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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:
- 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?
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