and Consumer Docket statewide. Given the importance and scope of the project to the Maine courts and the citizens we serve and the lack of availability of Tyler resources due to this incident, the rollout will be temporarily postponed while Tyler completes its investigation and resolves their issues. Although at present there is no specific date as to when Tyler's network and services will be restored. Tyler assures us that the postponement of the Maine eCourts go-live date should be only temporary.
Judicial Branch personnel will continue to prepare for the implementation of the Maine eCourts system in the Bangor courts and BCD. We are monitoring Tylers progress to determine a new go-live date, which will be announced as soon as possible to allow for sufficient advanced notice to all. As soon as the issues at Tyler Technologies have been resolved to our satisfaction, we will resume the implementation process that was suspended on September 25.
The Violations Bureau, which has been using Odyssey since October 2018, is not affected and cases and payments are being processed normally.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Supreme Judicial Court issues revision to PMO-SJC-3
Date: 9/28/2020
The Supreme Judicial Court issued a revision to PMO-SJC-3: Order Regarding Submission of Documents by Email and Filing of Petitions for Preliminary Protection Orders (22 M.R.S. 4034).
Supporting documents
Judicial Branch issues update on eFiling and Tyler security breach
Date: 9/30/2020
On Thursday, September 24, 2020, Tyler Technologies, the Maine Judicial Branch's CMS and eFiling vendor, announced that it was responding to a security incident involving unauthorized access to its internal phone and information technology systems by an unknown third party. Tyler is working with independent IT experts and the FBI to conduct a thorough investigation and response. Tyler has confirmed that the malicious software used to disrupt its internal corporate network was ransomware but continues to indicate that the incident is limited to its internal phone and network systems.
Although Tyler Technologies indicates that the impact of the security breach appears to be internal only, the Maine Judicial Branch announced on September 25, 2020 that it would temporarily postpone the fall rollout of Maine eCourts given the unavailability of Tyler Technologies support services during its investigation. The Judicial Branch continues to monitor Tylers progress and will resume the implementation process of Maine eCourts that was suspended on September 25 once the issues at Tyler Technologies are resolved.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Supreme Judicial Court issues revision to PMO-SJC-1
Date: 10/8/2020
The Supreme Judicial Court issued a revision to PMO-SJC-1: Revised Emergency Order and Notice from the Maine Supreme Judicial Court.
Supporting documents
Supreme Judicial Court issues a revised Phased Management Plan, two Pandemic Management Orders, and a statement from Acting Chief Justice Mead
Date: 11/3/2020
The Maine Judicial Branch announced today that it has adopted a revised COVID-19 Phased Management Plan (Plan) and issued revisions of two Pandemic Management Orders, PMO-SJC-6 and PMO-SJC-7, to clarify how Maine courts are allocating limited judicial resources during the COVID-19 pandemic, including extending the date when many civil case types will be scheduled until into 2021.
In a statement from Maine Supreme Court Acting Chief Justice Andrew M. Mead, the Judicial Branch said these steps are necessary because of the extensive resources and complex planning required to schedule and conduct criminal trials and other top tier priority cases in the COVID era. Also released are new amendments to the Business and Consumer Docket Procedural Rules.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Phased Management Plan V5 (PDF)
Statement from Acting Chief Justice Mead (PDF)
New dates announced for the launch of Maine eCourts
Date: 11/10/2020
The Maine Judicial Branch announced today new dates for the launch of Maine eCourts and eFiling for Bangor courts and the statewide Business and Consumer docket (BCD). The Judicial Branch postponed the original roll-out date last month following a security incident reported by Tyler Technologies, the technology company that provides the Odyssey eCourts platform used by the Judicial Branch. Tyler has announced that the security issues have been resolved with no impact to customers and the roll-out is back on track.
November 16, 2020
- The Bangor District Court, Penobscot County Superior Court, and the statewide Business and Consumer Docket will begin using the Odyssey case management system (CMS) to process and manage all cases except for criminal, civil violations, juvenile, protection from abuse, and protection from harassment cases.
- Access to public electronic court records will be available through the Odyssey Portal. See the Maine Rules of Electronic Court Systems for more information.
November 30, 2020
- eFiling will available for all cases except for criminal, civil violations, juvenile, protection from abuse, and protection from harassment cases in Bangor courts and the BCD. eFiling will be mandatory for attorneys and self-represented parties filing more than six non-emergency cases in a calendar year. eFiling will be optional for most self-represented parties
- Guide & File, an interactive, web-based application that helps self-represented parties file court documents, will be available for Small Claims cases. Additional case types will be added to Guide & File in the future.
Training for eFiling A revised schedule of free, online new filer training dates for attorneys and others is available on the Judicial Branch's eCourts webpage, www.maine.courts.gov/ecourts. A link to register for training is also available on page, along with more information on Maine eCourts.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Capital Judicial Center closed Nov. 24th and Nov. 25th
Date: 11/23/2020
The Capital Judicial Center in Augusta is closed to the public Tuesday, November 24, 2020 and Wednesday, November 25, 2020, as a result of an employee testing positive for COVID-19. Those who have come in close contact with the individual have been notified consistent with CDC guidelines.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Notice of Opportunity for Comment on proposed revisions to Pandemic Management Orders PMO-SJC-3 and PMO-SJC-3A
Date: 11/24/2020
Review of Pandemic Management Order PMO-SJC-3 Order Regarding Submission of Documents by Email and PMO-SJC-3A Order Regarding Submission of Documents by Email in Protection from Abuse and Protection from Harassment Cases
Comments must be filed by 4:00 p.m. on Monday, November 30, 2020.
The Maine Supreme Judicial Court invites comments on proposed Pandemic Management Orders to permit email filing of certain documents as part of a comprehensive plan to promote accessibility to the courts during this global health crisis. E-mail filing is being permitted only as a temporary accommodation for the current pandemic. The proposed Pandemic Management Orders are posted at the links above.
Comments must be submitted separately for each Pandemic Order and each comment should identify the relevant section. For example, if a commenter wishes to comment on the section within proposed Pandemic Order PMO-SJC-3 pertaining to the required format of emailed documents, the commenter must file a comment captioned "PMO-SJC-3, section C."
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Monday, November 30, 2020. Written comments must be sent by email to:
lawcourt.clerk@courts.maine.gov.
If the comments are in an attachment to the email, the attachment must be a document in portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Court's website.
Dated: November 24, 2020
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04112-0368
(207) 822-4146
Supporting documents
Notice of Opportunity for Comment (PDF)
Proposed revised PMO-SJC-3 (PDF)
eFiling launches in Bangor and the Business and Consumer docket on November 30
Date: 11/24/2020
Effective November 30, 2020, eFiling will available for at the BCD and for all cases except for criminal, civil violations, juvenile, protection from abuse, and protection from harassment cases in Bangor courts. eFiling will be mandatory for attorneys and self-represented parties filing more than six non-emergency cases in a calendar year.
- Access to public electronic court records is available through the Maine Judicial Branch Odyssey Portal. Electronic court records are available only in courts and for cases where eFiling has been implemented. See the Maine Rules of Electronic Court Systems for more information.
- Parties and attorneys of record may request remote access to all electronic court records in their cases on the Maine Judicial Branch Odyssey Portal after registering. For more information go to www.courts.gov/ecourts.
- New electronic court forms are available on the JB website and will be required effective December 14, 2020. Note: Paper summons packages may be exchanged for new forms at no cost by returning the old forms to a courthouse.
- Help at the courthouse - Public Access Computers (PACs) will be available at the Penobscot Judicial Center. Clerks will be available at the courthouse to help unrepresented parties use the terminals.
- Guide & File, an interactive, web-based application that helps self-represented parties file court documents, will be available for Small Claims cases. Additional case types will be added to Guide & File in the future.
- Training for eFiling A revised schedule of free, online new filer training dates for attorneys and others is available on the Judicial Branch's eCourts webpage, www.maine.courts.gov/ecourts. A link to register for training is also available on the page, along with more information on Maine eCourts.
- Technical support and helplines
- Technical support is provided by Tyler Technologies call centers from 8 a.m. to 8 p.m. EST at 1-800-287-5377.
- The Judicial Branch is available for questions about Maine eCourts during normal business hours by contacting ecourtshelp@courts.maine.gov.
- As always, you my ask general questions about a case or the courts by contacting info@courts.maine.gov.
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Notice of Opportunity for Comment on proposed revisions to Pandemic Management Order PMO-SJC-8
Date: 11/24/2020
Review of Pandemic Management Order PMO-SJC-8, Emergency Rules on Waiver of Initial Appearances and Arraignments
Comments must be filed by 4:00 p.m. on Monday, November 30, 2020
The Maine Supreme Judicial Court invites comments on proposed revisions to Pandemic Management Order PMO-SJC-8, on waiver of initial appearances and arraignments in criminal cases, as part of a comprehensive plan to promote accessibility to the courts during this global health crisis. The proposed revised Pandemic Management Order is posted at the link above.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Monday, November 30, 2020. Written comments must be sent by email to:
lawcourt.clerk@courts.maine.gov.
If the comments are in an attachment to the email, the attachment must be a document in portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Court's website.
Dated: November 24, 2020
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04112-0368
(207) 822-4146
Supporting documents
Notice of Opportunity for Comment (PDF)
Proposed revised PMO-SJC-8 (PDF)
Oxford County courthouse closed today due to COVID-19 exposure
Date: 12/14/2020
An employee at the Oxford County Courthouse has tested positive for COVID-19. The courthouse is closed today, December 14, 2020, for cleaning consistent with CDC guidelines. Please check the Judicial Branch website for information about court closures.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
SJC adopts amendments to the Maine Rules for Electronic Court Systems
Date: 12/14/2020
Amendments made to Rules 1(A); 2(A)(14), (17); 4(A); 31(A), (C); 33(B), (C) (and (C) through (F) are redesignated); 34(B)(2); 35(B); and 37(D).
Changes address applicability of rules to conventional filers in courts using electronic filing; date of accessibility of documents to public; exemptions from requirement to file electronically; and other technical matters.
Supporting documents
Judicial Branch issues new and revised Pandemic Management Orders, modifications to the Rules of Electronic Court Systems and accompanying Administrative Order
Date: 12/15/2020
December 15, 2020, Portland, Maine. The Maine Judicial Branch is accepting email filings in many case types as set forth in new and revised PMOs. Other PMOs underwent minor revisions. The updated PMOs are: PMO-SJC-2, PMO-SJC-3, PMO-SJC-3A, PMO-SJC-4, PMO-SJC-7, and PMO-SJC-8. The full text of these orders can be found on the Judicial Branch website.
PMO-SJC-3: Effective December 14, all Maine courts began accepting the filing by email of certain documents in all cases, including in civil, criminal, juvenile, family matters, and appellate cases. Email filing is being permitted temporarily as an accommodation for the current pandemic.
Maine District and Superior Courts, and the Maine Supreme Judicial Court are accepting the filing by email of all documents EXCEPT: (1) documents that require a filing fee; (2) documents in post-conviction matters; (3) trial exhibits for remote hearings (with some exceptions); and (4) requests for Preliminary Protection Orders (PPOs) on a weekend, legal holiday or after 3pm on a business day.
PMO-SJC-3 contains detailed requirements for email filings. Areas covered include filing date and docketing; format of documents; subject line, signatures, and notarization; paper originals; service and response deadlines; and rejection of emailed documents. Some response deadlines have been changed and replace deadlines in current court rules.
PMO-SJC-3A: Also effective December 14, Maine courts began accepting the filing by email of documents in protection from abuse and protection from harassment cases EXCEPT for complaints and other motions in protection for harassment cases that require a filing fee.
PMO-SJC-3A also contains detailed requirements for email filings. Areas covered include filing date and docketing; format of documents; electronic signature and notarization; email subject line and cover sheets; paper originals; judicial review of complaints and motions; service of documents and response deadlines; appeals; and rejection of documents. Emailed allowed complaints and documents must be filed by 3pm on a business day in order to be acted upon that day. Documents received after 3pm will be reviewed on the next business day.
PLEASE NOTE: eFiling in the eFileMaine system, now required in most civil matters in Bangor District Court, Penobscot Superior Court, and the Business and Consumer Docket, is distinct from filing documents by email as addressed in PMO-SJC-3 and PMO-SJC-3A. Please see PMO-SJC-3 for more detail.
Other PMOs: The revisions to PMO-SJC-2 allow parties, as well as attorneys, to sign documents electronically. PMO-SJC-4 announces that the February 2021 Maine Bar Exam will be administered remotely. Revisions to PMO-SJC-7 allow a witness testifying remotely to use a virtual background in certain circumstances. Finally, changes to PMO-SJC-8, regarding the waiver of initial appearances and arraignments, require court appointed counsel to confirm the acceptance of the appointment in the letter requesting the waiver.
Rules of Electronic Court Systems (RECS): Modifications reconcile certain provisions with existing court rules and clarify processes relating to ex parte motions. Procedures specific to service for conventional filers are established in conjunction with AO-20-4.
Administrative Order AO-20-4: AO-20-4 supplements RECS to address requirements for service upon and by self-represented parties who use the eFileMaine system during the pendency of proceedings in Maine state courts. It also addresses the requirement for filing of documents subsequent to the initial pleading by self-represented parties who use the eFileMaine.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Maine Rules of Electronic Court Systems (RECS) (PDF)
SJC adopts amendments to Maine Rules of Civil Procedure
Date: 12/16/2020
The amendments make changes to rules 30(h) and 31(d) to bring the Rules of Civil Procedure into conformity with the Uniform Interstate Depositions and Discovery Act, 14 M.R.S. §§ 401-408.
Supporting documents
Maine attorney tapped to lead National Criminal Justice Association (NCJA)
Date: 12/17/2020
Anne Jordan, Manager of Criminal Process and Specialty Dockets at the Maine Judicial Branch, was elected President of the NCJA Board of Directors and will lead the Executive Committee.
Based in Washington, D.C., the NCJA represents state, territorial, tribal, and local governments on crime prevention and public safety issues. Its members represent all facets of the criminal and juvenile justice community, from law enforcement, corrections, prosecution, defense, courts victim-witness services and educational institutions to federal, state, and local elected officials. The NCJA Board of Directors and the Executive Committee formulate and guide the policy and direction of the association.
"I am both honored and humbled by the confidence placed in me by my peers who chose me to lead our organization," Jordan said. I look forward to working with my colleagues in both the public and private sectors from across the nation as we work together to improve the criminal justice system during these challenging times.
NCJA works to promote a balanced approach to communities' complex public safety and criminal justice system problems by coordinating juvenile justice, criminal justice, and other federal programs to use limited federal funds most effectively. Its governing body is comprised of high-level state and county officials and regional representatives from across the country.
Jordan previously served as the Commissioner of Public Safety under Governor John Baldacci.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Courthouse public hours reduced in response to the ongoing COVID-19 public health emergency
Date: 12/21/2020
Today, the Maine Judicial Branch released this statement on changes to courthouse hours made in response to the reported surge in COVID-19 cases throughout the state:
The circumstances presented by the COVID-19 pandemic emergency are unprecedented. Balancing the health and safety of the public and the Branch's employees with the need to provide access to justice has been the Judicial Branchs focus since the beginning of this public health crisis. Most courtrooms are small and other public space within the courthouses is minimal. Given these spatial limitations and because much of our business is still conducted in person and by paper, the Judicial Branch has had to rethink almost everything we do in order to ensure public safety. Judicial Branch employees have met these challenges with unmatched dedication. Through determination, creativity and grit, we have provided access to justice to Maine citizens by inventing new processes and initiating technology solutions in a few short months. With guidance from the Maine CDC, we have maintained our facilities and implemented precautionary measures so that we might ensure the safety of our employees and the people who enter the States courthouses.
Nine months into this public health emergency the hope of an effective vaccine is on the horizon, but not before winter arrives and conditions worsen. The daily case count is increasing exponentially and the virus is spreading statewide. The deteriorating situation has led the Judicial Branch to revisit the Phased Management Plan (Plan) first adopted at the beginning of the pandemic. Although the Plan, when written, focused on expanding operations through a phased approach, we also acknowledged that a resurgence of COVID-19 might necessitate: (1) adjustments to the phase attributes; (2) a halt to phase progression, and/or (3) a return to the safeguards of an earlier phase.
Now, based on the scientific data from the Maine CDC and the likelihood that pandemic conditions will worsen before they improve, the Judicial Branch has determined that, until pandemic conditions begin to improve, it is prudent to limit public hours at courthouses to those hours when in-person proceedings are scheduled.
A schedule of reduced hours through the end of January by county and individual court may be found at: Reduced Public Hours at Courthouses during COVID-19. Please visit the Judicial Branch website at https://www.courts.maine.gov/ for clerk of court contact information and updates regarding court schedules. The schedule is subject to change depending upon pandemic conditions and will be revisited after the New Year. All persons are advised to call the clerks office or check the website before coming to a courthouse.
Despite this reduction in the hours of public access, all courthouse offices will remain available for assistance by telephone during normal business hours, and remote proceedings will continue as scheduled. We are grateful to the many dedicated employees who have developed and implemented new technology solutions and procedures that allow the court to manage many cases remotely.
Access to Remote Proceedings. PMO-SJC-7(E) outlines the process for public access to remote court proceedings that are not otherwise closed or confidential. Anyone who wishes to observe or listen to remote court proceedings should contact the clerk of the court where the hearing is being held. Please review PMO-SJC-7(E) for more information.
Email filings of certain documents in civil, criminal, juvenile, family matter, and appellate cases, are being accepted. (See PMO-SJC-3 for more information). That includes certain pleadings and complaints in protection from abuse cases, which may be submitted by email in accordance with PMO-SJC-3A.
Please note: eFiling in the eFileMaine system, now required in most civil matters in Bangor District Court, Penobscot Superior Court, and the Business and Consumer Docket, is distinct from filing documents by email.
We understand that limiting public hours at courthouses is not ideal. But the health and welfare of the people who enter our courthouses and our employees who work within them must take precedence at this time. We appreciate your patience and maintain our commitment to providing access to justice to all citizens.
To check active court alerts about these and other closings (including inclement weather), go to the Court Alerts page on the Judicial Branch website.
Contact: Julia Finn, Esq.
Phone: (207) 822-0767
Email: julia.finn@courts.maine.gov
Supporting documents
Law Court invites amicus briefs on standard of review applicable to Boards of Appeals in land-use matters and on waiver of objection to use of incorrect standard of review
Date: 12/22/2020
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of Kimberly Lamarre et al. v. Town of China et al., Law Court docket number Ken-20-134, an appeal from the Superior Court's decision on an appeal pursuant to M.R. Civ. P. 80B from a decision of the Town's Zoning Board of Appeals affirming a building permit issued by the Town's Code Enforcement Officer. The Board of Appeals conducted an "appellate" review rather than a de novo review. The parties did not object to the standard applied by the Board of Appeals, and the appellants do not argue on appeal that the Board's decision is affected by the standard of review it applied.
The Court invites briefs of amici curiae on the following issues:
1. In an appeal pursuant to M.R. Civ. P. 80B from a decision of a municipal Board of Appeals in proceedings pursuant to 30-A M.R.S. 2691(3)-(4), must the Superior Court determine whether the Board of Appeals applied the proper standard of review-de novo or appellateeven if the parties failed to raise the issue at the municipal level?
Comment: In Gensheimer v. Town of Phippsburg, the Court stated: "Before we address the substantive merits of the appeal, we have to determine which municipal decision we review, and we must examine whether the Board of Appeals undertook an appropriate review of the decision of the Planning Board." 2005 ME 22, ¶ 5, 868 A.2d 161 (citing Stewart v. Town of Sedgwick, 2000 ME 157, 757 A.2d 773). See also Stewart, 2000 ME 157, ¶ 5, 757 A.2d 773 ("[I]n order to determine what decision is under review here, we must begin with a determination of the nature of the Board's role in the matter at hand.") Conversely, in Brown v. Town of Starks, 2015 ME 47, ¶ 7, 114 A.3d 1003, the Court held that by not raising the issue at the municipal level, the appellants had failed to preserve the issue for judicial review.
2. In order to provide for appellateand not de novoreview by a Board of Appeals, must an ordinance explicitly state that the review is "appellate"?
Comment: In Stewart v. Town of Sedgwick, 2000 ME 157, 7, 757 A.2d 773, the Court held that a Board of Appeals must conduct a hearing de novo "unless the municipal ordinance explicitly directs otherwise." Since that ruling in 2000, however, the Court has interpreted ordinance language that does not state expressly that the review is appellate to nevertheless "authorize[] a board of appeals to undertake appellate review of a permitting decision made by the [code enforcement officer] or planning board." Mills v. Town of Eliot, 2008 ME 134, 15, 955 A.2d 258. But see Logan v. City of Biddeford, 2001 ME 84, ¶ 7, n.1, 772 A.2d 1183 ("The . . . [o]rdinance does not expressly provide that the Zoning Board of Appeals hears appeals in an appellate capacity. Therefore, the Zoning Board of Appeals should have heard the appeal de novo."). In 2017, in "An Act to Clarify Appeals of Municipal Land Use Decisions," P.L. 2017, ch. 241, § 1, the Maine Legislature added the following language to 30-A M.R.S. § 2691(3)(C):
Unless otherwise established by charter or ordinance, the board shall conduct a de novo review of any matter before the board subject to the requirements of paragraph D. If a charter or ordinance establishes an appellate review process for the board, the board shall limit its review on appeal to the record established by the board or official whose decision is the subject of the appeal and to the arguments of the parties. The board may not accept new evidence as part of an appellate review.
In light of this history, can a charter or ordinance "establish[] an appellate review process" without using the word "appellate" or otherwise prescribing that the board is limited to the record established by the board or official whose decision it is reviewing and that it may not accept new evidence as part of the review?
3. Does limiting a Board of Appeals to appellate review implicate procedural due process concerns? Does it matter whether the decision under consideration by the Board of Appeals was made by a code enforcement officer or by a planning board?
Comment: Procedural due process requirements normally include adequate notice and "the right to present evidence and ... to rebut opposing evidence[.]" Town of Ogunquit v. Cliff House & Motels, Inc., 2000 ME 169, ¶ 11, 759 A.2d 731. Under what circumstances could due process requirements be met when a Board of Appeals engages in appellate review of a code enforcement officer's decision?
The parties' briefs and the appendix are available at the links below.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before January 26, 2021. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: December 22, 2020
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Documents:
- Brief of appellant Nicholas Namer
- Brief of appellant Town of China
- Brief of appellees Kimberly and Anthony Lamaerre
- Reply brief of appellant Town of China
- Appendix
- pdf version of this invitation
Maine Judicial Branch adds temperature checks to COVID-19 courthouse safety screenings; extends the date for COVID-19 FED procedures to March 31, 2021
Date: 12/22/2020
The Maine Judicial Branch today issued a revised Pandemic Management Order, PMO-SJC-6, and a new order, PMO-SJC-9, in response to an uptick in reported COVID-19 cases in Maine.
PMO-SJC-6, effective December 22, 2020 contains emergency rules for Forcible Entry and Detainer (FED or eviction) cases, including that the initial status conference in FED cases be scheduled and held by telephone. Today's revised order changes the date through which the emergency rules will apply from December 31, 2020 to March 31, 2021.
PMO-SJC-9, effective December 22, 2020 through April 2, 2021, requires that all persons entering state courthouses submit to temperature screening in addition to other COVID-19 safety measures. All members of the public, including attorneys, will be required to enter the courthouse through the public entrance.
More information on Maine courts response to COVID-19 can be found on the Judicial Branch website here: https://www.courts.maine.gov/covid19/index.html.
A summary of courthouse visitor restrictions can be found here: https://www.courts.maine.gov/covid19/notice.html.
Public hours at Maine courthouses have been reduced in response to COVID-19. Before making a trip to a courthouse while COVID-19 safety procedures are in place, please check the Court Alerts page on the Judicial Branch website here: https://www.courts.maine.gov/courts/alerts.shtml.
Contact: Julia Finn, Esq.
Phone: (207) 822-0767
Email: julia.finn@courts.maine.gov
Supporting documents
Biddeford District Court and York County Superior Court are closed today due to COVID-19 exposure
Date: 1/12/2021
The Biddeford District Court and the York County Superior Court are closed today, January 12, 2021, as a result of a COVID-19 exposure. Both courthouses will be cleaned consistent with CDC guidelines. Please check the Judicial Branch website for information about court closures.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
Maine Judicial Branch ensures social distancing by revising court procedures for arraignments
Date: 1/12/2021
The Maine Judicial Branch announced today that it has revised court procedures for walk-in arraignments and created timelines for the filing of criminal complaints. The changes in revised PMO-SJC-1 are being implemented to limit courtroom capacity to ensure social distancing during arraignments (which may involve large numbers of people) at Judicial Branch Facilities. The new procedures will be effective January 18, 2021.
New procedures include the following:
- All criminal complaints and summonses must be filed with the clerk's office at least 14 days before the scheduled arraignment date. The only exception is for new criminal complaints for persons who are in custody and have not made bail on the new charges.
- In addition, to limit the number of people present in the courtroom at one time, each law enforcement agency will be assigned specific arraignment dates and allotted a set number of defendants who can be summonsed for each arraignment date. Once the maximum number is reached, the law enforcement agency will be required to use the next available date on its schedule of arraignment dates.
- Although arraignments will be scheduled for specific dates, locations, and times, any person with a court date for any purpose (including police departments and officers) should check the Judicial Branch website to confirm that the courthouse is open before coming to the courthouse. A Court Alerts link to courthouse closures due to weather, a COVID-19 exposure, or other emergency appears at the top of each page on the Judicial Branch website when Court Alerts are in effect.
The full text of PMO-SJC-1, the 2021 Dates for Arraignment, Initial Appearance and Unpaid Fines, and Arraignment Slots for Police Departments may be found below.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@ courts.maine.gov
Supporting documents
PMO-SJC-1 including Arraignment Dates and Arraignment Slots for Police Departments (PDF)
Maine Judicial Branch announces updates and fixes to eFileMaine
Date: 1/21/2021
The Maine Judicial Branch announced today that an updated version of its eFiling platform, eFileMaine, will be released this evening, January 21, 2021, between 7:00 and 9:00 p.m. to improve system performance in response to comments received from users of the eFiling system during the first several weeks of operation. The system will be unavailable while the update is in process.
Updates include the following:
- An eCheck filing fee payment option will be available for eFilers in addition to the ability to pay filing fees by credit or debit card.
- The system will display the reason an eFiling is rejected, if applicable, to assist users in quickly correcting a filing.
- Maine attorney bar numbers will be validated to eliminate messages experienced by some users that their Bar ID was not valid.
- The "Service Only" option will be active as a standalone option.
- A user will be able to add themselves as a Service Contact and not receive an unauthorized access message.
- Electronic service will now occur when an eFiling is submitted to the court.
- Date stamping for lead documents and associated attachments will be active and displayed by the system.
- Filing events and associated fees have been reconciled so filers will be able to choose the appropriate filing fee for a filing event.
- Duplicate filing codes and party names that displayed in some situations have been eliminated.
- Messages preventing fee processing for attorney filers associated with an entity (as opposed to a person) have been resolved.
- Performance tuning and other system updates to increase the overall speed and performance of the system.
eFiling launched in Bangor courts and the statewide Business and Consumer Docket on November 30, 2020 for all case types with the exception of criminal, civil violations, juvenile, protection from abuse, and protection from harassment. Additional case types and courts in Penobscot and Piscataquis counties will begin eFiling later this year.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
SJC adopts amendments to Maine Rules of Civil Procedure
Date: 1/22/2021
The SJC has adopted amendments to the Maine Rules of Civil Procedure regarding the practice of law by out-of-state attorneys who volunteer with legal services organizations in Maine.
Supporting documents
Revised screening procedures for visitors who traveled out of state
Date: 2/22/2021
The Maine Judicial Branch announced today that it has revised screening procedures to align more closely with the guidelines from the Maine CDC. Courthouse visitors who have been out of state recently must complete a certification concerning their possible exposure to COVID-19 in addition to answering updated screening questions before being allowed to enter. The procedures are detailed in a revised Appendix A and new Appendix B to the Judicial Branch's COVID-19 Phased Management Plan dated February 17, 2021.
Appendix B of the Plan, "Certificate of Compliance for Out-of-State Travel" provides that in order to enter a courthouse, visitors who have traveled outside of Maine within the last 10 days before their courthouse visit must certify:
- That they have traveled to a state that is exempt from the testing and quarantine requirements under Maine CDC guidelines; or
- They received a negative antigen (sometimes called a rapid results) or negative RT-PCR/molecular (sometimes called a swab and send) test result from a test taken no more than 72 hours before arrival at the courthouse, consistent with Maine CDC guidance; or
- They tested positive for COVID-19 within the last 3 months and have completed the required isolation period, consistent with Maine CDC guidelines.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Phased Management Plan Version 6 (PDF)
Maine Judicial Branch seeks feedback and suggestions on ways to improve the Maine eCourts eFiling and Case Management System
Date: 2/22/2021
The Maine Judicial Branch announced today the creation of the Maine eCourts Stakeholders and Users Input Portal for comments, suggestions, questions, or other areas of concern related to the rollout of the Maine eCourts eFiling system and the Odyssey case management system. Stakeholders and users can complete and send comments to the Judicial Branch by email at eCourts_stakeholders_input@courts.maine.gov or by calling 207 561-2313.
The Judicial Branch launched a pilot phase of eCourts and eFiling in November 2020 for most types of civil cases in Bangor courts and the Business and Consumer Docket. During the initial rollout period, the implementation team anticipated the need for additional improvements and modifications, as is common with many new technology systems. To help improve filer experience as eCourts expands to additional courts and case types, the Judicial Branch is seeking feedback and suggestions for improvements from filers and other stakeholders on every aspect of the system, including eFiling, access to court records and information, operation of the rules governing electronic filing, and support features. Every comment received will be fully reviewed and followed up on as necessary.
The Judicial Branch thanks users and stakeholders in advance for their comments, questions, and suggestions as we move forward with the implementation of eFiling and electronic case management to better serve the people of Maine.
Amendments to the Rules of Electronic Court Systems (RECS) effective March 15, 2021.
The Supreme Judicial Court also announced today that the Rules of Electronic Court Systems (RECS) have been amended to provide that a court record in a civil case will be accessible to the public upon entry into the electronic case file, unless prohibited by law or by court order. The amendments will take effect on March 15, 2021 to allow time for technical programming necessary to implement the change. The Rules of Electronic Court Systems were drafted to facilitate public access to the courts and court records in the electronic environment with two equally important goals in mind:
- providing maximum reasonable public access to court records, and
- minimizing the risk of harm to individuals and entities involved in court proceedings.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Guardian ad Litem Core Training scheduled March 29th through April 2nd
Date: 3/5/2021
The Maine Judicial Branch, in collaboration with the Maine State Bar Association, is happy to announce the next Guardian ad Litem Core Training. Completion of this training is required to become a rostered guardian ad litem. The training will be entirely virtual and will be held during the spring administrative week, March 29, 2021 to April 2, 2021.
For more information about becoming a rostered GAL and to access the application visit the Information for Guardians ad Litem page.
Supporting documents
Maine Judicial Branch issues scam warning
Date: 3/15/2021
We have been advised of at least one report of a scam artist making telephone calls, identifying themselves as a Franklin County court employee, and seeking personal information. The Maine Judicial Branch is issuing a warning that no one should provide personal identity information over the telephone, and is reminding the public that employees of the Maine courts do not call and request personal information over the telephone.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Acting Chief Justice Mead delivers State of the Judiciary
Date: 3/17/2021
Acting Chief Justice Mead delivered his State of the Judiciary address to the Presiding Officers of the 130th Maine State Legislature last week in both video and written formats. The full Legislature received the speech on Tuesday, March 16. Due to COVID-19 restrictions on public gatherings, the speech was presented virtually this year.
The written address may be viewed here and the video may be viewed below or at https://vimeo.com/521512581/e63c061def
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Maine Judicial Branch Mourns Passing of the Honorable Thomas E. Delahanty
Date: 4/13/2021
The Honorable Thomas E. Delahanty, II, a former Justice of the Maine Superior Court and U.S. Attorney for the District of Maine, passed away on April 12, 2021. Justice Delahanty was a beloved and esteemed jurist with a long record of distinguished public service. His illustrious career included serving as U.S. Attorney for the District of Maine on two separate occasions: once under President Carter, and again under President Obama. He was appointed to the Superior Court in 1983 and served as Chief Justice of the Superior Court from 1990 to 1995. He left the court in 2010 when he was appointed for the second time as U.S. Attorney for the District of Maine. Most recently, he served as Active Retired Justice of the Superior Court after concluding his tenure as U.S. Attorney.
His upbeat and engaging personality endeared him to everyone. He lived life fully and enjoyed his close relations with family and friends. He will be deeply and profoundly missed by all.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Law Court invites amicus briefs on anti-SLAPP suits
Date: 4/30/2021
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae on one or more issues presented in the appeal of John Thurlow v. Zakia Nelson et al., Law Court docket number Cum-20-63, which involves the application of 14 M.R.S. § 556, Maine’s “anti-SLAPP” statute.
Section 556 was enacted by the Legislature in 1995 to allow for the dismissal of Strategic Lawsuits Against Public Participation (“SLAPPs”). Since section 556’s enactment, the Court has struggled with how to apply the statute in a manner that recognizes and protects the rights of parties to petition their government and balances those rights with the rights of access to the courts for parties who claim to have been harmed by the petitioning activity. This struggle has resulted in “changing pronouncements,” Gaudette v. Davis, 2017 ME 86, ¶ 7, 160 A.3d 1190, and additional procedural components that, although not specifically prohibited, are not found within the language of the statute. Gaudette at ¶ 22.
Thurlow will be argued in September. Before we determine whether to issue any further “changing pronouncements,” we seek input from interested persons and entities and members of the Bar on the following questions, which may be within the scope of the issues raised on this appeal:
- Should 14 M.R.S. § 556 be declared unconstitutional because there is no effective way to preserve the non-moving partys right to a jury trial given that a special motion to dismiss may be granted based on pretrial factual determinations made by the court?
- Should the Court limit the definition of petitioning activity to petitions or statements submitted to legislative, executive or judicial bodies involved in the determination or adjudication of zoning or other land development disputes, see, e.g. Morse Bros. Inc. v. Webster, 2001 ME 70, ¶ 10, 772 A.2d 842?
- Should the Court adopt a process similar to that adopted by the Massachusetts Supreme Judicial Court in Blanchard v. Steward Carney Hospital, 75 N.E. 3d 21 (Mass 2017) to allow the non-moving party to avoid dismissal by establishing that the suit is not a SLAPP suit?
- Should the Court abandon its recent attempt to balance the rights to petition and for access to the courts through the three-step process defined in Gaudette and revert to the two-step process announced in Nader v. Maine Democratic Party, 2012 ME 57, 41 A.3d 551?
- If the three-step Gaudette framework is retained, what, if any, modifications to any of the steps should be made?
An amicus brief need not address all of the issues enumerated here; an amicus may choose which issues to address.
The Clerk of the Law Court will provide the parties’ briefs and the appendix to any interested amicus upon request.
An amicus brief, which may not exceed twenty-five pages (exclusive of the required tables, signature block, and certificate of service on the parties) may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before June 22, 2021. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single native or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: April 30, 2021
Updated May 17, 2021, to enlarge time for amicus briefs.
Updated May 19, 2021, to correct month during which appeal will be argued.
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Supporting documents
Temperature checks no longer required effective May 17, 2021
Date: 5/3/2021
The Maine Judicial Branch announced today that it is revising its COVID-19 screening protocols to eliminate the use of temperature screening, effective May 17, 2021.
The guidance, contained in revised PMO-SJC-9, also provides that all courthouse visitors will continue to be required to enter court facilities through public entrances and answer COVID-19 screening questions before admittance.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Maine Judicial Branch announces invitation for input in post-COVID planning
Date: 5/3/2021
The novel coronavirus pandemic has presented difficult challenges to court operations. Numerous innovations and temporary processes instituted over the preceding twelve months have allowed the courts to hear and manage emergency cases and priority dockets. But as the possibility of a resolution of the virus looms, the courts must turn their attention to the task of addressing substantial backlogs of pending cases and a return to day-to-day operations without the impediments presented by the pandemic.
The Maine Judicial Branch invites and welcomes input and suggestions from professional associations, stakeholders, advocacy groups, and members of the public as it moves forward with planning for court procedures and practices to be implemented as the COVID-19 pandemic abates.
The Judicial Branch also seeks input on the innovations and processes that were instituted during the pandemic, and requests feedback concerning whether those measures should be continued, modified, or discarded.
Recommendations and suggestions may be submitted via email to: CourtsPostCOVIDplanning_comments@courts.maine.gov
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Maine Judicial Branch limits email case filing as pandemic restrictions begin to ease
Date: 5/27/2021
The Maine Supreme Judicial Court announced today that it has revised Pandemic Management Order PMO-SJC-3 to discontinue email filing in most types of cases. The SJC first permitted email filing as a safety measure while the COVID-19 pandemic was surging as a way to reduce the number of people required to go to a courthouse. Although processing emailed filings is much more labor intensive for court staff, the special accommodation was deemed necessary to maintain social distancing and limit exposure to COVID-19 before vaccinations became widely available.
On September 3, 2020, the court discontinued the emailed filings provision, but on September 23, in response to widespread expressions from the bar in favor of emailed filings, the court reinstituted and expanded opportunities for emailed filings at a time when only limited types of dockets were being handled. With the recent expansion of dockets, however, the number of emailed filings has increased to the point where the acceptance and processing of emailed filings is no longer sustainable.
As the Governor and the Maine CDC begin to ease pandemic restrictions with the availability of COVID-19 vaccines, courts are focused on addressing the backlog of cases. As made clear in revised PMO-SJC-3, although the courts will immediately start to address the backlog:
[Courts] continue to be hampered by shortages of clerks and marshals and the on-going need for court closures. The clerks' offices are simply not able to handle the regular business of the courts while also handling the additional task created by email filing.
Therefore, the acceptance of filings sent by email will be discontinued effective June 7 for all case types EXCEPT that emailed filings will continue to be accepted for:
- Protection from harassment and protection from abuse cases;
- Proposed orders; and
- Guardian ad litem reports.
This order does not affect the electronic filing of documents in the Bangor District Court, Penobscot Superior Court, or the statewide Business and Consumer Docket.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Notice of Opportunity for Comment -- Extension of Apportionment Deadlines and Authority of Apportionment Commission to Act After June 1, 2021
Date: 5/27/2021
Updated June 10, 2021, to add Apportionment Commission as a petitioner and to add a description of the additional relief that the Commission requests.
to petition of legislative leaders and the Apportionment Commision
for an order extending the time for apportionment of
legislative, congressional, and county commissioner districts.
President of the Senate Troy D. Jackson, Senate Minority Leader Jeffrey L. Timberlake, Speaker of the House Ryan M. Fecteau, House Minority Leader Kathleen R. J. Dillingham, and the Apportionment Commission established by the Maine Legislature have filed a petition for an order of the Supreme Judicial Court extending the constitutional deadlines for apportionment of legislative, congressional, and county commissioner districts and declaring that the Apportionment Commission has full authority to exercise all of its constitutional and other legal powers after June 1, 2021. The Executive Clerk has docketed the petition under the title In re 2021 Apportionment of Maine House of Representatives, Maine Senate, U.S. House of Representatives, and County Commissioners and has assigned it docket number SJC-21-4. The Court has issued a procedural order permitting any individual, legal entity, or organization to file a response to the petition.
The petition, the affidavit of Deputy Secretary of State Julie L. Flynn that accompanied the petition, the Court's amended procedural order, the Commission's motion to join in the petition, and the Court's order joining the Apportionment Commission are available at the links below.
Any response must be filed with the Executive Clerk on or before June 18, 2021, and must meet the requirements set forth in the procedural order.
Dated: May 27, 2021
Matthew Pollack
Executive Clerk
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Supporting documents
Affidavit of Deputy Secretary of State Julie Flynn
PDF of original version of this notice
Apportionment Commission's motion to join petition
Order Joining Apportionment Commission
Maine Judicial Branch rescinds Phased Management Plan and issues new Post-Pandemic Orders
Date: 6/1/2021
The Maine Supreme Judicial Court announced today that it has rescinded the Phased Management Plan, a five-phase process for reopening Maine courts in response to the COVID-19 pandemic. The Final Addendum to the Plan released today states the following:
The State of Maine Judicial Branch issued its COVID-19 Phased Management Plan on May 27, 2020, in response to the novel coronavirus pandemic that had engulfed the country and rendered normal judicial proceedings impossible. The Plan provided five sequential phases based upon the ability of the Judicial Branch to modify its procedures, resources, and facilities to operate at maximum levels while protecting the public and Judicial Branch personnel.
The Judicial Branch reached Phase Five, the final phase of the Plan, in late 2020 as COVID-19 infections began to increase at alarming rates. An Addendum was added to the Plan indicating that full implementation of Phase Five was to be held in abeyance indefinitely until conditions improved.
Containment procedures and the arrival of the COVID-19 vaccines have produced a marked reduction in the incidence of infections. The Centers for Disease Control have recommended reducing or eliminating many of the previously existing curtailment measures. The Governor has rescinded many of those measures to the point where the courts can move briskly toward a return to full operations.
Accordingly, the Phased Management Plan no longer serves any purpose under present conditions, and is hereby concluded, and all provisions therein are rescinded.
Additionally, the Supreme Judicial Court announced the issuance of new Post-Pandemic Management Orders (PPMO). The new orders extend certain practices, processes, and procedures implemented during the pandemic including:
- Every litigant, lawyer, juror, law enforcement officer, or other member of the public who enters a Maine courthouse or another Judicial Branch facility will be required to wear mask face covering regardless of vaccination status or unless otherwise directed by the presiding judicial officer.(PPMO-SJC-1(A, B)
- Each presiding judicial officer has the discretion to conduct conferences, hearings, and trials remotely through video or telephonic formats, or in person. (PPMO-SJC-1 (D)
- Guidance for conducting and participating in remote proceedings is set forth in PPMO-SJC-2.
- The 14-day advance filing requirement for criminal complaints and limits on the number of persons assigned a specific arraignment date are continued. (PPMO-SJC-1(E))
- Oral arguments scheduled before the Supreme Judicial Court may be conducted in-person or remotely at the discretion of the Court. (PPMO-SJC-1(F))
PPMO-SJC-1 also rescinds the following PMOs:
- PMO-SJC-1 (compendium of multiple provisions);
- PMO-SJC-2(B) (electronic filing of criminal motions);
- PMO-SJC-5 (quarantine procedures);
- PMO-SJC-7 (remote proceedings and public access);
- PMO-SJC-9 (screening questions upon entry to a court facility);
- PMO-SJC-10 (procedures for hearing child protection cases); and
- PMO-SJC-11(extending continuing legal education deadlines).
- Have COVID-19 or have been told by a health professional within the last 14 days to presume that they have COVID-19; or
- Are experiencing any of the symptoms of COVID-19 or have been in close contact with a person with COVID-19 within the last 14 days.
- Have COVID-19 or have been told by a health professional within the last 14 days to presume that they have COVID-19; or
- Are experiencing any of the symptoms of COVID-19 or have been in close contact with a person with COVID-19 within the last 14 days.
- Dispositional conferences pursuant in criminal cases;
- Non-testimonial hearings or conferences in criminal cases;
- Pretrial or status conferences and non-testimonial hearings in family matters cases;
- Uncontested final hearings in family matters cases;
- Pretrial, discovery or status conferences and non-testimonial hearings in civil cases; and
- Stipulated judicial reviews, status conferences, and pretrial conferences in child protection cases.
- The use of remote proceedings for many court proceedings as provided in Administrative Order JB-21-05;
- COVID-19 entry screening questions;
- Maximum capacity limits; and
- Quarantine and isolation procedures.
- Was Winchester's right to a speedy trial violated under article 1, section 6 of the Maine Constitution? Your response should include a discussion of the proper test Maine courts should apply in analyzing claims of speedy-trial violations under the Maine Constitution.
- If Winchester's right to a speedy trial was not violated under the Maine Constitution, was it violated under the Sixth Amendment of the United States Constitution?
- permit facsimile and typewritten signatures and clarify rules regarding the signing of documents filed with the Law Court;
- remove the requirement that a notice of appeal contain a notice to other parties that they must enter an appearance in the Law Court to be heard on appeal;
- clarify that a visiting attorney admitted pro hac vice in the trial court may not appear in an appeal without being admitted pro hac vice in the Law Court;
- permit a notice of appeal to be filed at any time after entry of the judgment but not later than 21 days after entry of an order disposing of certain timely post-judgment motions;
- clarify that an appellee need not file a notice of appeal if no change in the judgment is sought;
- expand the types of orders subject to the Track A briefing schedule (and to add and amend related statutory citations);
- permit a short introduction section in a brief;
- require citations to pages in the appendix, transcript or record in the statement of the case of a brief but not in the argument section;
- require a brief to include a conclusion stating the precise relief sought;
- clarify that "double spacing" the text of a brief means using a word processor's double space function;
- expand the time during which a party may advise the Court of supplemental authorities that the party becomes aware of after filing its brief;
- clarify the methods by which a party may serve other parties with a motion; and
- permit motions, responses to motions, and certain other papers to be filed electronically.
- Should the Court reconsider its existing precedent that a foreclosure judgment in favor of the mortgagor based on the mortgagees failure to comply with 14 M.R.S. § 6111 renders the note and mortgage unenforceable because a second foreclosure action is barred by principles of res judicata?
- If so, upon what grounds, and to what extent, should principles of res judicata continue to apply? Should it make a difference if the second foreclosure action is based on a new default?
- If the lender is barred from pursuing a second foreclosure action under principles of res judicata, does this inability render the note and mortgage unenforceable such that the lender may pursue alternative claims including, but not limited to, an unjust enrichment claim against the borrower consistent with Restatement (Third) of Restitution & Unjust Enrichment § 2(2)?
- Should the court reconsider and repudiate the language in Fed. Natl Mortg. Assn v. Deschaine, 2017 ME 190, ¶ 37, 170 A.3d 230, and Pushard v. Bank of. Am., N.A., 2017 ME 230, ¶ 36, 175 A.3d 103, ordering that a failed foreclosure action barring a second foreclosure action on res judicata principles entitles the borrower to a discharge of the mortgage and title to the mortgaged property?
- Does Maine law, as opposed to federal law, require that the accused be notified of his or her right to counsel, and that it be waived, before being interrogated in a custodial setting?
- If the answer to question #1 is yes, is this duty to notify the accused of the right to counsel required under article I, section 6 or any other provision of the Maine Constitution?
- If a warning is provided, and the accused then invokes his or her right to counsel but does so ambiguously, under Maine law may the authorities continue to question the person or must they stop all questioning except to clarify whether the accused is unequivocally waiving or invoking the right to counsel?
- Under these circumstances, what enforceable interest, if any, does the mortgagee have in the subject property?
- Is formal administration of an estate or appointment of a special administrator required in order to foreclose when the debtor is deceased?
- The difference between a protection from abuse order and protection from harassment order;
- How to file for divorce or parental rights and responsibilities (custody);
- How to change or enforce a court's final order of divorce or parental rights and responsibilities; and
- An overview of small claims court.
- Motion for Appointment of Court-Paid Attorney Referee (CV-FM-288)
- Agreement to Appointment of Court-Paid Attorney Referee (CV-FM-289)
- Court-Paid Attorney Referee Voucher (CV-FM-291)
- What effect, if any, does the U.S. Supreme Court's holding in Counterman have on Labbe's case and especially on the State's burden of proof, if any, with respect to the defendant's subjective awareness that his conduct could cause one of the effects enumerated in 17-A M.R.S. § 210-A?
- In light of principles of issue preservation and retroactivity as set forth in Griffith v. Kentucky, 479 U.S. 314 (1987), and similar cases, can and should the Law Court address in this appeal the issues raised by Counterman?
- Must a constable complete the basic training course at the Maine Criminal Justice Academy, 25 M.R.S. § 2804-C, to be qualified as an officer authorized to enforce a statute or ordinance as that term is used in M.R. Civ. P. 80H?
- May a municipality appoint as an officer authorized to enforce a[n] . . . ordinance under Rule 80H a person who is not a constable under 30-A M.R.S. § 2673?
- Is a person appointed by the City as a Park Ranger an officer authorized to enforce a[n] . . . ordinance under Rule 80H, either as a constable under 30-A M.R.S. § 2673 or as a person authorized under other law?
Finally, PMO-SJC-6(C) (which sets forth the process for the remote proceeding pilot project in FED cases) has been revised to include a process for requesting an alternative format.
All post-pandemic management orders and pandemic management orders of the Supreme Judicial Court and the Trial Court Chiefs may be found at this site: https://www.courts.maine.gov/covid19/index.html.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Final Addendum to Phased Management Plan (PDF)
Maine Judicial Branch Welcomes New Chief Justice Valerie Stanfill
Date: 6/17/2021
The Maine Judicial Branch announced today that Superior Court Justice Valerie Stanfill was sworn in by Governor Janet Mills as the 27th Chief Justice of the Maine Supreme Judicial Court.
Chief Justice Stanfill is the second woman to be nominated and confirmed as Chief Justice, following the Honorable Leigh Ingalls Saufley, who resigned in April 2020 to accept a position as Dean of the University of Maine School of Law. Chief Justice Stanfill's nomination received unanimous approval by the Legislatures Joint Committee on the Judiciary and confirmation by the full Maine Senate. At her confirmation hearing before the Judiciary Committee, Chief Justice Stanfill emphasized a key principle that has guided her as a judge - that every person who comes to court be treated with fairness, respect, and justice. "It takes more to be a judge than to simply decide the case. All that [judges] do is informed by words sometimes attributed to Plato: 'Be kind, for everyone you meet is fighting a hard battle."
Following her swearing in, Chief Justice Stanfill thanked Governor Mills and the Legislature for the trust and confidence they have placed in her to lead Maines third branch of government.
After 14 years on the bench as a District Court judge, and most recently, as a Superior Court justice, I am still grateful every day for the opportunity to serve the people of Maine. I am eager to collaborate with colleagues within the court system and with stakeholders representing diverse interests outside the Judicial Branch, to tackle many of the immediate issues facing the court system. These issues include the case backlog created by the COVID-19 pandemic, systemic racism and bias, criminal pretrial reform and sentencing, and constitutionally required legal representation for poor litigants.
Chief Justice Stanfill was first nominated to the District Court in 2007 by Governor Angus King, re-nominated by Gov. LePage in 2014, and nominated to the Superior Court in 2020 by Gov. Mills before being nominated to be Chief Justice. Before joining the bench, Chief Justice Stanfill practiced law for 15 years in Lewiston and was a visiting professor at the University of Maine Law and Director of the Cumberland Legal Aid Clinic, where she taught trial practice and advanced trial advocacy. In 1999, she initiated a domestic violence legal clinic as part of the program. Law students in the clinic continue to provide assistance to unrepresented individuals in the Lewiston District Court who are seeking a Protection from Abuse order.
Chief Justice Stanfill joins Senior Associate Justice Andrew M. Mead, Associate Justice Ellen A. Gorman, Associate Justice Joseph M. Jabar, Associate Justice Thomas E. Humphrey, Associate Justice Andrew M. Horton, Associate Justice Catherine R. Connors on the 7-member Court.
The Maine Judicial Branch expresses its deepest gratitude to Senior Associate Justice Andrew M. Mead who stepped in just as the pandemic was beginning to surge to serve as Acting Chief Justice after Chief Justice Saufleys departure. His calm and steady leadership throughout this past year could not have been more appreciated as we all worked together to bring justice during this most trying time to the citizens of Maine, said Chief Justice Valerie Stanfill.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Stanfill Press Statement (PDF)
Maine Courts Issue Scam Warning
Date: 6/29/2021
The Maine Judicial Branch is issuing a warning today about scam calls claiming to come from a Cumberland County courthouse telephone number. These scam calls, sometimes referred to as 'spoofing,' are when a caller deliberately falsifies the information that appears on a recipient's caller ID in an attempt to disguise their identity.
The Judicial Branch reminds the public that no one should provide personal or financial information in response to a telephone call. Maine courts do not call and request personal information over the telephone.
Supporting documents
Maine Judicial Branch Ends Face Mask Requirement for Fully Vaccinated Courthouse Visitors
Date: 7/1/2021
The Maine Judicial Branch announced today that the Supreme Judicial Court has issued a revised Post-Pandemic Management Order effective July 1, 2021 rescinding the requirement for visitors to wear a face covering or mask at all times while in a courthouse if they have been fully vaccinated against the novel coronavirus (COVID-19). Any individual who is not fully vaccinated must wear a face covering while in Maine courthouses or other Judicial Branch facilities.
An individual is considered fully vaccinated 14 days after the completion of the COVID-19 vaccination series. For the Moderna and Pfizer vaccines, this means 14 days after the second shot. For the Johnson & Johnson vaccine, this means 14 days after the single shot.
The Judicial Branch reminds visitors that regardless of vaccination status, visitors may not enter a courthouse or other Judicial Branch facility if they:
Individuals who are unable to enter a courthouse because they have COVID-19, are experiencing COVID-19 symptoms, or who have not been fully vaccinated but refuse to wear a face covering, should call 207-753-2999 for assistance.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Maine Trial Courts Rescind Previously Issued Pandemic Management Order
Date: 7/13/2021
The Maine Judicial Branch announced today that the chiefs of Maine's trial courts have issued a Post Pandemic Management Order-TC-1 (PPMO-TC-1) rescinding Pandemic Management Order-TC-1, originally issued March 30, 2020 and revised most recently on February 17, 2021. The earlier PMO-TC-1 provided for certain changes in court procedures in response to the public health emergency posed by the COVID-19 pandemic.
PPMO-TC-1 issued today states that after closely following the Maine and U.S. Centers for Disease Control, the trial court chiefs have determined that the earlier emergency PMO-TC-1 is no longer necessary to address public health concerns and is therefore rescinded.
Maine trial courts comprise 29 District Courts and 17 Superior Courts throughout the state.
All PPMOs and Pandemic Management Orders of the Maine Supreme Court may be found on the Judicial Branch's Maine Courts Response to COVID-19 webpage.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
SJC issues order granting in part petition to extend deadlines for apportionment
Date: 7/20/2021
On July 19, 2021, the Supreme Judicial Court issued an order granting in part and dismissing in part the petition of Senate Minority Leader Jeffrey L. Timberlake, Speaker of the House Ryan M. Fecteau, House Minority Leader Kathleen R. J. Dillingham, and the Apportionment Commission established by the Legislature to extend the deadlines for apportioning legislative, congressional, and county commissioner districts. The Court granted the request to extend the time for apportionment of legislative and congressional districts and dismissed the request to extend the time for apportionment of county commissioner districts.
Supporting documents
Order Granting in Part and Dismissing in Part Petition to Extend Deadlines
Maine Judicial Branch Reinstates Face Mask Requirement for All Courthouse Visitors
Date: 8/17/2021
The Maine Judicial Branch announced today that due to an increase in the number of infections statewide, the Supreme Judicial Court has issued a revised Post-Pandemic Management Order (PPMO) effective August 16, 2021 reinstating the requirement for all visitors to wear a face covering or mask at all times while in a courthouse regardless of vaccination status. Any person who refuses to wear a face covering will be refused entrance and provided with a contact number for assistance. The requirement to wear a face covering in public indoor settings is in accordance with Maine CDC recommendations.
The Judicial Branch reminds visitors that regardless of vaccination status, visitors may not enter a courthouse or other Judicial Branch facility if they:
Individuals who are unable to enter a courthouse because they have COVID-19, are experiencing COVID-19 symptoms, or who have not been fully vaccinated but refuse to wear a face covering, should call 207-753-2999 for assistance.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
SJC invites comments on proposed amendments to appellate rules to recognize the implementation of electronic filing, expedite appeals from juvenile bind-over determinations, and clarify the confidentiality of briefs and appendices
Date: 8/20/2021
Comments must be filed by 4:00 p.m. on Tuesday, September 7, 2021
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Appellate Procedure to clarify the process in appeals from cases subject to electronic filing and case-management in the trial court; to expedite appeals from juvenile bind-over decisions; and to clarify the confidentiality of certain briefs and appendices. The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Tuesday, September 7, 2021. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: August 20, 2021
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04112-0368
(207) 822-4146
Supporting documents
State Court Administrator Extends Summer Hours
Date: 9/2/2021
The State Court Administrator has recently announced that until further notice, courts will continue to be open to the public Monday through Friday, from 8 a.m. to 4 p.m., with the exception of holidays, administrative weeks, and closings due to storms or other emergencies.
If traveling to a courthouse, you are advised to call the clerk's office or check the closings and alerts page of the Maine Judicial Branch website.
SJC invites comments on proposed amendments to the Maine Rules of Civil Procedure to govern Title 19-A petitions to terminate parental rights and placements of children in residential treatment programs. Comments due Sept. 23, 2021.
Date: 9/9/2021
Comments must be filed by Thursday, September 23, 2021
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Civil Procedure to establish procedures for petitions to terminate parental rights filed pursuant to 19-A M.R.S. § 1658, see P.L. 2021, ch. 340, § 2 (effective Oct. 18, 2021) and for review, pursuant to 22 M.R.S. § 4038(8)-(10), see P.L. 2021, ch. 210 (effective Oct. 18, 2021), of a child's placement in a qualified residential treatment program when the child is in the custody of the Department of Health and Human Services. The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, September 23, 2021. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: September 9, 2021
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04112-0368
(207) 822-4146
Supporting documents
Maine Judicial Branch Announces Expansion of Remote Court Proceedings
Date: 10/1/2021
The Maine Judicial Branch has announced that, effective October 4, 2021, the preferred format for most court proceedings in all Maine trial courts will be by telephone or video.
Administrative Order JB-21-05 ("Order") provides that unless the presiding judicial officer specifically orders otherwise, the following court proceedings will be held remotely by telephone or video:
The Order provides details on how litigants and attorneys are to comport themselves in remote proceedings and provides the same process as was provided pre-pandemic to allow for public and media access to remote non-confidential proceedings.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Administrative Order JB-21-05 (PDF)
SJC adopts amendments to Maine Rules of Civil Procedure
Date: 10/7/2021
The SJC has adopted amendments to the Maine Rules of Civil Procedure governing petitions to terminate parental rights under Title 19-A and reviews of placement of children in qualified residential treatment programs
Supporting documents
SJC adopts amendments to the Maine Rules of Appellate Procedure
Date: 10/8/2021
The SJC has adopted amendments to the Maine Rules of Appellate Procedure regarding appeals in cases from trial courts that use electronic case management and filing; types of Track A appeals; and confidentiality of information.
Supporting documents
The Supreme Judicial Court invites comments on proposed amendments to the Maine Bar Admission Rules to discontinue the use of the word "handicap" pursuant to recent legislation.
Date: 11/19/2021 - 12/4/2021
Comments must be filed by Friday, December 3, 2021
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Bar Admission Rules to discontinue the use of the word "handicap" pursuant to P.L. 2021, ch. 348, § 58. The proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, December 3, 2021. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: November 19, 2021
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04112-0368
(207) 822-4146
Supporting documents
Expansion and Renovation of the Historic Oxford County Courthouse
Date: 12/20/2021
The Maine Judicial Branch announced today that a video slideshow and information on the historic Oxford County Courthouse expansion and renovation project is available to be viewed on the Judicial Branch website. The newly-constructed addition and renovation have been open to the public since completion in 2020.
In a message recognizing completion of the project, Supreme Judicial Court (SJC) Chief Justice Valerie Stanfill said, "We had hoped to hold an in-person event this year to celebrate completion of the project, but are taking safety measures to reduce the spread of COVID-19. Still, we would like to acknowledge the vision, planning, and hard work that has culminated in this new facility, which represents a significant enhancement to access to justice for the residents of Oxford County. We would like to thank Governors LePage and Mills, former and current legislators, administrators, and officials representing Oxford County and the Town of South Paris, and of course the Oxford County Court Facilities Project team, headed by State Court Administrator Ted Glessner and former SJC Chief Justice Leigh Saufley for their work on and support of the project."
Oxford County Courthouse Project from Maine Judicial Branch on Vimeo.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
The SJC invites comments on proposed amendments to the Maine Bar Rules that will require Maine attorneys to maintain an email address for electronic service of documents.
Date: 12/22/2021
Comments must be filed by Wednesday, January 5, 2022
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Bar Rules that will require every Maine attorney to maintain an email address to receive electronic service of documents and will require the Board of Overseers to include that email address with the information on each attorney in its roster of attorneys. The proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Wednesday, January 5, 2022. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: December 22, 2021
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Judicial Branch Reminds Visitors to Check the "Active Alerts" Link on Its Website Before Traveling to a Courthouse
Date: 1/10/2022
Pandemic-related staffing issues may cause courthouses to close to the public on little or no notice
The Maine Judicial Branch is advising the public that the resurgence of the COVID-19 virus has affected staffing levels at its courthouses and may cause a courthouse to close to the public on little or no notice.
Since the start of the pandemic, the Judicial Branch has posted information on the courts' response to COVID-19 on www.courts.maine.gov, and has reminded the public to check the "Courts Alerts" page before traveling to a courthouse. Courts Alerts information can be found by clicking on a link on an orange banner that is visible at the top of every webpage.
Courthouse visitors may also call the clerks office before traveling to court to confirm that the court proceeding or docket has not been canceled or rescheduled because of inclement weather or pandemic-related staffing issues. Contact information for district and superior court clerks offices may be found on the Courts section of the website here: https://www.courts.maine.gov/courts/index.html.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Judicial Branch Awarded Grant to Establish Adult Drug Treatment Courts in Six Maine Counties
Date: 1/28/2022
The Maine Judicial Branch announced today that it has been awarded two four-year grants totaling $1.1 million from the U.S. Department of Justice to establish and run Adult Drug Treatment courts in Judicial Regions 3 (Oxford and Franklin counties) and 6 (Lincoln, Knox, Waldo, and Sagadahoc counties). Grant funds will be used to pay for treatment, case management, random drug testing, peer mentoring, and other related services for high-risk individuals who have been convicted of serious crimes.
"The treatment courts will follow the evidenced-based best practice standards of the National Association of Drug Court Professionals," said Anne H. Jordan, Judicial Branch Manager of Criminal Process and Specialty Dockets. District Attorneys Andrew Robinson (Oxford and Franklin counties), Natasha Irving (Lincoln, Knox, Waldo, and Sagadahoc counties), trained criminal defense counsel, Judicial Branch Coordinator of Specialty Dockets Richard Gordon, and Elizabeth Simoni from Maine Pretrial Services, along with assigned District Court Judges John Martin and Tammy Ham-Thompson, are in the planning process to launch the courts. It is expected that the courts will be up and running by March 2022.
These grant funds will now allow the Maine Judicial Branch to operate Adult Drug Treatment Courts in 15 of the 16 counties in Maine.
A recent analysis and study of Maine's existing Adult Drug Treatment Courts found the courts to be very effective, reducing recidivism rates by more than half compared to similarly situated individuals. The report can be found at: https://www.courts.maine.gov/about/reports/adtc-evaluation-report-2020.pdf.
Information on treatment courts can be found on the National Association of Drug Court Professionals here: https://www.nadcp.org/.
More information on Maine Treatment Courts can be found on the Maine Judicial Branch website here: https://www.courts.maine.gov/courts/treatment/index.html.
Supporting documents
Judicial Branch Expanding ShareFile Pilot Program to All York County Courts
Date: 2/8/2022
The Maine Judicial Branch announced today that a pilot program using the Citrix ShareFile platform for attorneys to send filings in criminal cases that began on January 18, 2022 will soon be expanded to all courts in York County. The pilot was launched initially in York County Superior Court in Alfred and will be expanded to criminal, civil violation, and juvenile case filings in York County district courts in Biddeford, Springvale, and York beginning February 11, 2022.
Administrative Order JB-21-06 ("Order"), issued on January 6, 2022 set forth the scope and process for the pilot program, which allows attorneys in these types of cases to submit filings to the court via a dedicated email address using the Citrix ShareFile platform (Pilot). ShareFile is a secure conduit by which pleadings and other filings may be submitted to the court instead of using the U.S. Postal System or filing in person.
Commenting on the expansion, Supreme Judicial Court Chief Justice Valerie Stanfill said, Reports from the York County Superior Court in Alfred indicate that after three weeks, the ShareFile Pilot is running very smoothly. We have listened to the feedback from attorneys and parties requesting more filing options during the COVID-19 epidemic and are excited to expand the Pilot to respond to the need of the legal community and court users.
The Judicial Branch will continue to evaluate the success of the Pilot for possible expansion to other courts in the state in the coming months.
More information on the Pilot and a link to the Opt-In form for attorneys is available on the Judicial Branch website's York County ShareFile Pilot page.
Contact: Amy Quinlan, Esq., Director of Court Communications
Phone: (207) 822-0716
Email: amy.quinlan@courts.maine.gov
Supporting documents
Guardian ad Litem Core Training scheduled March 28th through April 1st
Date: 2/9/2022
The Maine Judicial Branch, in collaboration with the Maine State Bar Association, is happy to announce the next Guardian ad Litem Core Training. Completion of this training is required to become a rostered guardian ad litem. The training will be entirely virtual and will be held during the spring administrative week, March 28, 2022 to April 1, 2022. For more information and to access the application, please visit the Information for Guardian ad Litem page.
Maine Judicial Branch Removes Mask Requirement for Most Courthouse Areas
Date: 3/14/2022
Masks are no longer required in Judicial Branch facilities except for smaller rooms where a masking requirement is posted.
The Maine Judicial Branch announced today that it has lifted masking requirements for its facilities because of revised CDC recommendations and the latest COVID-19 community transmission rates, which continue to decrease. Masks may be required in smaller rooms where a requirement to wear a mask is specifically posted. 3-ply masks will be available from Judicial Marshals at courthouse entry screening.
The change in COVID-19 protocols is reflected in a revised Post-Pandemic Management Order-SJC-1, effective March 14, 2022 (PPMO-SJC-1). Other than the change in the mask requirement, all other COVID-19 protocols remain in effect, including:
Although masks will not be required as of today, visitors and Judicial Branch staff may, of course, wear masks if they wish.
Supporting documents
Chief Justice Valerie Stanfill Delivers State of the Judiciary
Date: 3/15/2022
Chief Justice Valerie Stanfill delivered her State of the Judiciary address to the Presiding Officers of the 130th Maine State Legislature today. Due to COVID-19 restrictions on public gatherings, the speech was recorded and delivered in video and written formats. Chief Justice Stanfill spoke from the ceremonial courtroom in the Kennebec County courthouse in Augusta.
The written address may be viewed here and the video may be viewed below or at https://vimeo.com/688402133.
Maine State of the Judiciary 2022 from Maine Judicial Branch on Vimeo.
Supporting documents
Maine Judicial Branch Launches Referee Program to Tackle Family and Civil Case Backlog
Date: 3/23/2022
The Maine Judicial Branch announced today that it has started accepting certain family matters and non-jury civil cases into a new referee program with the aim of reducing the backlog of cases that has accumulated during the COVID-19 pandemic.
All referees appointed under this program will be paid by the court. The referee program will utilize the expertise of recently retired Judicial Branch judicial officers who will conduct settlement conferences and hearings, generally via the Zoom video platform. Initially, the program will prioritize family cases in which both sides have attorneys. The goal is to add capacity in the short-term to assist the Judicial Branch in addressing the backlog without adding work to existing Judicial Branch personnel.
More information on the program can be found in Administrative Order JB-22-03 (A. 3-22), available on the Judicial Branch's website.
Supporting documents
SJC invites comments on proposed amendments to the Maine Rules of Civil Procedure regarding default and default judgments
Date: 4/7/2022
Comments must be filed by Thursday, April 21, 2022
The Maine Supreme Judicial Court invites comments on proposed amendments to Rule 55 of the Maine Rules of Civil Procedure regarding defaults and default judgments. The proposed amendments are intended to require notice to the defendant of a request for entry of default or default judgment; to limit the authority of clerks to enter defaults and default judgments; and to bring the rule into compliance with An Act to Improve the Efficiency of Certain Consumer Credit Protection Laws, P.L. 2021, ch. 245 (to be codified at 32 M.R.S. §§ 11019-11021). The proposed amendments are available on the Court's website at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, April 21, 2022. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: April 7, 2022
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
UPDATED: Law Court invites amicus briefs regarding a criminal defendant's right to a speedy trial under the Maine Constitution
Date: 6/15/2022
Updated June 15, 2022, to change due date for amicus briefs because of enlargement of time for appellee's brief after appellant's brief and appendix were rejected.
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of Dennis Winchester v. State of Maine, Law Court docket number Aro-21-312. Winchester appeals from the Unified Criminal Docket's denial of his petitions for post-conviction review. Winchester argues that his attorneys in the original criminal proceedings provided ineffective assistance of counsel by failing to pursue his speedy-trial claims before the trial court and by failing to argue the speedy-trial issues on appeal. The Court has granted Winchester's request for a certificate of probable cause as to two of Winchester's prior attorneys.
A defendant's right to a speedy trial is guaranteed by both the Maine Constitution and the United States Constitution. See Me. Const. art. I, § 6; U.S. Const. amend. VI. The Law Court has adopted the "primacy approach," which is a policy of judicial restraint [that] moves [it] to forbear from ruling on federal constitutional issues before consulting our state constitution. State v. Cadman, 476 A.2d 1148, 1150 (1984) (citations omitted). In light of that approach, the Court invites amicus briefs on the merits of the petitioner's underlying speedy trial claims, which should address the following:
The trial court's decision and Winchester's memorandum in support of his request for a certificate of probable cause are available at the links below. Winchester's brief and the appendix will be posted below when they are filed.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before August 16, 2022. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single native or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: April 14, 2022
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Supporting documents
Memorandum in support of request for certificate of probable cause
Judicial Branch Expanding ShareFile Pilot Program to Aroostook, Hancock, and Washington County Courts
Date: 4/15/2022
The Maine Judicial Branch announced today that the online file exchange pilot program in York County using Citrix ShareFile, is being expanded to all courts in Aroostook, Hancock, and Washington Counties. Prosecuting and defense attorneys will be able to use the ShareFile platform to submit filings in criminal, civil violation, and juvenile cases starting April 19, 2022. Filings will also continue to be accepted by traditional means, by U.S. Postal System or by filing in person.
Administrative Order JB-21-06 ("Order"), revised April 1, 2022, describes the process for attorneys to register and use ShareFile to submit pleadings and other filings with the court. Beginning April 19, the courts using ShareFile include district courts in Biddeford, Springvale, and York (Region 1); Ellsworth, Calais, and Machias (Region 7); Caribou, Fort Kent, Presque Isle, Houlton, and Madawska (Region 8); and superior courts in Aroostook, Hancock, and Washington counties. The Order states that after a reasonable period of use in Regions 7 and 8, the program will be evaluated for further expansion into other areas of the state.
More information and a link to the Opt-In form for attorneys is available on the ShareFile page.
Supreme Judicial Court to Hold Oral Arguments at Local High School for the First Time Since 2019
Date: 5/3/2022
The Maine Supreme Judicial Court sitting as the Law Court will return to its practice of holding oral arguments at Maine high schools in May. Oral arguments will be held at additional schools in October.
On Wednesday, May 11, beginning at 9:00 a.m., the Court will visit Biddeford High School to hear arguments in three appeals for the first time since before the COVID-19 pandemic. Senator Susan Deschambault and Speaker of the House Ryan Fecteau invited the Law Court. The three cases are scheduled to begin at 9:15 a.m., 10:05 a.m., and 10:55 a.m.
Students receive copies of the legal briefs submitted in the case before the oral argument takes place. After each argument, the lawyers stay to answer questions from interested students.
Beginning in 2005, the Law Court has held oral arguments in actual appeals at 40 Maine high schools around the state. In each school, the gymnasium, cafeteria, or auditorium is turned into a courtroom for the morning so that the students can observe the appellate process. When the cases are decided, the schools receive a link to the decisions to share with the students.
Chief Justice Valerie Stanfill said, "We hope that providing real-time exposure to the court system-the third branch of governmentadds to students' civics education and gives them a sense of how our justice system works. The practice of appellate law is rarely seen on television or in the movies. Creating a courtroom environment in a high school takes great effort on the part of the school administration and staff and we appreciate their efforts. We enjoy getting out of the courtroom and into the community."
The press is welcome to attend. The case schedule has been posted on the Courts website here.
Live audio streaming of these cases, and all other Supreme Judicial Court oral arguments, is available here.
If interviews or photographs are desired while the Court is at the schools, please contact Julie Finn beforehand at the above email address to schedule an interview. Photographs and video of students are subject to the rules of the high school, and the press is requested to contact school officials directly.
Supporting documents
Law Court to Hold Oral Arguments in the CMP Corridor Cases on May 10, 2022
Date: 5/6/2022
The Maine Supreme Judicial Court, sitting as the Law Court, will hold oral arguments in Russell Black et al. v. Bureau of Parks and Lands et al. and NECEC Transmission LLC et al. v. Bureau of Parks and Lands et al. on Tuesday, May 10, 2022, beginning at 1:30 p.m., in Courtroom 12 of the Cumberland County Courthouse in Portland.
The Court will stream live video of this case on the Court's regular streaming page at https://www.courts.maine.gov/courts/sjc/arguments-stream.html.
At this time, maximum capacity limits are being observed in the courtroom due to COVID-19 protocols. Given the number of parties and press personnel who are expected to attend, space in the courtroom for members of the public will be limited. Members of the public are encouraged to watch the live video stream of the arguments.
Members of the press are reminded to complete a Media Request Form and submit the completed form to the Supreme Judicial Law Clerks Office, by email to lawcourt.clerk@courts.maine.gov, by 4:00 p.m. on Monday, May 9.
For more information on the cases, please visit the high profile web pages at https://www.courts.maine.gov/news/black/index.html and https://www.courts.maine.gov/news/necec/index.html.
Contact: Matt Pollack, Esq., Clerk of the Law Court
Phone: (207) 822-4146 (office)
Email: lawcourt.clerk@courts.maine.gov
Supporting documents
Maine Bar Rules to Require Lawyers to Provide an Email Address When Registering
Date: 5/17/2022
The Supreme Judicial Court announced today that amendments to the Maine Bar Rules will require all active lawyers to provide a single email address for electronic service in their annual registrations with the State of Maine Board of Overseers of the Bar ("the Board"). Annual registration statements may be filed online beginning July 1, 2022. Email addresses must be provided by the close of the registration period on August 31, 2022.
Amended Rule 4(a) provides that
Every lawyer admitted to active practice in Maine shall provide as part of the annual registration process required by Rule 4(b) an active, current email address for electronic service that will be used by other parties and the courts for electronic service of documents, notices, and any other records through any electronic court systems implemented by the Maine Judicial Branch and shall notify the Board immediately of any change in that address.
Users of eFileMaine, the Judicial Branch's electronic filing system, have been required to provide a service email address when filing documents in cases electronically since November 2020 when eFiling was implemented in Bangor courts and the statewide Business and Consumer Docket for most types of civil cases. The email address that lawyers will provide to the Board pursuant to the amended bar rules will be available in the EFS for lawyers to search and select the opposing counsel for electronic service. This address will be listed in the "Public Service Contact List," an email directory within the EFS, enabling lawyers to easily serve each other. Users of the EFS, including lawyers on the Public List, will continue to have the ability to identify additional specific service contacts from their firm for each case.
Attorneys with questions on this change may contact the Board or the electronic courts help team at the Maine Judicial Branch at ecourtshelp@courts.maine.gov.
For more information on eFileMaine and Maine eCourts, please visit the Judicial Branchs website here: www.courts.maine.gov/ecourts.
Supporting documents
Judicial Branch ShareFile Program Expanding to More Courts
Date: 5/20/2022
The Maine Judicial Branch announced today that the number of courts using the online file exchange program, Citrix ShareFile, continues to grow. Last month, district and superior courts in Region 7 and 8, (Hancock, Washington, and Aroostook counties) began accepting filings in criminal, civil violation, and juvenile cases using the program, joining the superior court and district courts in Region 1 (York County). Filings will also continue to be accepted by traditional means, i.e., by filing in person or via the U.S. Postal Service. Courts in Region 2 (Cumberland County) are scheduled to begin accepting filings on May 23. Attorneys and legal assistants may watch a short video on how to register at: https://www.courts.maine.gov/courts/sharefile/index.html and may pre-register now.
ShareFile was launched as a pilot program in January 2022. It will continue to be evaluated to assess its efficacy and may be expanded to additional courts if warranted. See Administrative Order JB-21-06, Order Regarding Using ShareFile Pilot (revised effective May 23, 2022).
Supporting documents
Maine Justice Foundation Seeks Applications for the Access to Justice Tax Credit Program
Date: 5/25/2022
The Maine Justice Foundation announced the rollout of the Access to Justice Tax Credit Program today. The program will authorize five lawyers per year who practice in underserved areas and maintain eligibility to claim a $6,000 state income tax credit. To be eligible, attorneys must commit to practicing law in an underserved area for at least five years, must be rostered by the Maine Commission on Indigent Legal Services to accept court appointments to represent clients in an underserved area, and must agree to perform pro bono legal services in an underserved area. The Foundation will accept applications from June 1- July 5, 2022.
For more information, please see the Maine Justice Foundation's program announcement.
SJC invites comments on proposed amendments to the Maine Bar Admission Rules regarding board officers and MPRE requirement
Date: 5/26/2022
Comments must be filed by Thursday, June 9, 2022
The Maine Supreme Judicial Court invites comments on proposed amendments to Rules 3(c) and 11(d) of the Maine Bar Admission Rules. The proposed amendments are intended to establish a vice-chair position on the Board of Bar Examiners and to require an applicant to have passed the MPRE within 15 years prior to the date on which the applicant is admitted to the bar rather than the date on which the application for admission is filed. The proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, June 9, 2022. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: May 26, 2022
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Revised Court Fees Schedule JB-05-26 (A. 6-22) in effect June 1
Date: 5/27/2022
Administrative Order JB-05-26 (A. 6-22) Revised Court Fees Schedule and Document Management Procedures, effective June 1, 2022, is now available on the court's website.
This Order amends JB-05-26 as amended by A. 2-21.2, promulgated and effective February 11, 2021.
Please see the Court Fees page at www.courts.maine.gov/forms/fees.
UPDATED: SJC invites comments on proposed amendments to several provisions of the Maine Rules of Appellate Procedure
Date: 6/15/2022
Proposed amendments updated on June 14, 2022, to correct the proposed amendment to M.R. App. P. 7A(g)(2) to show the deletion of "and quotations" from current rule.
Proposed amendments to the
Maine Rules of Appellate Procedure
regarding signatures; appearances of counsel;
effect of post-judgment motions; cross-appeals;
briefing schedules; briefs; electronic filing;
and supplemental legal authorities after briefing
Comments must be filed by Friday, July 1, 2022
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Appellate Procedure that would adopt Rule 1C and amend Rules 2A(b), 2B(b)-(c), 2C(a)(1), 7(b)(1), 7A(a), (g), (j), and 10. The proposed amendments are intended to
The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, July 1, 2022. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: June 10, 2022
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Proposed amendments (as updated June 14, 2022)
Maine Judicial Branch Welcomes Summer Interns
Date: 6/24/2022
The Maine Judicial Branch has welcomed three interns from the University of Maine's 2022 Maine Government Summer Internship Program. The interns are working with staff at the Administrative Office of the Courts (AOC) on special projects that will help utilize and deepen their research and analytical skills - including a project to build a data warehouse of Judicial Branch financial data and a study that will compare compensation levels for specific positions in the Judicial Branch with comparable positions in similar organizations. The students will spend approximately 12 weeks at the Judicial Branch, based at the AOCs Portland office. The Judicial Branch looks forward to the contributions of these exceptional students.
Ashley OBrien
Ashley is a rising junior at the College of the Holy Cross in Worcester, Massachusetts pursuing a double major in Economics and Psychology. She is passionate about wellness, volunteering, and mental health. Outside of school, she enjoys playing ultimate frisbee, reading, and practicing photography.
Keying Jiang
Keying is a rising junior at Brandeis University majoring in Economics and International Studies. Her academic interests include development economics and global justice. She comes from Guangzhou, China, and has lived in Maine for three years. In her spare time, she loves exploring Maines natural attractions and cooking for her family and friends.
Nathan Couture
Nathan is a student at the University of Southern Maine in Portland majoring in Finance. Nathan is from Manchester, Maine and in his spare time enjoys listening to CDs while drawing in his sketchbook.
Supporting documents
Maine Judicial Branch ShareFile Program Expanding Statewide
Date: 6/28/2022
The Maine Judicial Branch announced today that beginning July 5, 2022, all Judicial Branch district and superior courts will accept court filings in certain case types using the Citrix ShareFile platform. After signing up with the Judicial Branch, attorneys will be able to submit pleadings and other filings in criminal, juvenile, and civil violation cases.
ShareFile began as a pilot project in January 2022 in York County Superior Court. After a positive reception from attorney users and court clerks, ShareFile was expanded to courts in York, Aroostook, Washington, Hancock, and Cumberland counties. Beginning July 5, attorneys and firms will be able to use the platform in all Judicial Branch district and superior courts statewide. Filings will also continue to be accepted by traditional means, i.e., by filing in person or via the U.S. Postal Service.
The ShareFile pilot began in response to the strain placed on attorneys and the courts because of the COVID-19 pandemic. The Judicial Branch will continue to evaluate ShareFile for possible future expansion to additional case types and users.
To use ShareFile, attorneys and legal assistants must submit the Opt-In form available on the Judicial Branch website. A short training video for ShareFile is also available.
See Administrative Order JB-21-06 (A. 7-22), Order Regarding Filing Using ShareFile Pilot.
Supporting documents
Maine Judicial Branch Warns about Court-related Scam Calls
Date: 7/1/2022
The Maine Judicial Branch is warning people today about scam calls falsely claiming to come from law enforcement demanding that the recipient pay money to clear an "outstanding warrant" for purportedly having missed a court date.
Judicial Branch personnel and law enforcement never call and request personal or financial information or money over the telephone or threaten recipients who don't comply.
Maine people are advised to be very cautious in responding to such calls. Never send money or provide personal or financial information in response to a telephone call or email unless you have verified the identity of the caller independently.
Supporting documents
SJC adopts amendments to the Maine Rules of Appellate Procedure
Date: 7/13/2022
The SJC has adopted amendments to the Maine Rules of Appellate Procedure governing signatures; representation on appeal; time to file notice of appeal; time for filing briefs; Track A appeals; contents of briefs; and electronic filing of motions.
Supporting documents
Order amending rules (2022 Me. Rules 03)
SJC invites comments on proposed amendments to the Maine Rules of Civil Procedure regarding prehearing procedure, orders relating to real estate, and abstracts of divorce in family matters. Comments due by August 16, 2022.
Date: 8/2/2022
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Civil Procedure that would (1) amend Rule 110B regarding the prehearing procedure for family cases involving no minor children and (2) adopt Rule 114A to require judgments of divorce to include separate real estate orders and to govern abstracts of divorce. The Court also invites comments on a proposed form real estate order.
The proposed amendments and the proposed real estate order are available at the links below
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Tuesday, August 16, 2022. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: August 2, 2022
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Proposed form real estate order
SJC invites comments on proposed amendments to the Maine Bar Rules regarding transcripts and release of information to law enforcement and the Maine Assistance Program for Lawyers and Judges. Comments due by August 16, 2022.
Date: 8/2/2022
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Bar Rules that would (1) amend Rules 13(g)(3) and 14(a)(7) to clarify that any party who desires a transcript must obtain them from the preparer of the transcript and (2) amend Rule 18(g) to permit Bar Counsel to provide relevant information to law enforcement when a complaint accuses an attorney of a crime or to the Director of the Maine Assistance Program for Lawyers and Judges when Bar Counsel determines that a lawyer should be contacted concerning that program.
The proposed amendments are available at the links below
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Tuesday, August 16, 2022. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: August 2, 2022
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Maine Justice Foundation Announces Access to Justice Tax Credit Awards for 2022
Date: 8/17/2022
The Maine Justice Foundation announced the 2022 recipients of a tax credit from the Access to Justice Tax Credit Program. To encourage lawyers to provide services to underserved areas of the State, the Legislature enacted the Access to Justice Tax Credit Program.
Read MJF's press release: https://justicemaine.org/uncategorized/maine-justice-foundation-awards-grants-to-seven-maine-groups-working-for-racial-justice-and-equity/.
Law Court invites amicus briefs regarding preclusive effect of judgment in favor of mortgagor on future actions to enforce a promissory note and mortgage
Date: 8/23/2022
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of J.P. Morgan Acquisition Corp. v. Camille Moulton, Law Court docket number Oxf-21-412. J.P. Morgan Acquisition Corp. appeals from a judgment entered by the Superior Court on J.P. Morgan's foreclosure action against Moulton. The Superior Court determined that J.P. Morgan failed to comply with the provisions of 14 M.R.S. § 6111, which requires a mortgagee to provide a mortgagor with a notice of default and right to cure before bringing a foreclosure action, and entered a summary judgment in favor of Moulton. As part of the judgment, the Superior Court declared that Moulton holds title to the real property at issue, unencumbered by the mortgage and promissory note.
The Court invites amicus briefs on the following issues:
The parties briefs and the appendix are available at the links below.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before September 27, 2022. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: August 23, 2022
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Supporting documents
Law Court invites amicus briefs regarding the right of an accused under Maine law and the Maine Constitution to notice of the right to counsel before being interrogated while in custody
Date: 9/13/2022
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of State of Maine v. Derric McLain, Law Court docket number Pen-21-256. McClain appeals from his criminal conviction on the basis, inter alia, that the trial court erred in denying his motion to suppress statements he made while in custody. Specifically, after McLain was brought to jail for questioning, he was given a warning consistent with Miranda v. Arizona, 384 U.S. 436, 465 (1966), immediately after which the following colloquy took place:
Agent: Now, having all those rights which I explained to you in mind, do you wish to answer questions at this time?
McLain: Depends on the questions.
Agent: Well, I mean, it's . . . Yes or no? I know "it depends" but, I--I--I understand that, but, thats what I, you know, thats why I read you your rights.
McLain: Is there a lawyer here?
Agent: No.
McLain: What do you want . . . what, what questions?
A brief discussion ensued about the charges and warrants, after which an agent again asked whether McLain wanted to answer questions, McLain responded, That depends, obviously, and two agents then immediately asked McLain substantive questions about drug use and trafficking.
The Law Court recently summarized the status of Maine law with respect to Miranda in general in State v. Athayde, 2022 ME 41, ¶ 37 n.7, 277 A.3d 387:
In applying article I, section 6 of the Maine Constitution, we have not, to date, made the delivery of Miranda warnings a requisite for a statement made in a custodial interrogation to be admissible. See State v. McKechnie, 1997 ME 40, ¶ 7 n.1, 690 A.2d 976 (citing State v. Gardner, 509 A.2d 1160, 1162-1163 (Me. 1986)). That said, informing (or not informing) defendants of their right against self-incrimination has always been considered an important factor under Maine law in assessing the voluntariness of their statements or testimony. See State v. Gilman, 51 Me. 206, 225 (1862) ("Great care should undoubtedly be taken to protect the rights of the accused. . . . He should be fully informed of his legal rights, when called upon or admitted to testify as a witness in a matter in which his guilt is involved."); id. at 223-24 ("[W]hen [a defendant] is fully apprised of his rights, and informed that he is under no legal obligation to disclose any facts prejudicial to himself, or to give evidence against himself, and then deliberately makes statements under oath, no good reason is perceived why such statements should not be given in evidence against him. He may testify as freely as he may speak."). A purpose of Miranda warnings is, notably, to counteract the presumptively coercive context of custodial interrogation. See Miranda, 384 U.S. at 467-469; Duckworth v. Eagan, 492 U.S. 195, 202, 109 S. Ct. 2875, 106 L. Ed. 2d 166 (1989); Salinas v. Texas, 570 U.S. 178, 184-85, 133 S. Ct. 2174, 186 L. Ed. 2d 376 (2013). It follows, therefore, that the recitation of the defendant's rights followed by waivers are cogent factors supporting the conclusion that a confession is voluntary. See State v. Akers, 2021 ME 43, ¶ 47, 259 A.3d 127 (listing "the recitation of Miranda warnings" as one consideration in the totality of the circumstances to be considered in assessing the voluntariness of a defendant's statement (quotation marks omitted)).
The Law Court has adopted the "primacy approach," which is a policy of judicial restraint to forbear from ruling on federal constitutional issues before consulting our state constitution. State v. Cadman, 476 A.2d 1148, 1150 (1984) (citations omitted). In light of that approach, the Court invites amicus briefs responsive to the following questions:
The parties initial appellate briefs, the appendix, and the recording of the oral argument that was held in May 2022 are available at the links below.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before October 18, 2022. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single native or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: September 13, 2022
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Recording of May 2022 oral argument:
Supporting documents
Appellant's brief with appendix (redacted)
SJC invites comments on proposed amendments to Rule 110A of the Maine Rules of Civil Procedure regarding authority of Family Law Magistrates to issue interim orders. Comments due by October 7, 2022.
Date: 9/23/2022
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Civil Procedure that would amend subdivisions (a) and (b)(4)(A) of Rule 110A to authorize Family Law Magistrates to issue interim orders with or without the consent of the parties. The current rule authorizes Family Law Magistrates to issue interim orders only with the consent of the parties.
The proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, October 7, 2022. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: September 23, 2022
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Supreme Judicial Court to Hold Oral Arguments at Two Local High Schools
Date: 9/26/2022
The Supreme Judicial Court will hold court and hear six cases at two Maine high schools early next month.
On Tuesday, October 4, beginning at 9:00 a.m., the Court will visit Oxford Hills Comprehensive High School to hear arguments in three appellate cases. Representative Sawin Millett extended the invitation to the Law Court. A second case will be heard at 9:50 a.m. and the third case at 10:40 a.m.
The Court will hear three appeals at Leavitt Area High School on Wednesday, October 5 at the invitation of Senator Jeffrey Timberlake. The Court will follow a similar schedule with the first oral argument starting at 9:00 a.m., the second at 9:50 a.m., and the third at 10:40 a.m.
Students receive copies of the briefs in advance and, after each argument, the lawyers stay to answer questions from interested students.
Beginning in 2005, the Court has held oral arguments in actual appellate cases at 40 Maine high schools around the state. In each school, the gymnasium, cafeteria, or auditorium is turned into an actual courtroom for the morning so that the students can observe the appellate process. When the cases are decided, the schools receive a link to the decisions to share with the students.
Chief Justice Valerie Stanfill said, "We hope that providing real-time exposure to the third branch of government supplements the students' civics education and exposes Maine learners to the concept of justice. The practice of appellate law is rarely seen on television or in the movies. Creating a courtroom environment in a high school takes great effort on the part of the school administration and staff and we appreciate their extensive efforts. And we enjoy getting out of the courtroom and into the community."
The press is welcome to attend. The case schedule has been posted on the Courts website here.
Live audio streaming of these cases, and all other Supreme Judicial Court oral arguments, is available here.
If interviews or photographs are desired while the Court is at the schools, please contact Julie Finn beforehand to schedule an interview at the above email address. Photographs and video of students are subject to the rules of the high school, and the press is requested to contact school officials directly.
Contact: Julie Finn, Esq., Legislative Analyst Phone: (207) 822-0767 (office) Email: Julia.Finn@courts.maine.gov
Supporting documents
SJC invites comments on proposed amendments to the Maine Rules of Civil Procedure regarding mediation in collection actions brought against a consumer. Comments due by October 26, 2022.
Date: 10/12/2022
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Civil Procedure that would create a new subdivision (g) of Rule 92, to govern mediation in collection actions brought against a consumer by a debt buyer or by a debt collector to collect a credit card or student loan debt, see 32 M.R.S. §§ 11002(1-A), (3), (5-A), (6), 11019(1), 11020(1) (2022), and would redesignate current subdivision (g) as subdivision (h).
The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Wednesday, October 26, 2022. Comments may be in writing, mailed or delivered to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: October 12, 2022
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Law Court invites amicus briefs regarding whether the title "Warranty Deed" by itself conveys real property with warranty covenants
Date: 10/12/2022
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the proceedings on a certified question from the United States District Court for the Western District of Washington in Steven Kneizys v. Federal Deposit Insurance Corporation et al., Law Court docket number Fed-22-73. The question certified raises an issue of first impression under Maine Law. Before answering the certified question, the Law Court seeks input from interested persons and entities and members of the Bar on the following question:
Whether the title "Warranty Deed" on a deed is sufficient by itself to convey real property with any warranty covenants when the body of the deed does not include any warranty covenant language, either in full form or in abbreviated form as permitted by the Short Form Deeds Act, 33 M.R.S. §§ 761-775 (2022).
The parties' briefs and the appendix are available at the links below.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before November 16, 2022. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: October 12, 2022
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Supporting documents
Judicial Branch Invites Members of the Public to Sign Up to Receive Supreme Judicial Court Opinions and Notices
Date: 11/16/2022
The Maine Judicial Branch announced today that it has established a public service that will send emails with links to opinions, memorandum decisions, orders, and notices from the Supreme Judicial Court (SJC). The SJC publishes opinions and a list of recent memorandum decisions as often as twice a week and publishes other orders and notices when they are issued on the Judicial Branch website at www.courts.maine.gov.
The orders that the SJC issues govern the operations of the Judicial Branch and include administrative orders, orders adopting amendments to court rules, and orders appointing members of committees. The notices that it issues include invitations for amicus or "friend of the Court" briefs in cases before it and invitations for comments on proposed amendments to court rules or other matters under consideration by the Judicial Branch.
To receive emails with links to the SJC's decisions, orders, and notices, and with short summaries of the published opinions, go to https://www.courts.maine.gov/news/signup.html and enter your email address and name. In addition to signing up for SJC decisions, orders, and notices, you can sign up for other news from the Judicial Branch.
Contact: Matt Pollack, Clerk of the Supreme Judicial Court
Phone: 207-822-4146
Email: matt.pollack@courts.maine.gov
Supporting documents
York County District Court Bench Schedules Family Law Bench/Bar Meeting Dec. 12th
Date: 12/8/2022
TO: FAMILY LAW BAR
FROM: YORK COUNTY DISTRICT COURT BENCH
RE: BENCH/BAR MEETING
The York County District Court Bench is scheduling a family law bench/bar meeting on December 12, 2022 at 4:00 P.M. The meeting will take place on Zoom.
Zoom info:
https://courts-maine-gov.zoom.us/j/95018106120
Meeting ID: 950 1810 6120
Passcode: 482341
At the meeting, we intend to explain the procedures we will be implementing to try to clear the backlog of cases awaiting trial. To that end, please keep January 26, 2023 open as we plan to call in on that day all cases awaiting trial to create an opportunity to resolve the case on that day. Parties and attorneys will be expected to be present in Springvale District Court. A few mediators will be available for short mediations, and a few judicial officers will be available for short settlement conferences, as well as to conduct final, uncontested hearings.
In addition, please keep the afternoon of February 14, 2023 open for an old-fashioned call of the docket for cases that are not resolved on January 26, 2023. This notice is merely a "save the date" request for January 26, 2023 and February 14, 2023; we will provide all the details at the bench/bar meeting.
As usual, if you have suggestions for the agenda, please let us know. We look forward to seeing you.
Chief Justice Stanfill discusses the current challenges facing Maine's justice system on Maine Calling
Date: 12/12/2022
Last month, Maine's Chief Justice Valerie Stanfill gave a stark assessment of the state justice system, saying: "We are failing." She joined Jennifer Rooks on Maine Calling, on December 8, 2022, to elaborate on the challenges and obstacles facing Maines criminal and civil court systems, including a backlog of cases and a shortage of public defense lawyers. Listen now
Law Court invites amicus briefs regarding foreclosure when debtor is deceased, time for probate has passed, and property is owned by surviving joint tenant, who is not liable on the note
Date: 1/17/2023
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of Key Bank National Association v. Elizabeth Keniston, et al., Law Court docket number Pen-22-250. Key Bank appeals from an order dismissing its mortgage foreclosure complaint without prejudice because the debtor, an indispensable party, is not a party to the action. Specifically, the debtor on the underlying note died intestate in 2011, and more than three years have passed without any administration of the estate. The property was owned in a joint tenancy at the time; the surviving joint tenant had signed the mortgage but did not sign the note. After asking the probate court to determine the heirs, Key Bank named the heirs of the debtor as defendants in the foreclosure action. The heirs, however, are not liable on the note and never owned any interest in the mortgaged property, which passed to the surviving joint tenant when the debtor died.
The Law Court held that the debtor is an indispensable party in MTGLQ Investors, L.P. v. Alley, 2017 ME 145, 166 A.3d 1002, and ordered that the complaint be dismissed where it named neither the debtor nor the debtor's estate. In somewhat similar circumstances, however, the U.S. District Court in Maine has determined that because Maine is a title theory state, a mortgage was enforceable even if the note was not. Johnson-Toothaker v. Bayview Loan Servicing LLC, 2022 U.S. Dist. LEXIS 143186.
The Court invites amicus briefs responsive to the following questions:
The parties' briefs and the appendix are available at the links below.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must be filed on or before February 23, 2023. An amicus brief must be filed at the address listed below and must comply with M.R. App. P. 7A. In addition to filing and serving the required number of copies, any amicus must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: January 17, 2023
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Supporting documents
SJC invites comments on proposed amendments to the Maine Bar Admission Rules regarding payment of application fee and time limits for admission to the bar. Comments due by February 17, 2023.
Date: 2/3/2023
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Bar Admission Rules that would (1) amend Rule 6(a) to allow payment of the application fee by credit or debit card and to provide for a convenience fee to be charged for payments made by credit or debit card; (2) adopt Rule 11A(e) to establish a time limit for admission to the bar after an application for admission by motion; and (3) adopt Rule 11B(d) to establish a time limit for admission to the bar after an application for admission by transferred Uniform Bar Examination score.
The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, February 17, 2023. Comments may be in writing, mailed or delivered to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: February 3, 2023
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
SUPPORTING DOCUMENTS
Judicial Branch Warns about Court-related Scam Calls
Date: 2/3/2023
The Maine Judicial Branch is warning people about a scam telephone call in which the caller falsely claimed to be a "warrants officer" of the Cumberland County Courts. The caller claims that the victim is in violation of a subpoena and demands personal information.
This scam appears to be a variation of a scam that the Judicial Branch became aware of last summer, in which the caller claimed to be from the courts and demanded money to clear an outstanding warrant for having missed a court date.
Judicial Branch personnel and law enforcement never call and request personal or financial information or money over the telephone or threaten recipients who don't comply.
Maine people are advised to be very cautious in responding to such calls. Never send money or provide personal or financial information in response to a telephone call or email unless you have verified the identity of the caller independently.
Contact: Barbara Cardone, Esq., Director of Legal Affairs Phone: (207) 213-2803 Email: barbara.cardone@courts.maine.gov
Chief Justice Valerie Stanfill Delivers State of the Judiciary
Date: 3/23/2023
Chief Justice Valerie Stanfill delivered her State of the Judiciary address before a joint session of the 131st Maine State Legislature today.
The written address may be viewed on the Judicial Branch website here. Video of Justice Stanfill's speech may be viewed on Legislatures website here.
Supporting documents
State of the Judiciary Speech (PDF)
York County Courts Begin Move to York County Judicial Center in Biddeford
Date: 4/13/2023
The Maine Judicial Branch announced that tomorrow, April 14, the York County Superior Court will begin the move that, over a two-and-a-half-week period, will consolidate all York County courts into the recently completed York Judicial Center (YJC) at 515 Elm Street (Route One) in Biddeford.
"We have been carefully planning this move for months. Our overarching aim is to minimize any disruption to the public and the bar in accessing York County courts," said Julie W. Howard, York County Courts Manager of Operations. To achieve this goal, court users and attorneys will have access to one or more courts in York County while the move is in process. The YJC will be fully open to the public by Wednesday, May 3.
Move Schedule
April 14 through April 19: Superior Court in Alfred will be closed. People needing emergency assistance may visit any York County District Court location - Biddeford; Springvale; or York.
April 18 and April 19: Superior Court moves from its current location in Alfred to the YJC.
April 21: Biddeford District Court location at 25 Adams Street will close.
April 24 - April 25: Biddeford moves to the YJC. YJC clerk's office will be closed during the Biddeford move-in.
April 28: Springvale and York District Courts close.
May 1 and May 2: Springvale and York District Courts move to the YJC. YJC clerks office will be closed except for emergency filings and Protection from Abuse complaints that cannot be filed by email.
Mailing and physical address: York Judicial Center 515 Elm Street Biddeford, ME 04005 www.courts.maine.gov/courts/yjc.html
Clerks Office mail address and phone AFTER April 18, 2023: (207) 283-6000
Contact: Barbara Cardone, Esq., Director of Legal Affairs Phone: (207) 213-2803 Email: barbara.cardone@courts.maine.gov
Supporting documents
Judicial Branch recognizes national "Law Day" May 1st
Date: 5/1/2023
The Judicial Branch debuts a new web page with resources for teachers and students to support a deeper understanding of the role of the courts in preserving the rule of law. The Maine Judicial Branch announced today that, in honor of Law Day 2023, it is expanding resources on the Judicial Branch website to help teachers, students, and the public learn more about Maine courts.
"Maine's third branch of government - the Judicial Branch is critical to preserving and strengthening our democratic institutions and the rule of law," said Supreme Court Chief Justice Valerie Stanfill. As part of activities to commemorate this years National Law Day, we are spotlighting some of our educational efforts on a new web page for teachers, students, and the public. We believe that the more knowledge students and the public have about how our courts operate, the greater confidence they will have in our mission of providing access to justice and promoting the peaceful and productive resolution of disputes."
"The Judicial Branch has for many years participated in outreach and educational activities with Maine high schools, community groups, and other organizations. We are compiling these activities and other resources on our website to make them more visible and accessible," said Judicial Branch State Court Administrator Amy Quinlan. We hope to continue to expand these resources in the coming months.
Learn more about this years National Law Day theme, Cornerstones of Democracy: Civics, Civility, and Collaboration, and view the Information for Students & Teachers page at: www.courts.maine.gov/info/students.html.
Supporting documents
SJC invites comments on proposed amendment to Rule 92 of the Maine Rules of Civil Procedure regarding mediation in Title 32 consumer collection actions. Comments due by June 1, 2023.
Date: 5/18/2023
The Maine Supreme Judicial Court invites comments on a proposed amendment to Rule 92 of the Maine Rules of Civil Procedure that would add consumer collection actions to the list of disputes that may be referred to the Court Alternative Dispute Resolution Service (CADRES) for mediation, consistent with new legislation.
The proposed amendment is available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, June 1, 2023. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: February 3, 2023
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
GAL Core Training Scheduled for October
Date: 5/24/2023
The Maine Judicial Branch, in collaboration with the Maine State Bar Association, is happy to announce the next Guardian ad Litem Core Training. Completion of this training is required to become a rostered guardian ad litem. The training will be held during the fall administrative week, October 23, 2023 to October 27, 2023. For more information and to access the application, please visit the Information for Guardian ad Litems web page.
'Technology in the Courtroom' Demonstration to be Presented Following Opening Ceremony for the York Judicial Center
Date: 5/26/2023
The Maine Judicial Branch will hold an opening ceremony and open house for the newly completed York Judicial Center (YJC) on Friday, June 2, 2023 from 10:00 a.m. - 12:00 p.m.
Following the opening ceremony and dedication, Judicial Branch OIT staff will give a demonstration of the technology that every courtroom in the facility has been equipped with. The demonstration will be presented from 12:00 p.m. 1:00 p.m. in Courtroom 4 on the second floor of the YJC. The demo will be of special interest to attorneys who practice before York County Courts.
For more information on the YJC opening event or the technology demonstration, contact: info@courts.maine.gov.
Judicial Branch to Celebrate Opening of the York Judicial Center in Biddeford
Date: 5/31/2023
Maine Judicial Branch officials will dedicate the newly completed York Judicial Center (YJC) in an opening ceremony to be held at the courthouse on Friday, June 2, 2023 from 10:00 a.m. - 12:00 p.m. The YJC is located at 515 Elm Street (Route One), Biddeford.
"We are excited to formally dedicate this fully accessible, spacious, and beautiful facility for the residents of York County," said Supreme Judicial Court Chief Justice Valerie Stanfill. This is the culmination of a development process which began in 2016 when members of the York County Site Selection Commission were appointed. This is a day to thank the dozens of individuals and firms who contributed their vision, skill, perseverance, and sheer grit to complete the project.
The YJC clerk's office will be open from 8:00 a.m. to10:00 a.m. and closed from 10:00 a.m. to 12:00 p.m. The office will reopen at 12:00 p.m. The public is invited to attend the opening ceremony.
Supporting documents
York Judicial Center Fact Sheet
Workload Study for Maine Trial Courts Released
Date: 6/5/2023
The Maine Judicial Branch announced today that it has released a final report conducted by the National Center for State Courts on a comprehensive study of the workload for Maine trial court justices, judges, magistrates, and clerks. The study is available on the Judicial Branch's Report & Data web page and can be downloaded below.
Supporting documents
Maine Judge and Clerk's Office Staff Workload Assessment
Judicial Branch Announces Expansion of Maine eCourts to Lewiston and Auburn Courts
Date: 6/5/2023
The Maine Judicial Branch announced today that the next implementation of Maine eCourts and eFiling is scheduled to launch on or around October 23, 2023, in Lewiston District Court and Androscoggin County Superior Court for most family and civil case types. The new filing and case management system will eventually replace an aging, legacy system and paper court files. The first phase of Maine eCourts was implemented in 2018 for traffic cases statewide, followed by the Bangor District Court, Penobscot County Superior Court, and the statewide Business and Consumer Docket (BCD) in 2020.
Maine eCourts is a suite of applications and web-based tools that uses Tyler Technologies' Odyssey Enterprise Justice Software. The system allows for the management of court dockets and hearings, storage of digital case files, eFiling, and online payments. eFileMaine is Maines version of Tylers "File & Serve" platform.
Attorneys, state and local government entities, and those who file more than six cases in a calendar year will be required to eFile when the system launches, beginning on or around October 23, 2023. Protection from abuse and harassment, criminal, and civil violations cases will continue to be filed in paper. Self-represented litigants who file fewer than six cases in a calendar year will not be required to eFile.
We are developing a robust schedule of online trainings for attorneys, legal assistants, and high-volume filers to help make the transition from conventional filing to eFiling as seamless as possible when the implementation of eFiling begins in Lewiston and Auburn in October, said Judicial Branch State Court Administrator Amy Quinlan. The training schedule will be announced soon and will be posted on the Judicial Branchs eFileMaine web page.
To learn more about Maine eCourts, visit https://www.courts.maine.gov/ecourts/index.html.
To stay informed about eFiling and other news from the Judicial Branch, sign up at: https://www.courts.maine.gov/news/signup.html.
Supporting documents
Law Court invites amicus briefs regarding the constitutionality and application of 2021 legislation removing the statute of limitations for "actions based on sexual acts toward minors"
Date: 6/23/2023
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the matter of Robert E. Dupuis et al. v. Roman Catholic Bishop of Portland, Law Court docket number BCD-23-122. The trial court reported to the Law Court its interlocutory ruling denying the Bishop's motions to dismiss or for judgments on the pleadings in actions by Robert Dupuis and twelve other individuals who claim that they were victims of sexual acts committed by adults serving as priests, as clergy, as lay educators, or in other roles within the Bishops parishes. The Bishop claimed that 2021 legislation removing the statute of limitations for "actions based upon sexual acts toward minors" is unconstitutional when applied to claims for which the previous limitations period had already expired by the time the legislation took effect and that the legislation applies only to actions against individuals and not to actions against other entities.
The Court invites amicus briefs on the issues presented in the report from the trial court.
The trial courts orders and all documents filed in or issued by the Law Court are available on the high-profile-case page of the Courts website at https://www.courts.maine.gov/news/dupuis/. Additional documents will be added to that webpage as they are filed or issued.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must comply with M.R. App. P. 7A and must be filed on or before September 18, 2023, at the address listed below. In addition to filing and serving the required number of copies, any amicus filing a brief must send a copy of the brief electronically, as a single native or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: June 23, 2023
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov
Supporting documents
Judicial Branch Expands Resources for Self-Represented Litigants
Date: 6/28/2023
The Judicial Branch is pleased to announce it is expanding its resources for self-represented litigants.
Short videos on popular topics that have been released recently are:
We have also recently release short brochures on small claims court and evicting a tenant from a residence for not paying rent.
Videos can be viewed on the Court Help Videos web page. The videos are also linked on the individual web page on the topic in question and are grouped together on the Judicial Branch's Vimeo channel.
Brochures and other self-help guides are available on the Guides and Publications web page.
More resources for self-represented litigants are in development.
Important Information for Attorneys with Jury Trials Regarding Access to Juror Questionnaires via ShareFile
Date: 7/14/2023
Administrative Order JB-23-03 providing the process for electronic access to juror questionnaires goes into effect on July 17, 2023. The attached memorandum provides information about accessing the questionnaires from the various clerks' offices around the state.
Supporting documents
Judicial Branch Email System Unavailable
Date: 7/18/2023
The Maine Judicial Branch's email system is encountering issues today, Tuesday, July 18. This includes all email addresses ending in courts.maine.gov, including email addresses for Protection from Abuse and Protection from Harassment filings. Please contact the court where you are filing for assistance.
We are working diligently to restore email service, however, at this time we do not have an estimate of when email will be fully restored. We apologize for this interruption.
Judicial Branch Email Restored
Date: 7/20/2023
The Judicial Branch's email system, which experienced issues earlier in the week, has now been fully restored.
All email addresses ending in courts.maine.gov are active including email addresses used for Protection from Abuse and Protection from Harassment filings.
We appreciate the public's patience as we worked to resolve this issue.
Judicial Branch Announces Process for the Appointment of Court-Paid Attorney Referees in Select Civil and Family Cases
Date: 7/24/2023
The Judicial Branch announced today that it is implementing a process described in a new Administrative Order for the appointment of attorneys to serve as court-paid referees in certain non-jury civil and family cases. Administrative Order JB-23-04 (Order) has an effective date of July 18, 2023. In addition to this Order, Administrative Order JB-22-03 (A. 3-22), Order Regarding Referees, is still in effect. JB-22-03 (A. 3-22) applies to retired judges who are appointed as court-paid referees. The new Order builds upon the success of that process to allow Maine attorneys, in addition to retired judges, to be appointed as court-paid referees.
Under the Order, parties must select an attorney who is willing to accept appointment as a court-paid referee. All parties must agree to the appointment of that attorney-referee. The Judicial Branch will not maintain a roster of attorneys to serve as court-paid referees under the Order. If appointed, the attorney-referee will hear the matter and prepare a report for submission to the court, following the procedure for referees described in Rule 53 of the Maine Rules of Civil Procedure.
The Order provides that the referee must be a Maine-licensed attorney who has received a "vendor code" with the Judicial Branch and sets the hourly rate and maximum number of hours (20) the referee can bill without prior approval from the court. The Order also contains instructions on how to request a vendor code, submit a Referee Contract, and submit invoices for payment and reimbursement of out-of-pocket expenses.
Non-jury civil and family cases may be heard by the referee. The Order does not apply to criminal, juvenile, protection from abuse, protection from harassment, child protection, adoption of minors, guardianship of minors, and name change of minor cases.
Commenting on the Order, Supreme Court Chief Justice Valerie Stanfill said, "The process outlined in AO JB-23-04 is intended to provide parties with an additional tool to help resolve certain non-jury civil cases that may have been delayed as a result the COVID-19 pandemic."
Several new and revised Judicial Branch court forms will be used in connection with the court-paid attorney referee process under JB-23-04. These forms will be available on the Judicial Branch website on July 25, 2023, the effective date of this process. The forms include:
Contact: Barbara Cardone, Director of Legal Affairs and Public Relations
Barbara.cardone@courts.maine.gov | 207-213-2803
Supporting documents
Judicial Branch Warns about Court-related Scam Calls
Date: 7/26/2023
Augusta, Maine. The Maine Judicial Branch is warning people today about scam telephone calls falsely claiming to be from law enforcement demanding that the person called pay a fine purportedly because the person did not report for jury duty. Judicial Branch staff and law enforcement never call and request personal or financial information or money over the telephone or threaten people who don't comply.
"We've heard from several members of the public saying they have received calls claiming to be from a local sheriffs office," said Judicial Branch Director of Legal Affairs and Public Relations Barbara Cardone. "Maine people should be very cautious in responding to such calls. Never send money or provide personal or financial information in response to a telephone call or email unless you have verified the identity of the caller independently."
Contact: Barbara Cardone, Esq., Director of Legal Affairs and Public Relations
Phone: (207) 213-2803 (office)
Email: barbara.cardone@courts.maine.gov
Supporting documents
SJC invites comments on proposed amendments to the Maine Rules of Civil Procedure making technical changes and clarifying various rules, in part to ensure consistency with the Maine Rules of Electronic Court Systems. Comments due by September 1, 2023
Date: 8/1/2023
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Civil Procedure that would make technical changes and clarifications to various rules, in part to ensure the rules' consistency with the Maine Rules of Electronic Court Systems.
The proposed amendments and a table summarizing the proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, September 1, 2023. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Court's website.
Dated: August 1, 2023
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Table summarizing proposed amendments
eFiler Virtual Training Sessions Announced
Date: 8/2/2023
Tyler Technologies has released a schedule of live, virtual training sessions for users of the eFileMaine platform.
The Maine Judicial Branch is encouraging attorneys and other professional filers who practice family and civil law in the Lewiston District Court and Androscoggin Superior Court to attend a live, virtual training session conducted by Tyler Technologies on the new eFiling system. Electronic filing in Lewiston and Auburn is scheduled to begin on or around October 23, 2023, when Maine eCourts expands to those court locations.
Tyler's eFiler virtual trainings are introductory sessions designed for a national audience and cover the basics of how to electronically file and serve documents using the website. Maine-specific processes and rules governing electronic filing will not be covered in these training sessions.
Trainings are currently scheduled every other Wednesday, from 2 p.m. to 3 p.m. beginning August 9 through December 20, 2023. View all sessions and register for a session on Tyler's website here.
To learn more about Maine eCourts, visit the Maine eCourts web pages here.
To stay informed about eFiling and other news from the Judicial Branch, sign up here.
Judicial Branch Update on Maine eCourts Implementation
Date: 9/1/2023
The Maine Judicial Branch today announced upcoming events and reported on progress in implementing Maine eCourts.
"Maine eCourts" is the Judicial Branch's eFiling, digital court records, online payment, and electronic case management system. The system was implemented first in traffic cases in Maine district courts statewide in the fall of 2018. In the fall of 2020, eFiling and Maine eCourts launched for most civil case types in Bangor courts and for the statewide Business and Consumer Docket.
Maine eCourts coming to Lewiston and Auburn Courts
Starting October 23, 2023, the Lewiston District Court and Androscoggin Superior Court will implement eFiling for most civil case types: family matters, child protection, small claims, evictions, and other civil matters (except for civil violations and protection from abuse/protection from harassment orders).
Attorneys, governmental agencies, and parties who file more than six court cases in a year will be required to eFile when the system launches. To prepare for eFiling, live, webinar training sessions are currently being offered through Tyler Technologies. A link to register for an upcoming session is located on the Maine eCourts web page. See also the Release on the Expansion of Maine eCourts to Lewiston and Auburn Courts, 6/5/23.
Change to online access to digital court records
Starting September 15, 2023, pursuant to Administrative Order JB-20-03 (A. 9-23) (Order), users of the Maine eCourts Portal (which currently provides public access to electronic case information) will have online access to a list of court events, called the Registry of Actions (ROA), for any court that has implemented eFiling. The ROA is equivalent to the docket list in the Judicial Branchs current case management system, the Maine Judicial Information System (MEJIS).
In addition to the ROA, the court may provide Maine eCourts Portal users with access to other nonconfidential documents in individual cases. Other nonconfidential documents will be accessible only at a courthouse that has implemented eFiling. The change described in the Order treat[s] MEJIS courts and courts that have implemented eFiling the same in terms of access to nonconfidential documents.
During the interim period, there will be no charge for paper copies of public, electronic documents that are requested at courts that have implemented eFiling. Copying charges for paper documents in MEJIS courts remain unchanged.
Conventional filers responsible for redacting nonpublic information in paper court filings
Under the Maine Rules of Electronic Court Systems (MRECS) promulgated with the first eFiling implementation in 2020, parties filing documents in Odyssey courts in the case types listed above are responsible for redacting or omitting nonpublic information, as defined in MRECS 4-7, from public documents filed in the court. In a civil case such as an FED, for example, full names of minors, residence addresses, telephone numbers, financial account numbers, drivers license numbers, and social security numbers should be omitted where possible and redacted where they are necessary to the document. See, MRECS 4(E).
Administrative Order JB-20-03 (A. 9-23) confirms and clarifies that conventional filers are responsible for redacting nonpublic information from any documents they file. Conventional filers are self-represented litigants (those without attorneys) who file paper court documents that are then scanned and entered into the Maine eCourts case management system as electronic documents. Beginning on September 15, conventional filers may be required to provide a redacted and unredacted version of court documents they are filing in courts that have implemented eFiling if the case type is nonconfidential. The Order provides that while self-represented litigants have the responsibility for redaction, filings that are not redacted will not for that reason be rejected.
We do not want to impose any unnecessary requirements on self-represented litigants, said Barbara Cardone, Director of Legal Affairs and Public Relations. On the contrary, we want to encourage self-represented litigants in courts that have implemented eFiling to protect their sensitive, nonpublic information. Failure to redact may result in nonpublic information being accessible online.
Upcoming trainings on eFiling
A schedule of training sessions can be found here on Tylers website: https://odysseyfileandservecloud.zendesk.com/hc/en-us/articles/8971375644429-Live-Webinar-
A recording of past trainings and additional resources can be found on the About eFileMaine web page.
Supporting documents
SJC invites comments on proposed amendments to the rules of professional and judicial conduct clarifying that participants in the Maine Assistance Program for Lawyers and Judges are not required to report information obtained in the program
Date: 9/8/2023
Comments must be filed by Friday, September 22, 2023
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Professional Conduct and the Maine Code of Judicial Conduct that would clarify that a lawyer or judge participating in the Maine Assistance Program for Lawyers and Judges is not required to report to a disciplinary authority any information obtained in the course of the lawyer's or judges participation in the program.
The proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, September 22, 2023. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: September 8, 2023
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Proposed amendments to Maine Rules of Professional Conduct
Proposed amendments to Maine Code of Judicial Conduct
Law Court invites amicus briefs on constitutionality of Maine's stalking statute as applied in light of a recent U.S. Supreme Court decision
Date: 9/11/2023
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the matter of State of Maine v. Jacob R. Labbe Sr., Law Court docket number And-22-317. Labbe was convicted of domestic violence stalking (Class C), 17-A M.R.S. § 210-C(1)(B)(3), and two counts of violating a protection from abuse order (Class D), 19-A M.R.S. § 4011(1). Labbe appeals, arguing (among other things) that Maine's stalking statute, 17-A M.R.S. § 210-A, which forms the basis for the enhanced charge in 17-A M.R.S. § 210-C, is void for vagueness because a reasonable person would not have understood, and he did not understand, that Labbe's texts and calls to the alleged victim would cause a reasonable person to suffer serious inconvenience or emotional distress. The Court held oral argument on May 9, 2023.
On June 27, 2023, the United States Supreme Court decided Counterman v. Colorado, 143 S. Ct. 2016 (2023). In Counterman, the Court vacated a conviction under Colorado's stalking statute (which, like Maines, employs an objective, reasonable person standard with respect to the effect of an actors conduct on a victim) and held that the First Amendment requires a subjective mens rea--at a minimum, recklessness--with respect to the effect that the conduct there, Facebook Messages, had upon the victim.
The Court invites amicus briefs on the following issues:
The parties' briefs, the appendix, and the audio recording of the oral argument of May 9, 2023, are available at the links below.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must comply with M.R. App. P. 7A and must be filed on or before October 10, 2023, at the address listed below. In addition to filing and serving the required number of copies, any amicus filing a brief must send a copy of the brief electronically, as a single "native" or text-based .pdf file, to the Clerk of the Law Court at lawcourt.clerk@courts.maine.gov.
Dated: September 11, 2023
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
 
Recording of oral argument of May 9, 2023
Supporting documents
The Family Rules Advisory Committee (FRAC) Announces CLE Event on Draft Revisions to the Maine Family Division Rules of Civil Procedure
Date: 9/18/2023
Join the Family Rules Advisory Committee (FRAC) to discuss its proposal to revise and restructure the rules of procedure for Family Division cases (i.e., family matters, probate matters in District Court, protection order matters, and child protection cases). FRAC's proposal includes a standalone set of rules, separate and apart from the Civil Rules of Procedure, that are better customized to meet the unique needs of Family Division cases. The presentation will provide an overview of the most significant changes that FRAC would like to propose to the Supreme Judicial Court (SJC), and invite feedback before finalizing its submission to the SJC.
This event will take place Monday, October 23, 2023, from 9 a.m. to 12:15 p.m. via ZOOM.
This event is FREE and has been approved for 3 CLE credits.
Registration Link: https://courts-maine-gov.zoom.us/j/91559966632
Materials Link: https://www.dropbox.com/sh/o662bdz7ilk1140/AACbq6R9lLWn-Rk6hS84edzva?dl=0
(PLEASE NOTE: The draft rules will be posted to the above link by Monday, October 2, 2023. Written comments are due by close of business on November 6, 2023.)
For questions, please contact familydivisionrules@courts.maine.gov.
Supporting documents
Maine eCourts in Lewiston & Auburn Virtual Presentation (Session 2)
Date: 9/19/2023
Join members of the Maine eCourts project team on Wednesday, October 4, 2023, for an introduction to Maine's paperless court system and processes.
The Maine Judicial Branch is hosting a second session on the next implementation of Maine eCourts and eFiling, scheduled for most civil and family case types in the Lewiston District Court and civil cases in the Androscoggin County Superior Court. The first session was presented on June 14, 2023.
Attorneys, state and local government entities, and those who file more than six cases in a calendar year will be required to eFile when the system launches on Monday, October 23, 2023. Protection from abuse and harassment, criminal, and civil violations cases will continue to be filed in paper. Self-represented litigants (parties who do not have attorneys) who file fewer than six cases in a calendar year will not be required to eFile.
This live session will be held by Zoom and will be recorded for those who cannot attend. The session program will feature eFiling requirements, court rules, and help resources for filers followed by a Q&A.
Maine eCourts is a suite of applications and web-based tools that uses Tyler Technologies' Odyssey Enterprise Justice Software. The system allows for the management of court dockets and hearings, storage of digital case files, eFiling, and online payments. eFileMaine is Maines version of Tylers "File & Serve" platform.
Topic: Maine eCourts in Lewiston & Auburn (Session 2)
When: Oct 4, 2023 12:00 PM Eastern Time (US and Canada)
Please click the link below to join the webinar:
https://courts-maine-gov.zoom.us/j/91061831311
Passcode: 503776
To learn more about Maine eCourts, visit https://www.courts.maine.gov/ecourts/index.html.
To stay informed about eFiling and other news from the Judicial Branch, sign up at: https://www.courts.maine.gov/news/signup.html.
Maine Assistance Program for Lawyers & Judges Executive Director Search
Date: 9/28/2023
The Maine Assistance Program for Lawyers & Judges (MAP) is seeking a new Executive Director to assume responsibility for the operation of the program. Applicants must be self-motivated, independent, empathetic, and passionate about working with individuals with mental health or substance use issues.
Background: The Maine Assistance Program for Lawyers & Judges, commonly referred to as MAP, was created in 2002 by the Maine Supreme Judicial Court for the purpose of protecting the public from harm caused by impaired members of the legal profession. To meet this goal, MAP provides free and confidential assistance to Maine attorneys, judges, University of Maine School of Law students, and applicants to the Maine Bar for issues that might adversely affect their work performance or personal life, including but not limited to depression, substance use disorders, anxiety, burnout, addictive behaviors, and aging.
Responsibilities: The Director oversees a program providing on-call 24/7 assistance to clients needing advice, arrangements for treatment, hospitalization, or other matters. MAP responsibilities include developing and guiding MAP-sponsored support and 12 Step groups. The Director implements and oversees monitoring programs required by courts, Bar Counsel, the Board of Bar Examiners, and law firms and must maintain and expand the existing peer support network of volunteer lawyers, law students, and judges. Educating the bench, bar, and public about issues relating to the impairment of legal professionals and the importance of maintaining their well-being is a core responsibility of MAP. Accordingly, the Director must develop relevant presentations and CLE programs and disseminate that information in print and online. The position also requires out-of-state travel and participation in various seminars and conferences associated with lawyer assistance programs. Due to the importance of continuity of relationships and services, a five-year commitment is expected.
Education: A Juris Doctorate is preferred, but a qualified candidate with a master's or doctoral degree in a human services field may also be considered.
Knowledge, Skills, and Abilities: Familiarity with the stresses and pressures associated with the practice of law.
Education or experience with mental health or substance use disorders in professionals. (Understanding of 12 Step programs a plus).
Strong interpersonal and organizational skills.
Empathetic, non-judgmental demeanor, and outstanding listening skills.
Excellent writing and oral presentation skills.
Trustworthiness concerning confidential information.
Willingness to attend various bench and bar functions.
Valid drivers license and ability to drive anywhere in Maine on short notice.
Willingness and ability to travel to conferences held throughout the United States.
Ability to work alone from home without clerical support.
Familiarity with use of ZOOM or other remote work platforms.
High degree of moral character, integrity, and professionalism.
Compensation: Salary and benefits commensurate with experience and education.
Application: To apply for the position, please send a letter of interest and resume to nugentwc@outlook.com by October 15, 2023. Inquiries seeking further information are also welcome.
MAP IS AN EQUAL OPPORTUNITY EMPLOYER
Supreme Judicial Court to Hold Oral Arguments at Three Maine High Schools
Date: 9/28/2023
The Supreme Judicial Court will hold court and hear a total of nine cases at three Maine high schools next week.
On Tuesday, October 3, beginning at 9:00 a.m., the Court will visit Greely High School to hear arguments in three appellate cases. Representative Steve Moriarty extended the invitation to the Law Court. The three cases are scheduled to begin at 9:00 a.m., 9:50 a.m., and 10:40 a.m.
The Court will hear three appeals at Winthrop High School on Wednesday, October 4 at the invitation of Representative Tavis Hasenfus. The Court will follow the same schedule with the first oral argument starting at 9:00 a.m., the second at 9:50 a.m., and the third at 10:40 a.m.
And on Thursday, October 5, the Court will hear three cases at Skowhegan Area High School at the invitation of Representative Jennifer Poirier. Again, the schedule indicates that the first case starts at 9:00 a.m.
Students receive copies of the briefs in advance and, after each argument, the lawyers stay to answer questions from interested students. When the cases are decided, the schools receive a link to the decisions to share with the students.
Beginning in 2005, the Court has held oral arguments in actual appellate cases at 40 Maine high schools around the state. In each school, the gymnasium, cafeteria, or auditorium is turned into an actual courtroom for the morning so that the students can observe the appellate process. The Court has visited schools from York County to Aroostook County; from Oxford County to Washington County; and many places in between.
Chief Justice Valerie Stanfill said, "We hope that providing real-time exposure to the third branch of government supplements the students' civics education and exposes Maine learners to the concept of justice. The practice of appellate law is rarely seen on television or in the movies. Creating a courtroom environment in a high school takes great effort on the part of the school administration and staff and we appreciate their extensive efforts. And we enjoy getting out of the courtroom and into the community."
The press is welcome to attend. The case schedule has been posted on the Courts website here: https://www.courts.maine.gov/courts/sjc/calendar.html
Live audio streaming of these cases, and all other Supreme Judicial Court oral arguments, is available here: https://www.courts.maine.gov/courts/sjc/arguments-stream.html
If interviews or photographs are desired while the Court is at the schools, please contact Julie Finn beforehand to schedule an interview at the above email address. Photographs and video of students are subject to the rules of the high school, and the press is requested to contact school officials directly.
Contact: Julia Finn, Esq.
Phone: (207) 822-0767 (office)
Email: julia.finn@courts.maine.gov
Supporting documents
SJC invites comments on propoosed amendment to the Maine Bar Admission Rules to permit admission by motion of attorneys who attended law school remotely
Date: 10/19/2023
Comments must be filed by Thursday, November 2, 2023
The Maine Supreme Judicial Court invites comments on a proposed amendment to the Maine Bar Admission Rules that would remove the provision of Rule 11A(a)(3) that disqualified from admission by motion attorneys who had graduated from a law school "that conducts its courses by correspondence or does not require attendance of its students at its lectures or classes."
The proposed amendment is available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, November 2, 2023. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: October 19, 2023
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Notice of Upcoming Change to the Preliminary Injunction for Divorces and Judicial Separations
Date: 10/18/2023
The preliminary injunction that applies to divorces and judicial separations was recently revised by the Legislature (see LD 1730). The revised preliminary injunction will go into effect on October 25, 2023.
A revised Family Matter Summons and Preliminary Injunction form (FM-038) will be available at any Maine District Court starting on October 25, 2023. Please use the revised form when serving a Family Matter Summons on a defendant to a divorce or judicial separation after October 25, 2023.
After October 25, 2023, court users with unused Family Matter Summons forms may go to a Maine District Court to replace them with the revised summons without any additional charge.
Judicial Branch Announces Expansion of eFiling in Lewiston and Auburn Courts
Date: 10/23/2023
The Maine Judicial Branch announced today the official launch of Maine eCourts, including eFiling, in the Lewiston District Court and Androscoggin County Superior Court for most family and civil case types. Attorneys, governmental agencies, and others who file more than six court cases in a calendar year are now required to electronically file in these courts. Protection from abuse, protection from harassment, juvenile, criminal, and civil violations cases continue to be filed in paper.
"Maine eCourts" is the term used to encompass the Judicial Branch's eFiling, digital court records, online payment, and electronic case management system. The system first became available in traffic cases in Maine District Courts statewide in the fall of 2018, and in Bangor courts and the statewide Business and Consumer Docket for most civil case types, in the fall of 2020. Planning for the expansion to Lewiston and Auburn courts has been underway since January 2023. In the coming years, Maine eCourts and eFiling will be available for all case types in every court location in the state, replacing an aging docketing system known as MEJIS and paper-based case processing.
eFiling
Attorneys and other mandatory eFilers must register for an account on eFileMaine to electronically file. Virtual training sessions, past recordings, and documentation is located on the Training & Resources page of the Maine Judicial Branch website. The Judicial Branch offers process related support for eFilers by email at ecourtshelp@courts.maine.gov Monday through Friday from 8 a.m. to 4 p.m. and by telephone at (207) 213-2813 Monday through Thursday from 10 a.m. to 2 p.m. Technical and product support is offered by Tyler Technologies on their user support page.
Accessing Electronic Court Records
re:SearchMaine is the new online search tool to access electronic case records, replacing the Maine eCourts Odyssey Portal. Attorneys and parties can access their own electronic case documents on re:SearchMaine. Members of the public can search and view the Registry of Action (ROA), that lists court events, for public cases that have been electronically filed. More information on how to access court records can be found on the Accessing Electronic Court Records web page.
To receive updates from the Maine Judicial Branch on Maine eCourts and other news, sign up for our email list.
Supporting documents
State Courts and Facilities in Lewiston and Auburn Closed Thursday, Oct. 26th
Date: 10/26/2023
Maine State Courts and facilities in Lewiston and Auburn will be closed all day, Thursday, Oct. 26, 2023. This includes the Lewiston District Court, Androscoggin Superior Court, and the Violations Bureau and Service Center.
State Courts and Facilities in Lewiston, Auburn, and West Bath Closed Friday, Oct. 27th
Date: 10/26/2023
Maine State Courts and facilities in Lewiston and Auburn, as well as West Bath, will be closed all day on Friday, Oct. 27, 2023. This includes the Lewiston District Court, Androscoggin Superior Court, West Bath District Court, and the Violations Bureau and Service Center.
SJC invites comments on proposed amendments to Rule 80D of the Maine Rules of Civil Procedure regarding forcible entry and detainer actions. Comments due by November 16, 2023.
Date: 11/2/2023
The Maine Supreme Judicial Court invites comments on proposed amendments to Rule 80D of the Maine Rules of Civil Procedure that would make several changes to the procedures in forcible entry and detainer (eviction) actions.
The proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, November 16, 2023. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: November 2, 2023
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Thanksgiving Holiday Closure Notice -- 2:00 p.m. on Nov. 22-24, 2023
Date: 11/17/2023
The Judicial Branch, including all Maine state courts and administrative offices will be closed beginning at 2:00 p.m. on Wednesday, November 22 through Friday, November 24, 2023 in observance of Thanksgiving. Courts will re-open Monday November 27 at 8:00 a.m.
SJC seeks member of public to serve on Guardian Ad Litem Review Board. Applications due by December 29, 2023.
Date: 12/1/2023
Are you interested in serving on the Maine Guardian ad Litem Review Board? There is an opening for a public member of the Board. Public members are adults living in Maine who are neither lawyers nor guardians ad litem and who have an interest in public service on behalf of children and families.
The Board investigates complaints made against guardians ad litem. The Board is made up of 8 guardians ad litem and 4 public members. It meets regularly in Augusta. There is no compensation for service. For more information about the duties of the board see the website of the Board of Overseers of the Bar.
Interested individuals should send an application letter and resume to Matthew Pollack, Executive Clerk of the Supreme Judicial Court, either by mail to 205 Newbury St Rm 139, Portland ME 04101, or as native pdf documents attached to an email to lawcourt.clerk@courts.maine.gov. Applications must be received by December 29, 2023.
SJC invites comments on proposed amendments to Rules 126 and 127 of the Maine Rules of Civil Procedure regarding probate matters in the District Court. Comments due by December 26, 2023.
Date: 12/12/2023
The Maine Supreme Judicial Court invites comments on proposed amendments to Rules 126 and 127 of the Maine Rules of Civil Procedure to (1) comport with changes made to 4 M.R.S. § 152(5-A) by Public Law 2023, chapter 63, "An Act to Clarify Court Jurisdiction of Actions Involving Children Brought Under the Maine Uniform Probate Code," including adding juvenile matters and removing protection from abuse and harassment actions as triggers for District Court jurisdiction over probate matters and (2) provide procedures to initiate a matter under the Probate Code in District Court.
The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Tuesday, December 26, 2023. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments, and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: December 12, 2023
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Holiday Closures
Date: 12/18/2023
The Judicial Branch, including all Maine state courts and administrative offices will be closed beginning at noon on Friday, December 22 through Tuesday, December 26, 2023 in observance of Christmas. Courts will re-open Wednesday, December 27 at 8:00 a.m.
On Monday, January 1, 2024, all courts and administrative offices will be closed in observance of New Year's Day.
Maine Judicial Branch Responds to Bomb Threat
Date: 1/4/2024
This morning, some Maine Judicial Branch employees received an email containing a general statement that bombs had been planted in or around courthouses in the state. It did not identify any specific location.
Judicial Marshals immediately contacted the Maine Information Analysis Center (MIAC), the primary intelligence resource managed by the Maine State Police. MIAC had not heard of any specific threats to the Maine courts prior to our inquiry. MIAC did advise that they were aware of recent similar acts, deemed to be hoaxes, that were attributed to the senders of the email to the Maine Judicial Branch. The same group sent a similar email regarding explosives in the Maine State House on January 3rd.
Although initial indications pointed to a hoax, the Judicial Branch took the necessary precautions, depending on the location, to ensure that the public was not in danger. The York Judicial Center was closed for the day and searched. The Cumberland County Courthouse was evacuated and searched. The Capital Judicial Center closed to the public while a search commenced. Both the Cumberland County Courthouse and the Capital Judicial Center have reopened. The York Judicial Center will reopen tomorrow, January 5. All other courthouses were checked for security risks or anything that seemed out of the ordinary. No explosives were found in any courthouse location.
The Maine Judicial Branch wants the public to feel safe while in a Judicial Branch facility. Should we experience another similar threat, we will take all precautions necessary to protect public safety. We will also continue to work with the Maine State Police and other law enforcement agencies to catch the perpetrators responsible for the threats.
Barbara A. Cardone
Director of Legal Affairs and Public Relations
207-213-2803
barbara.cardone@courts.maine.gov
Judicial Branch Warns of Court-related Scams
Date: 1/16/2024
The Maine Judicial Branch has become aware of a scam being perpetrated on the public. The scammer, posing as a law enforcement officer, telephones a person, asking for them by name. They tell the person that they had been summoned for jury duty today (a falsehood) and because of their failure to show up for jury duty, a judge has ordered them to pay a penalty, or pay for a bond. The scammer may even email the person an altered copy of a jury summons that has the person's name on it. Some scammers refer to federal jury duty, and some refer to state jury duty. They usually pose as someone from a county sheriffs office.
No person summoned for jury duty in a Maine state court will ever receive a telephone call from law enforcement requiring them to pay money. Also, county sheriffs offices and local law enforcement do not make calls regarding federal jury service. If you receive such a call, please do not pay any money. You should hang up and call the police.
If someone is concerned that they may have missed a date on a jury summons, please contact the clerks office in the Superior Court of the county in which you live to check whether you have been summoned for jury duty. The names, addresses and telephone numbers of the Superior Courts in Maine are listed on the Maine Judicial Branch public website.
Barbara A. Cardone
Director of Legal Affairs and Public Relations
207-213-2803
barbara.cardone@courts.maine.gov
Judicial Branch Announces Expansion of Maine eCourts to Rumford, Farmington, and South Paris Courts
Date: 2/8/2024
The Maine Judicial Branch announced today that the next implementation of Maine eCourts and eFiling is scheduled to launch on April 1, 2024 in Rumford, Farmington, and South Paris District Courts and Oxford County Superior Court for most family and civil case types. This comes just six months following a successful launch in the Lewiston District Court and Androscoggin Superior Court.
Maine eCourts is a suite of applications and web-based tools using Tyler Technologies' Enterprise Justice Solutions. The new case management and eFiling system is replacing MEJIS, the Judicial Branchs aging docketing system, and paper-based court files and processes.
Attorneys, state and local government entities, and those who file more than six cases in a calendar year will be required to eFile when the system launches on April 1, 2024. Protection from abuse and harassment, criminal, and civil violations cases will continue to be filed in paper. Self-represented litigants will not be required to eFile.
Required eFilers and legal staff are encouraged to attend one of several online trainings, review and become familiar with the Maine Rules of Electronic Court Systems (MRECS), and review additional resources on the Maine Judicial Branchs Maine eCourts web pages.
The first phase of Maine eCourts was implemented in 2018 for traffic cases statewide, followed by the Bangor District Court, Penobscot County Superior Court, the statewide Business and Consumer Docket (BCD) in 2020, and the Lewiston District Court and Androscoggin Superior Court in 2023.
To learn more about Maine eCourts, visit https://www.courts.maine.gov/ecourts/index.html
To stay informed about eFiling and other news from the Judicial Branch, sign up at: https://www.courts.maine.gov/news/signup.html
Supporting documents
Chief Justice Valerie Stanfill to Deliver State of the Judiciary
Date: 2/20/2024
AUGUSTA, MAINE. Chief Justice Valerie Stanfill is scheduled to deliver her State of the Judiciary address before a joint session of the 131st Maine State Legislature tomorrow, February 21.
DATE: Wednesday, February 21, 2024
TIME: 10:45 a.m. to 11:45 a.m.
PLACE: Maine State House, corners of Capitol and State Streets, Augusta (use the west entrance facing the Cross Office Building)
In her remarks, CJ Stanfill will highlight the progress and achievements the Judicial Branch has made in 2023 and chart the course forward.
Immediately following her address, CJ Stanfill will hold a press conference in the Governor's Cabinet Room at the State House.
The written address will be available on the Judicial Branch website following the address and live-streamed on the Legislatures website here: https://legislature.maine.gov/audio/#house_chamber.
Contact: Barbara Cardone, Esq., Director of Legal Affairs and Public Relations
Phone: (207) 213-2803
Email: barbara.cardone@courts.maine.gov
Read Chief Justice Stanfill's 2024 State of the Judiciary Address
Date: 2/21/2024
Supreme Judicial Court Chief Justice Valerie Stanfill delivered her State of the Judiciary address this morning before a Joint Convention of the Second Regular Session of the 131st Maine Legislature. The address may be found on the Supreme Judicial Court web page.
The Judicial Branch's 2023 Annual Report was also released today and can be found on the "About" page of our website.
Upcoming eFiler Virtual Training Sessions
Date: 2/27/2024
The Maine Judicial Branch is encouraging attorneys, legal staff, and professional filers who practice family and civil law in Farmington, Rumford, and South Paris District Courts and the Oxford County Superior Court to attend a live, virtual training session conducted by Tyler Technologies on the new eFiling system. Electronic filing in these courts is scheduled to begin, and will be mandatory for these filers, on April 1, 2024. See Judicial Branch Announces Expansion of Maine eCourts to Rumford, Farmington, and South Paris Courts for more.
Tyler's eFiler virtual trainings are introductory sessions designed for a national audience and cover the basics of how to electronically file and serve documents using the website. Maine-specific processes and rules governing electronic filing will not be covered in these training sessions.
Two training sessions are currently scheduled from 2 p.m. to 3 p.m. on Thursday, March 7 and Thursday, March 21 before eFiling begins on April 1, and a third session is offered on April 4. Register for a session here or view a previously recorded session here.
To learn more about Maine eCourts, visit
www.courts.maine.gov/ecourts/index.html
To stay informed about eFiling and other news from the Judicial Branch, sign up at
www.courts.maine.gov/news/signup.html.
How to Become an Interpreter Information Session
Date: 3/11/2024
Please join the Office of Court Access for an informational session on how to become an interpreter for the Maine State Courts.
This session will be held at the York Judicial Center at 515 Elm Street in Biddeford on April 2, 2024, from 10 a.m. to 12 p.m. To register, please email interpreters@courts.maine.gov.
For more information about how to become an interpreter, please visit https://www.courts.maine.gov/info/interpreters.html.
Supporting documents
SJC invites comments on proposed amendments to the Maine Rules of Appellate Procedure regarding electronic filing and service of documents; motions practice; and sentence appeals. Comments due by April 11, 2024.
Date: 3/14/2024
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Appellate Procedure that would, among other things (1) require most documents to be filed and served via email (with paper copies of briefs, appendices, petitions, responses to petitions, and memoranda filed later); (2) require disclosure of opposing parties' positions on motions; (3) adopt procedures for motions that request emergency or expedited action by the Court; (4) enlarge the time for responses to motions from 7 to 14 days; (5) permit the Clerk of the Law Court to enlarge the time for petitions and memoranda by up to 7 days; (6) require that a copy of the decision or order appealed from be attached to a memorandum in support of a request for a certificate of probable cause in criminal discretionary appeals; and (7) allow for the amendment of an application for leave to appeal a sentence until 14 days after the transcript is filed.
The proposed amendments are available at the link below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Thursday, April 11, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: March 14, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Franklin and Oxford County Courts Prepare for April 1st Launch of Maine eCourts and eFiling
Date: 3/21/2024
Judicial Branch District and Superior Courts in Franklin and Oxford Counties will be closed to the public on the dates below to get ready for the launch of Maine eCourts and eFiling, which begins in those courts on April 1, 2024:
CLOSED TO THE PUBLIC
Mon., 3/25- Oxford County Superior Court and South Paris District Court.
Tues., 3/26- Oxford County Superior Court and South Paris District Court.
Wed., 3/27- Rumford District Court.
Thurs., 3/38- Franklin County Superior Court, Farmington District Court, and Rumford District Court.
Fri., 3/29- Franklin County Superior Court, Farmington District Court, Oxford County Superior Court, Rumford DC, and South Paris District Court.
Learn more about Maine eCourts and eFiling at www.courts.maine.gov/ecourts/index.
For weather-related and other court closures, please check the Court Alerts page on the Judicial Branch website. www.courts.maine.gov/courts/alerts
All courts and clerk's offices will be closed to the public from 8 a.m. to 12 noon beginning April 1 through April 5, 2024 for Spring Administrative Week.
Maine eCourts and eFiling Expands to Rumford, Farmington, and South Paris Courts
Date: 4/1/2024
The next implementation of Maine eCourts and eFiling begins today for most family and civil case types in Rumford, Farmington, and South Paris District Courts, and Franklin and Oxford County Superior Courts.
Maine eCourts is a suite of applications and web-based tools using Tyler Technologies' Enterprise Justice Solutions. The new case management and eFiling system is replacing MEJIS, the Judicial Branch's aging docketing system, and paper-based court files and processes.
Attorneys, governmental agencies, and others who file more than six court cases in a calendar year are now required to electronically file in these courts. Protection from abuse, protection from harassment, juvenile, criminal, and civil violations cases continue to be filed in paper. Self-represented litigants are not required to eFile.
eFiling
Mandatory eFilers including attorneys or law firm staff must register on eFileMaine to electronically file. Virtual training sessions, informational recordings and instructional documentsarelocated on the Training & Resources page of the Maine Judicial Branch website. The Judicial Branch offers process related support for eFilers by email at ecourtshelp@courts.maine.govand by telephone at (207) 213-2813 Monday through Thursday from 10 a.m. to 2 p.m. Technical and product support is offered by Tyler Technologies on their user support page.
Accessing Electronic Court Records
re:SearchMaine is the new online search tool to access electronic case records, replacing the Maine eCourts Odyssey Portal. Attorneys and parties can access their own electronic case documents on re:SearchMaine. Members of the public can search and view the Registry of Action (ROA), that lists court events, for public cases that have been electronically filed. More information on how to access court records can be found on theAccessing Electronic Court Records web page.
The first phase of Maine eCourts was implemented in 2018 for traffic cases statewide, followed by the Bangor District Court, Penobscot County Superior Court, the statewide Business and Consumer Docket (BCD) in 2020, and the Lewiston District Court and Androscoggin Superior Court in 2023.
To learn more about Maine eCourts, visit: https://www.courts.maine.gov/ecourts/index.html
To stay informed about eFiling and other news from the Judicial Branch, sign up at: https://www.courts.maine.gov/news/signup.html
Contact:
Barbara Cardone, Esq., Director of Legal Affairs and Public Relations
Barbara.Cardone@courts.maine.gov
207-213-2803 (office)
Judicial Branch Is Adding Protection from Abuse and Harassment Cases in Courts that have Implemented eFiling
Date: 5/8/2024
The Maine Judicial Branch announced today that it is adding two additional case types to the list of cases that can be eFiled in courts that have implemented Maine eCourts - Protection from Abuse (PA) and Protection from Harassment (PH) cases.
Beginning June 10, 2024, attorneys filing PA and PH cases in Bangor, Lewiston, Rumford, Farmington, and South Paris courts will be required to eFile using the eFileMaine platform. People who file for a Protection Order without an attorney will not be required to eFile and can continue to file for a Protection Order as they do now by paper, in person at the courthouse, or by email.
"The addition of Protection Order cases to the list of civil cases available in Maine eCourts required extensive collaboration over many months with our partners in the law enforcement community," said State Court Administrator Amy Quinlan. We are grateful to the Access Integrity Unit team at the Department of Public Safety for their cooperation and tenacity in helping integrate eCourts with their system, commonly referred to as the "Metro switch.""
Maine eCourts is a suite of applications and web-based tools that harnesses Tyler Technologies' Enterprise Justice Software for managing court dockets and hearings, storing digital case files, electronic filing, and online payments. The new system continues to be rolled out incrementally to courts across the state. To date, Maine eCourts and eFiling has been implemented statewide for traffic cases, statewide for the Business and Consumer Docket (BCD), and in Bangor, Lewiston, Auburn, Rumford, Farmington, and South Paris courts for family and civil case types.
Members of the Maine eCourts project team will hold a virtual presentation on the addition of PA and PH case types at noon on Wednesday, May 15, 2024. For a link to join, please visit the Maine eCourts web page: https://www.courts.maine.gov/ecourts/efile-resources.html.
To stay informed about Maine eCourts and other news from the Judicial Branch, please subscribe here: https://www.courts.maine.gov/news/signup.html
Contact:
Barbara Cardone, Esq., Director of Legal Affairs and Public Relations
Barbara.Cardone@courts.maine.gov
207-213-2803 (office)
Supporting documents
TEMPORARY CLOSURE NOTICE: NO PUBLIC PARKING IN THE CUMBERLAND COUNTY PARKING GARAGE
Date: 5/9/2024
Beginning May 14, 2024, the Cumberland County Parking Garage at 192 Newbury Street, Portland, Maine will be under construction and closed to the public. There will be no public parking at the Cumberland County Parking Garage until the renovations are completed. Renovations may take months.
Alternate public parking options are available here: https://www.portlandmaine.gov/296/Parking.
Accessible Parking is available on-street only. Vehicles with disability plates or placards do not have to pay parking meter fees at on-street meters and can stay for twice the posted time limit, per State law. Fees for parking in off-street lots and in garages must be paid, even with a disability plate or placard.
ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation, contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk.
Morton A. Brody Distinguished Judicial Service Award 2024
Date: 5/16/2024
Nominations are requested for the 2024 Morton A. Brody Distinguished Judicial Service Award.
The award, established in 2000, is given biennially by the Colby College Board of Trustees to a United States federal judge, or state judge, in memory of the Honorable Morton A. Brody, U.S. District Court Judge for the District of Maine. It includes the delivery of the Brody Address and participation in an event sponsored by Colby's Goldfarb Center for Public Affairs which will occur in November 2024 in Rockport, Maine.
More information about the award can be found on the United States District Court for the District of Maine website here: https://www.med.uscourts.gov/news/morton-brody-distinguished-judicial-service-award-nominations-%E2%80%93-2024.
The nomination form can be found on the Goldfarb Center for Public Affairs at Colby College website here: https://goldfarbcenter.colby.edu/events/morton-a-brody-distinguished-judicial-service-award/.
SJC invites comments on proposed amendments to the Maine Rules of Appellate Procedure regarding motions for reconsideration and page numbering in briefs and appendices. Comments due by June 14, 2024.
Date: 5/17/2024
The Maine Supreme Judicial Court invites comments on proposed amendments to the Maine Rules of Appellate Procedure that would (1) clarify the procedures for motions for reconsideration of procedural orders and motions for reconsideration of final decisions and (2) require the pages in briefs and appendices to be sequentially numbered using Arabic numerals throughout so that the page numbers on a brief or appendix correlate with the page numbers in the pdf version of the brief or appendix.
The proposed amendments are available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, June 14, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: May 17, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
SJC invites comments on a proposed amendment to the Maine Bar Admission Rules regarding applicant interviews. Comments due by June 14, 2024
Date: 5/17/2024
The Maine Supreme Judicial Court invites comments on a proposed amendment to Rule 9(c)(2) of the Maine Bar Admission Rules that would formalize the procedures of the Board of Bar Examiners for interviewing an applicant as part of an investigation into the applicant's character and fitness.
The proposed amendment is available at the links below.
Any comments must be filed with the Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, June 14, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: May 17, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Judicial Branch Courts will be closed on Monday, May 27, 2024 to commemorate Memorial Day.
Date: 5/24/2024
Courts will re-open on Tuesday, May 28 at 8:00 a.m.
Applications Open for the 2024 Access to Justice Tax Credit Program
Date: 5/30/2024
The Maine Justice Foundation announced that applications for the 2024 Access to Justice Program will open on June 1 through June 17, 2024.
Learn more about the program and how to apply on the Maine Justice Foundation website here:
Judicial Branch Adds Protection from Abuse and Harassment Cases to eFileMaine
Date: 6/10/2024
The Maine Judicial Branch announced today that it has added Protection from Abuse (PA) and Protection from Harassment (PH) cases to eFileMaine, the electronic filing platform currently in use for most civil and family cases in Bangor, Lewiston, Rumford, Farmington, and South Paris courts.
Attorneys and staff who file in these court locations are now required to eFile PA and PH cases using the eFileMaine platform. Attorneys should be familiar with the Maine Rules of Electronic Court Systems (MRECS) including the provisions that allow exemptions to the eFiling requirement when appropriate. People who file for a Protection Order without an attorney are not required to eFile and can continue to file for a Protection Order as they do now - by paper, in person at the courthouse, or by email.
Attorneys and parties who have eFiled PA and PH cases using the eFileMaine platform can access their cases in re:SearchMaine. Information on accessing electronic records can be found at https://www.courts.maine.gov/ecourts/access.html.
Maine eCourts is a suite of applications and web-based tools that harnesses Tyler Technologies' Enterprise Justice Software for managing court dockets and hearings, storing digital case files, electronic filing, and online payments. The new system continues to be rolled out incrementally to courts across the state. To date, Maine eCourts and eFiling has been implemented statewide for traffic cases, statewide for the Business and Consumer Docket (BCD), and in Bangor, Lewiston, Auburn, Rumford, Farmington, and South Paris courts for family and civil case types.
Please visit the Training and Resources web page for information on how to successfully eFile using eFileMaine: https://www.courts.maine.gov/ecourts/efile-resources.html.
To stay informed about Maine eCourts and other news from the Judicial Branch, please subscribe here: https://www.courts.maine.gov/news/signup.html.
Supporting documents
Judicial Branch Statement Regarding Not Building Ellsworth Courthouse on Current Site
Date: 6/14/2024
June 14, 2024, Augusta, Maine.
On April 30, 2024, Chief Justice Valerie Stanfill and several members of the Maine Judicial Branch (MJB) met with a group of citizens to hear concerns and suggestions about locating the new Hancock Judicial Center at 120 Surry Road in Ellsworth. The MJB is grateful to those who took the time to participate in that meeting and to share their thoughts and ideas.
Many at the meeting articulated a preference for keeping the courthouse at its current location. The original concept of incorporating the adjacent land to build a modern-day courthouse facility was rejected after land surveys and preliminary environmental assessments revealed significant issues regarding ledge and wetlands. Excessive costs and the numerous compromises to access, programs, and safety that would be required to fit the new facility in the limited adjacent space are too many to overcome. The MJB is focused on providing a facility that is accessible, safe, and dignified, and can serve the needs of all citizens of Ellsworth and Hancock County for decades to come.
We are continuing to evaluate the concerns that were raised about the 120 Surry Road site. We will share more information throughout the process and continue to welcome input from the citizens who will be served by the new facility.
Supporting documents
Release on Ellsworth Courthouse Site
Judicial Branch courts will be closed Wed., June 19, 2024
Date: 6/17/2024
Judicial Branch courts and the Administrative Office of the Courts will be closed Wednesday, June 19, 2024 in observance of Juneteenth and will reopen Thursday, June 20 at 8:00 a.m.
Judicial Branch Statement Regarding Leein Hinkley
Date: 6/17/2024
The events that unfolded on Russell Street in Auburn this past weekend are tragic. It is dangerous and short-sighted to blame the court for the horrific acts because it obscures the real nature of the problem: an insufficient number of attorneys willing to represent the rights of the accused. The crisis of lack of counsel has been developing for years; it will not disappear overnight. This is a systemic problem and one that all partners in the criminal justice system must work together to resolve rather than criticizing each other without offering a solution.
Leein Hinkley was arrested and seen by the court on May 24, 2024. The court ordered him to be held without bail on an alleged probation violation as well as high bail on new charges and ordered a court-appointed attorney to be assigned to him, as required by the Sixth Amendment to the US Constitution. No attorney was available. He was seen again on May 31; still no attorney was available to represent him. On June 7, he was seen again. There was still no attorney available, and the court found that this was a violation of Hinkley's constitutional rights. Finally, when he was brought before the court again on June 12, and still no attorney was available, the court made the decision to reduce his bail, with significant conditions, as a remedy for the ongoing violation of Hinkleys constitutional rights.
In Maine, indigent legal defense services are delivered by the Maine Commission on Public Defense Services (MCPDS), and not by the court. MCPDS is charged by statute with maintaining a sufficient number of attorneys on their rosters so that the court may make initial assignments of attorneys. MCPDS has had difficulty recruiting attorneys in recent years despite a substantial increase in hourly rates. Because there are too few lawyers on the rosters, the trial court is frequently unable to assign constitutionally required counsel for defendants who have been charged with crimes.
"As I have highlighted before, the lack of appointed counsel in this state is a constitutional crisis," said Chief Justice Valerie Stanfill. As a result, every day judges must make extraordinarily difficult decisions, balancing the constitutional rights of the accused with the needs of the public. While prosecutors argue for defendants to continue to be incarcerated before trial and defense attorneys argue for charges to be dismissed, the burden falls on our dedicated judges to make the hard decisions in each case. Our system of justice depends on all the parts of the system being adequately resourced so that the parts can work together toward a just end for everyone. If one or more of the parts is inadequately funded, or missing altogether, the system will break down.
The constitutional rights of the accused are not a matter of convenience. Those rights are in place to protect the accused and to ensure a fair system of justice. Both the United States Supreme Court and the Maine Supreme Judicial Court have made clear that the trial court must act as the protector of the defendants right to counsel. Our courts cannot hold an unrepresented defendant in jail for an indeterminate period of time while waiting for counsel to be appointed. Such unchecked power is contrary to the principles of justice established in both our federal and state constitutions. Unless and until we have enough defense attorneys available to represent accused people, our system will continue to malfunction.
Supporting documents
Judicial Branch courts will be closed July 4th & 5th
Date: 7/1/2024
Judicial Branch courts and the Administrative Office of the Courts will be closed July 4 and July 5, 2024 in observance of Independence Day.
Upcoming Court Interpreter Orientation
Date: 7/8/2024
The Court Interpreter Orientation is scheduled for July 29 & 30, 2024, at a location TBD in Portland, ME.
Please click the link to register: https://forms.gle/t4PyxTbXxhsu6W9W8
To learn more about becoming a court interpreter, please visit the Information for Interpreters web page at https://www.courts.maine.gov/info/interpreters.html.
Judicial Branch Recognizes Employees for Outstanding Work
Date: 7/9/2024
Supreme Judicial Court Chief Justice Valerie Stanfill and State Court Administrator Amy Quinlan hosted an award luncheon celebrating the contributions of Judicial Branch employees and teams to advance the work and mission of the Judicial Branch. This year's awards, the first presented since the COVID-19 pandemic, were coordinated by the newly constituted Judicial Branch Employee Action Committee, comprised of staff representing every area and department within the Judicial Branch. The committee received well over 100 total nominations in the six categories for which awards were given.
CATEGORIES ROOKIE OF THE YEAR AWARD A new employee who has less than three years of service, has demonstrated outstanding work ethic, shows promise and excels in tasks, works well with other team members, and has demonstrated commitment to excellent service.
Recipient: Karie Quirino, Associate Clerk, Presque Isle
SERVICE ROCKSTAR AWARD An employee who on a day-to-day basis, provides excellent customer service with internal or external customers, has excellent communication skills, is conscientious, maintains a positive and professional attitude, and displays patience, empathy, and adaptability.
Recipient: Mark Veilleux, Associate Systems Administrator, Office of Information & Technology, Administrative Office of the Courts, Augusta
SUPER SQUAD AWARD A group of people that work together to solve a problem or have positively impacted their organization or helped achieve organizational goals. The group has actively demonstrated by example, excellent teamwork, collaboration, and problem-solving skills. Nominees can be a traditional department team/group or a combination of talents from different units that work together and make a positive impact.
Recipient: Androscoggin County Clerks Office Andy Frechette, III, Clerk of Court Joline Chaloux, Robbin Rittie, Randeelynn Smith, Sandra Therrien, Linda Mason, Michelle Haggan, Jessica Guimond, Caitlan Campbell, Amy Jo Doyle, Kayla Pittman-Cahill, Beth Asselin, Jennifer Galloway, Lynn Levesque, Cara Thibodeau, Abby Roy, Aryz Terlaje, Amy Carman, April Whitney, Michael Teriault
UNSUNG HERO AWARD Someone you may not interact with daily but has had a positive influence on a person, program, or organization in a way that may not be visible to all. This individual is a stable and dependable resource that has made a positive impact, goes above & beyond everyday expectations, and may not have received recognition.
Recipient: Nickole Wesley, Communications Access Specialist, Office of Court Access, Administrative Office of the Courts, Portland
ROY RICE AWARD The person, group, or organization that has made an outstanding contribution to the safety and the well-being of the employees of the Judicial Branch and/or those persons who participate in court activities.
Recipient: Lewiston District Court Judicial Marshals Chief Deputy Mark Tibbetts, Sergeant John Irving, Deputy Marshal Gabriel Lovering, and Deputy Marshal Chris Ivers
MOVER OF MOUNTAINS AWARD An employee who should be considered "Player of the Year," always has a positive attitude, goes above & beyond, has three (3) or more years of service, demonstrates exceptional performance, shows courtesy to fellow employees, and has demonstrated commitment to excellent service.
Recipient: Diana Durgin, Clerk of Court, Penobscot County Courts, Bangor
In presenting this years awards, Chief Justice Stanfill said, I am honored to work alongside these and other colleagues at the Judicial Branch. Their dedication, passion, and excellence makes the Judicial Branch the special place that it is to work. All of us at the Judicial Branch are proud to serve the people of Maine to advance the mission of administering justice in an accessible, safe, efficient, and impartial manner every day.
Contact: Barbara Cardone, Esq., Director of Legal Affairs and Public Relations Barbara.Cardone@courts.maine.gov 207-213-2803 (office)
Supporting documents
Chief's Awards Press Release (PDF)
Maine Justice Foundation Announces Recipients of the 2024 Access to Justice Tax Credit Program
Date: 8/1/2024
The Maine Justice Foundation (MJF), which administers the Access to Justice Tax Credit Program, has announced recipients for 2024.
Read the release on the MJF website here: https://justicemaine.org/uncategorized/maine-justice-foundation-awards-the-third-access-to-justice-tax-credit/.
SJC invites comments on proposed amendment to the Maine Bar Admission Rules regarding temporary permission to practice with the Maine Commission on Public Defense Services. Comments due by August 23, 2024.
Date: 8/2/2024
The Maine Supreme Judicial Court invites comments on the proposed adoption of Rule 11C of the Maine Bar Admission Rules and the proposed repeal of Rule 89(c) of the Maine Rules of Civil Procedure that would (1) move the current provisions of Maine Rule of Civil Procedure 89(c) to the new Maine Bar Admission Rule 11C, (2) add provisions authorizing temporary permission to practice for an attorney who is a member in good standing of the Bar of any other state or of the District of Columbia if that attorney is employed by the Maine Commission on Public Defense Services and has completed the Commission's minimum standard training, and (3) properly identify the Executive Clerk of the Supreme Judicial Court, rather than the Clerk of the Law Court, as the person who will accept filings.
The proposed amendments are available at the links below.
Any comments must be filed with the Executive Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, August 23, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: August 2, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Proposed M. Bar Admiss. R. 11C
Proposed repeal of M.R. Civ. P. 89(c)
SJC invites comments on proposed amendment to the Maine Code of Judicial Conduct regarding application of the Code to candidates for nomination to a judicial office. Comments due by August 23, 2024.
Date: 8/2/2024
The Maine Supreme Judicial Court invites comments on a proposed amendment to the Maine Code of Judicial Conduct that would make clear that the Code applies to a lawyer seeking a judicial appointment beginning when the lawyer is nominated.
The proposed amendments are available on the Court's website at the link below.
Any comments must be filed with the Executive Clerk of the Supreme Judicial Court by 4:00 p.m. on Friday, August 23, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: August 2, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Updated Aug. 12, 2024: SJC invites comments on proposed amendments to the Maine Rules of Small Claims Procedure regarding service of the statement of claim and notice of disclosure hearing. Comments due by September 4, 2024.
Date: 8/7/2024
The Maine Supreme Judicial Court invites comments on proposed amendments to Rules 4 and 12 of the Maine Rules of Small Claims Procedure. The amendments to Rule 4 would (1) employ simpler language, (2) provide for service by alternate means upon motion and a showing that service cannot with due diligence be made by another prescribed method, (3) update cross-references, (4) provide for the clerk to return paperwork when service cannot be completed by acknowledgment under subdivision (a)(1), and (5) provide a process for requesting that the court pay service costs under M.R. Civ. P. 91(c).
The amendments to Rule 12 would (1) distinguish more finely between the method for service by a judgment creditor and the method for service by the clerk; (2) clarify the notice requirements for the two types of service; (3) update references to Rule 4, to which proposed changes are pending; (4) update the rule's language for precision, and (5) specify the process to be employed when the court has approved a judgment creditors request to have service costs paid by the court pursuant to M.R. Civ. P. 91(c).
The proposed amendments are available at the links below.
Any comments must be filed with the Executive Clerk of the Supreme Judicial Court by 4:00 p.m. on Wednesday, September 4, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerk's Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Any person or organization who wishes to comment on both the proposed amendments to Rule 4 and the proposed amendments to Rule 12 is encouraged to submit one set of comments covering both proposals.
Comments are public documents and may be posted on the Courts website.
Dated: August 7, 2024
Updated: August 12, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Proposed amendments to Rule 12
pdf version of notice regarding Rule 4
pdf version of notice regarding Rule 12
SJC invites comments on a proposed amendment to the Maine Bar Rules that would provide CLE credit for pro bono service. Comments due by September 25, 2024.
Date: 8/28/2024
The Maine Supreme Judicial Court invites comments on a proposed amendment to Rule 5 of the Maine Bar Rules that would provide continuing-legal-education credit for an attorney's qualifying pro bono publico service.
The proposed amendment is available at the link below.
Any comments must be filed with the Executive Clerk of the Supreme Judicial Court by 4:00 p.m. on Wednesday, September 25, 2024. Comments may be in writing, mailed to the address below, or in an email sent to lawcourt.clerk@courts.maine.gov. If the comments are in an attachment to the email, the attachment must be a document in native (text-based and not scanned) portable document format (.pdf). The Clerks Office will acknowledge receipt of the email via reply email.
All comments must contain (1) the name and mailing address of the individual submitting the comments and (2) the name, mailing address, and primary telephone number of the organization (if any) on whose behalf the comments are submitted. An individual need not be an attorney to submit comments individually or on behalf of an organization.
Comments are public documents and may be posted on the Courts website.
Dated: August 28, 2024
Matthew Pollack
Executive Clerk
Maine Supreme Judicial Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
Supporting documents
Judicial Branch Courts Closed Monday, September 2, 2024
Date: 8/30/2024
All Maine Judicial Branch courts and the Administrative Office of the Courts will be closed Monday, September 2, 2024 in observance of Labor Day.
Courts will re-open Tuesday, September 3, 2024 at 8:00 a.m.
Supreme Judicial Court to Hold Oral Arguments at Three Maine High Schools
Date: 10/1/2024
The Supreme Judicial Court will hold court and hear a total of nine cases at three Maine high schools next week.
On Tuesday, October 8, beginning at 9:00 a.m., the Court will visit Messalonskee High School in Oakland to hear arguments in three appellate cases. Representative Bob Nutting extended the invitation to the Law Court. The three cases are scheduled to begin at 9:00 a.m., 10:00 a.m., and 11:00 a.m.
The Court will hear three appeals at Deering High School in Portland on Wednesday, October 9 at the invitation of Representative Sam Zager. The Court will follow the same schedule with the first oral argument starting at 9:00 a.m., the second at 10:00 a.m., and the third at 11:00 a.m.
And on Thursday, October 10, the Court will hear three cases at Lewiston High School at the invitation of Senator Peggy Rotundo and Representative Kristen Cloutier. Again, the schedule indicates that the first case starts at 9:00 a.m.
Students receive copies of the briefs in advance and, after each argument, the lawyers stay to answer questions from interested students. When the cases are decided, the schools receive a link to the decisions to share with the students.
Beginning in 2005, the Court has held oral arguments in actual appellate cases at over 40 Maine high schools around the state. In each school, the gymnasium, cafeteria, or auditorium is turned into a courtroom for the morning so that the students can observe the appellate process. The Court has visited schools from York County to Aroostook County; from Oxford County to Washington County; and many places in between.
Chief Justice Valerie Stanfill said, "We hope that providing real-time exposure to the third branch of government supplements the students' civics education and exposes Maine learners to the concept of justice. The practice of appellate law is rarely seen on television or in the movies. Creating a courtroom environment in a high school takes great effort on the part of the school administration and staff and we appreciate their extensive efforts. We also enjoy getting out of the courtroom and into the community."
The press is welcome to attend. The case schedule has been posted on the Courts website here.
Live video streaming of these cases, and all other Supreme Judicial Court oral arguments, is available here.
If interviews or photographs are desired while the Court is at the schools, please contact Julie Finn beforehand to schedule an interview at the below email address. Photographs and video of students are subject to the rules of the high school, and the press is requested to contact school officials directly.
Contact: Julia Finn, Esq.
Phone: (207) 822-0767 (office)
Email: julia.finn@courts.maine.gov
Supporting documents
Judicial Branch courts will be closed Monday, October 14, 2024
Date: 10/10/2024
The Judicial Branch, including all Maine state courts and the Administrative Office of the Courts, will be closed in observance of Indigenous Peoples' Day on Monday, October 14, 2024. Courts will re-open Tuesday, October 15 at 8:00 a.m.
Judicial Branch Courts to be Closed on Monday, November 11
Date: 11/8/2024
Judicial Branch courts and the Administrative Office of the Courts will be closed on Monday, November 11, 2024 in observance of Veterans' Day.
Courts will re-open on Tuesday, November 12 at 8:00 a.m.
Judicial Branch Thanksgiving Schedule
Date: 11/27/2024
All Judicial Branch courts and the Administrative Office of the Courts will be closed for Thanksgiving Day and Friday, November 29, 2024. Courts and the AOC will reopen Monday, December 2, 2024. Happy Thanksgiving to all.
Judicial Branch Announces Expansion of eFiling to include Criminal and Juvenile Cases in Lewiston and Auburn Courts
Date: 12/10/2024
The Maine Judicial Branch announced today that it is preparing to "go live" with eFileMaine for criminal cases in the Androscoggin County Unified Criminal Docket (UCD) located in the Auburn Superior and Lewiston District Courts, and juvenile cases in Lewiston District Court. The Judicial Branch expects to have eFileMaine ready in March of 2025. With the addition of criminal and juvenile cases, the implementation of Maine eCourts and eFiling will reach a significant milestone: Lewiston and Auburn courts will be the first State courts to fully implement all case types in the new electronic case management system.
Supreme Judicial Court Chief Justice Valerie Stanfill emphasized the significance of this implementation, stating, "The addition of criminal and juvenile case types in Lewiston and Auburn is a pivotal moment. It will allow us to accelerate our end goal of reducing paper, improving efficiencies, and eliminating antiquated systems statewide by enabling us to implement the full complement of case types in each trial court over the next couple of years."
Chief Justice Stanfill acknowledged the challenges in moving away from conventional filing. "One of the reasons we are announcing the implementation of eFiling for criminal and juvenile cases three months before our scheduled go live is that we recognize the need for additional training and support resources to assist attorneys and staff who will be transitioning from conventional filing to eFiling. We will be announcing a training schedule soon."
Attorneys and State and local government entities, except for law enforcement, will be required to use eFileMaine to electronically file documents in criminal and juvenile cases in Lewiston and Auburn courts when the system launches in March 2025. Self-represented litigants will not be required to eFile and may continue to file documents with the court as they do today.
In addition to Lewiston and Auburn courts, eFiling is currently available for all civil and family cases in the Business and Consumer Docket, Bangor courts and in Rumford, South Paris, and Farmington District Courts.
About Maine eCourts
Maine eCourts is a suite of applications and web-based tools that use Tyler Technologies' Enterprise Justice Software. The system allows for the management of court dockets and hearings, storage of digital case files, eFiling, and online payments. eFileMaine is Maine's version of Tyler's File & Serve platform.
To learn more about Maine eCourts, visit https://www.courts.maine.gov/ecourts/index.html
To stay informed about eFiling and other news from the Judicial Branch, sign up at: https://www.courts.maine.gov/news/signup.html
Supporting documents
Judicial Branch Holiday Schedule
Date: 12/24/2024
The Judicial Branch will be closed from 2:00 p.m. Tuesday, December 24 through Wednesday, December 25 in observance of the Christmas Holiday. Courts and the Administrative Office of the Courts will re-open on Thursday, December 26, 2024 at 8:00 a.m.
All Judicial Branch facilities will be closed from 2:00 p.m. on Tuesday, December 31, 2024 through Wednesday, January 1, 2025 in observance of New Year's Day. Courts and facilities will re-open Thursday, January 2, 2025 at 8:00 a.m.
Law Court invites amicus briefs on appointment and authority of municipal park rangers. Amicus briefs due by January 27, 2025
Date: 12/31/2024
The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of City of Portland v. Marc A. Lesperance, Law Court docket number Cum-24-94. In June 2023, a Park Ranger issued a Uniform Summons and Complaint to Marc A. Lesperance for having his dog off-leash in Baxter Woods between April 1 and July 31 in violation of sections 5-15(e)(1) and 5-17(a) of the Portland City Code. In February 2024, the District Court issued a judgment finding that Lesperance had committed the offense.
Lesperance appeals, arguing, inter alia, that a Park Ranger who is appointed as a constable under City Code sections 20-19 and 20-19.5 is not an "officer authorized to enforce a statute or ordinance" as that term is used in M.R. Civ. P. 80H and therefore is not authorized under that rule to commence a civil violation proceeding by filling out and serving a citation. Specifically, Lesperance argues that the City did not properly appoint the Park Ranger as a constable because the City did not investigate the Park Ranger's qualifications and background and because the Park Ranger did not satisfy the training requirements for law enforcement officers. See 30-A M.R.S. § 2673 (Constables shall be appointed in the same manner and with the same effect as special police officers under [30-A M.R.S. § 2672].); 30-A M.R.S. § 2672 (permitting municipalities to appoint special police officers as provided in [30-A M.R.S. § 2671(1)]); 30-A M.R.S. § 2671(1) (requiring investigation into a candidates qualifications and background prior to his/her appointment as a law enforcement officer and stating that [a]n appointed law enforcement officer is subject to the training requirements of Title 25, chapter 341, which governs the Maine Criminal Justice Academy).
The Court invites amicus briefs on the following issues:
The parties briefs and the appendix are available at the links below.
An amicus brief may be filed by or on behalf of any individual, entity, or group of individuals and/or entities without separate leave of the Court. Any amicus brief must comply with M.R. App. P. 7A and must be filed pursuant to M.R. App. P. 7(c) on or before January 27, 2025. The electronic copy must be sent to lawcourt.clerk@courts.maine.gov.
Dated: December 31, 2024
Matthew Pollack
Clerk of the Law Court
205 Newbury Street Room 139
Portland, Maine 04101
(207) 822-4146
lawcourt.clerk@courts.maine.gov