An Act To Give Superior Court Clerks and Deputy Clerks the Authority To Issue Process for the Arrest of Persons Charged with Crimes
Maine Legislature, Session 122, LD 2002
Committee: Judiciary
Amends: 4 MRSA §107-A

Legislative Document 
No. 2002 
H.P.1404 
House of Representatives, February 8, 2006 
An Act To Give Superior Court Clerks and Deputy Clerks the 
Authority To Issue Process for the Arrest of Persons Charged with 
Crimes 
(EMERGENCY) 
Reported by Representative SIMPSON of Auburn for the Criminal Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 17-A, section 1354, subsection 2. 
Reference to the Committee on Judiciary suggested and ordered printed under Joint Rule 
218. 
Printed on recycled papt:r 
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MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Supreme Judicial Court made changes effective January 1,2006 in the 
Maine Rules of Criminal Procedure and in trial court procedures regarding the initiation 
in the Superior Court of trials of felony and related misdemeanor crimes; and 
Whereas, as a consequence of these changes to the court rules and procedures, it is 
necessary that this legislation be enacted as an emergency in order that it take effect 
immediately; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §107-A is enacted to read: 
§107-A. Authority of clerks to issue process for arrest of persons 
The Chief Justice of the Superior Court may authorize any clerk or deputy clerk of 
the Superior Court to issue process for the arrest of persons charged with crimes if the 
Chief Justice of the Superior Court is satisfied that the clerk or deputy clerk has the 
necessary training and learning to perform that function. When authorized by the Chief 
Justice of the Superior Court to issue process and acting in that capacity, the clerk or 
deputy clerk is considered a justice of the peace with the same authority as a District 
Court clerk or deputy clerk described in section 161. A clerk or deputy clerk who is 
authorized to issue process serves in that capacity at the pleasure of the Chief Justice of 
the Superior Court. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. 
SUMMARY 
In view of the changes to the court's rules and procedures regarding the initiation in 
the Superior Court of trials of felony and related misdemeanor crimes, effective January 
1, 2006, the purpose of this bill is to empower the Chief Justice of the Superior Court to 
grant to Superior Court clerks and deputy clerks the same statutory authority to issue 
process for the arrest of persons charged with crimes that has heretofore been given to 
District Court clerks. 
Specifically, the bill does the following. 
1. It allows the Chief Justice of the Superior Court to authorize any clerk or deputy 
clerk of the Superior Court to issue process for the arrest of persons charged with crimes 
if the Chief Justice of the Superior Court is satisfied that the clerk or the deputy clerk has 
the necessary training and learning to perform that function. 
2. It provides that the clerk or the deputy clerk, when authorized by the Chief Justice 
of the Superior Court to issue process and acting in that capacity, is considered a justice 
of the peace with the same authority granted to a District Court clerk or deputy clerk, as 
described in the Maine Revised Statutes, Title 4, section 161. 
3. It provides that a clerk or a deputy clerk who is authorized to issue process serves 
in that capacity at the pleasure of the Chief Justice ofthe Superior Court.