An Act To Expand the Powers and Authority of Case Management Officers in the Family Division
Maine Legislature, Session 121, LD 0741
Committee: Judiciary
Sponsors: TARDY, BRYANT-DESCHENES, BULL, CARR, DUPREY, NORBERT, SHERMAN

Legislative Document 
No. 741 
H.P.547 
House of Representatives, February 14,2003 
An Act To Expand the Powers and Authority of Case Management 
Officers in the Family Division 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative TARDY of Newport. 
7J1~ 
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Mll..LICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BRYANT-DESCHENES of Tumer, BULL of Freeport, 
CARR of Lincoln, DUPREY of Hampden, NORBERT of Portland, SHERMAN of Hodgdon . 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA *183, as enacted by PL 1997, c. 269, §1 and 
affected by §2, is amended to read: 
SIB3. Family Division of District Court 
There is established wi thin the District Court 
a 
Family 
Division that has 
jurisdiction over 
family matters 
filed in 
District Court. 
The Family Division shall provide a system of 
justice that is responsive to the needs of families 
and the 
support of their children. 
The Supreme Judicial Court may adopt 
administrative orders and court rules governing the practice, 
procedure 
and 
administration of 
the 
Family 
Division. 
These 
practices and procedures must include, but are not limited to, 
education for the parties, case management and referral services 
to mediation and other alternate dispute resolution techniques. 
1. 
Family law magistrates. 
The Chief Judge of the District 
Court, with the approval of the Chief Justice of the Supreme 
Judicial Court, shall employ family ease-~--~ffieeFs law 
magistrates. 
In selecting family 
ease-~--eEE:ieeFs law 
magistrates, the Chief Judge shall give proper consideration to 
achieving statewide geographical 
representation ln the 
Family 
Division. 
A. 
Family 
ease-maRa~effieRt:-e.f:f:ieeFs law magistrates must be 
members of the Bar of this State and must have experience in 
the area of family law. 
Other qualifications may include 
interest, 
training or experience in mediation 
and other 
alternate dispute resolution techniques, domestic violence, 
child development, family dynamics and case management. 
B. 
Family ease--manaqement.--eff:ieeFs law magistrates shall 
devote 
themselves 
solely to 
the official duties of 
the 
position. 
They may not engage in the private practice of 
law or in any employment, occupation or business interfering 
with or inconsistent with the discharge of their duties. 
The Chief Judge of the District Court shall determine the 
salary 
of 
the 
family 
ease--~---e.f:f:ieeFs 
law 
magistrates. 
C. 
Family 
ease--ffiaHa~effieH~--~ffieeFs law magistrates 
are 
governed by the Maine Code of Judicial Conduct. 
Family ease 
ffiaRa~effieH~-eff:ieeFs law magistrates serve at the pleasure of 
the Chief Judge of the District Court. 
D. 
Family ease--manaqement,--effieeFs law magistrates shall 
employ 
appropriate 
case 
management 
techniques 
and 
have 
jurisdiction to hear and dispose of the following matters: 
Page l-LR1234(1) 
.. 
... 
(1) 
Interim 
establishment, 
support; 
orders 
in 
modification 
actions 
involving 
the 
or 
enforcement 
of 
child 
(2) 
Interim orders in actions involving divorce, legal 
separation, 
paternity or 
parental 
rights, 
including 
interim orders in post-judgment proceedings arising out 
of 
these 
actions, 
except 
that 
a 
contested 
motion 
concerning 
interim 
parental 
rights 
and 
responsibilities, 
excluding 
interim 
child 
support 
orders, may be determined by the family ea6e-ffiaRa~effieRt 
eEEieeF law magistrate only if both parties consent to 
determination of the issue or issues in dispute by the 
family ea6e-ffiaBa~effieRt-eE~ieeF law magistrate; 
(3) 
Final orders 
subparagraphs 
(1) 
uncontested; 
in any of the 
and 
(2) 
when 
matters included 
the 
proceeding 
in 
is 
(4) 
Final orders in a contested proceeding when child 
support is the only contested issue; aRa 
(4-A) 
Final orders in divorces involving any issue 
that the parties have consented to submit to the family 
law magistrate for determination; 
(4-B) 
Applications 
for 
writs 
of 
habeas 
corpus 
to 
facilitate the attendance of proceedings by and return 
of a party who is incarcerated: 
( 4-C) 
Requests for access to confidential Department 
of Human Services child protective records. 
The family 
law 
magistrate 
may 
review 
records 
in 
camera 
to 
determine access; and 
(5) 
Other actions assigned by the Chief Judge of the 
District Court. 
E. 
Interim 
orders 
in 
any 
of 
the 
matters 
included 
in 
paragraph 
D, 
subparagraphs 
(1) 
and 
(2) 
are 
effective 
immediately and are subject to de novo review by a judge at 
the final hearing. 
Final orders 
in any of the matters 
included in paragraph 
D, 
subparagraphs 
(3) 
and 
(4) 
are 
subject to appellate review in the same manner as any final 
order of the District Court. 
The family 
ea6e-~R-~effieRt 
e~~ieeF law magistrate shall 
inform the parties of 
the 
rights of review established in this paragraph. 
F. 
Family law magistrates have the same contempt powers as 
judges and justices of the Judicial Department. 
G. 
The Chief Judge of the District Court may allow family 
law magistrates 
to 
wear 
robes 
when 
presiding 
over 
any 
proceeding. 
2. 
Additional staff. 
The State Court Administrator shall 
provide other necessary staff to the Family Division. within the 
limits of funds available. and shall seek to take full advantage 
of federal funding. including reimbursements. 
3. 
Reports. 
The 
State 
Court 
Administrator 
shall 
keep 
statistical records relating to the cases handled by the Family 
Division and report this information to the 
Supreme Judicial 
Court 
annually 
and 
to 
the 
joint standing 
committee 
of 
the 
Legislature having jurisdiction over judiciary matters by January 
15th of each odd-numbered calendar year. 
A. 
The 
State 
Court 
Administrator 
shall 
evaluate 
the 
functioning 
of 
the 
family 
ea6e--maRa~emeRt--effieet6 law 
magistrates 
in 
providing 
a 
system 
of 
justice 
that 
is 
responsive to the needs of families and the support of their 
children in light of the jurisdiction given to the family 
ea6e--~--effi€et6 
law 
magistrates 
under 
this 
section. 
The State Court Administrator shall report to the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over judiciary matters no later than January 
15. 
1999 with recommendations. 
if any. 
for 
changing the 
duties provided in subsection 1. paragraph D. 
B. 
The State Court Administrator shall report to the joint 
standing committee of the Legislature having jurisdiction 
over judiciary matters by January 15. 
1999 explaining the 
justification for the particular geographic assignments of 
the family ea6e-maRa~emeRt-effieet6 law magistrates. 
SUMMARY 
This bill makes several changes to the law governing the 
Family Division of the District Court. 
It revises the title of family case management officers to 
family law magistrates. 
This bill also authorizes family law magistrates to grant 
requests for access to confidential child protective records held 
by the Department of Human Services. 
Under such a 
"Clifford 
order." the family 
law magistrate may 
review the 
records 
in 
camera to determine which records. if any. may be inspected. 
t 
• 
This bill authorizes the family 
habeas corpus writs when 
a party is 
secure the presence of that party to a 
the party to the place of incarceration 
law magistrates to issue 
incarcerated in order to 
proceeding, and to return 
after the proceeding. 
This bill also gives the family law magistrates jurisdiction 
to hear and issue final orders in divorces covering any issues to 
which the parties have consented that the family law magistrate 
decide. 
The Chief Judge of the District Court may authorize 
family law magistrates to wear 
robes when presiding over 
proceeding. 
Family 
law 
magistrates 
are 
given 
the 
power 
contempt that judges and justices currently have . 
the 
any 
of