An Act To Increase Access to Justice in Maine's Court System
Maine Legislature, Session 122, LD 1518
Committee: Judiciary
Sponsors: RICHARDSON, EDMONDS, BARSTOW, BISHOP, BLANCHEITE, BLISS, BOWEN, BOWLES, BRAUTIGAM, BURNS, CAIN, CLARK, CROSBY, CUMMINGS, CURLEY, DUCHESNE, DUDLEY, DUPLESSIE, EBERLE, FAIRCLOTH, FISCHER, GERZOFSKY, HOGAN, MARLEY, NORTON, NUTTING, PATRICK, PELLETIER-SIMPSON, PERCY, PERRY, PINGREE, PIOTTI, SAMPSON, SMITH, TARDY, TUTTLE, WATSON, WHEELER, WOODBURY, BRENNAN, GAGNON, HOBBINS, ROTUNDO

Legislative Document 
No. ISIS 
H.P.1065 
House of Representatives, March 30, 2005 
An Act To Increase Access to Justice in Maine's Court System 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Speaker RICHARDSON of Brunswick. 
Cosponsored by President EDMONDS of Cumberland and 
IJ'/~ 1J7. 7lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, BISHOP of Boothbay, BLANCHEITE of Bangor, 
BLISS of South Portland, BOWEN of Rockport, BOWLES of Sanford, BRAUTIGAM of 
Falmouth, BURNS of Berwick, CAIN of Orono, CLARK of Millinocket, CROSBY of 
Topsham, CUMMINGS of Portland, CURLEY of Scarborough, DUCHESNE of Hudson, 
DUDLEY of Portland, DUGA Y of Cherryfield, DUPLESSIE of Westbrook, EBERLE of 
South Portland, FAIRCLOTH of Bangor, FISCHER of Presque Isle, GERZOFSKY of 
Brunswick, HOGAN of Old Orchard Beach, MARLEY of Portland, NORTON of Bangor, 
NUTTING of Oakland, PATRICK of Rumford, PELLETIER-SIMPSON of Auburn, PERCY 
of Phippsburg, PERRY of Calais, PINGREE of North Haven, PIOTTI of Unity, SAMPSON of 
Auburn, SMITH of Monmouth, TARDY of Newport, TUTTLE of Sanford, WATSON of Bath, 
WHEELER of Kittery, WOODBURY of Yarmouth, Senators: BRENNAN of Cumberland, 
GAGNON of Kennebec, HOBBINS of York, ROTUNDO of Androscoggin. 
Pnntt:d 011 recyded paptr 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 4 MRSA §I22 is enacted to read: 
§122. 
Consumer and Commercial Division: pilot project 
1. 
Establisbment; jurisdiction. 
Beginning January 1, 2006, 
there is established within the Superior Court a Consumer and 
Commercial Division pilot project to administer business 
and 
technology disputes in a coordinated, efficient and responsive 
manner 
and 
to 
afford 
convenient 
access 
for 
consumers, 
entrepreneurs, attorneys, litigants and any person involved in 
business activities. 
The Consumer and Commercial Division pilot 
project, 
referred to in this section as "the division," has 
jurisdiction over: 
A. 
Notwithstanding section 152, subsection 4 and any other 
prov~s~on of 
law 
to 
the 
contrary, 
all 
small 
claims 
proceedings pursuant to Title 14, chapter 738; and 
B. 
If at least one party is a business entity organized 
under the lawG of this State or is a business entity with 
its principal place of business in this State, 
actions 
relating to, but not limited to: 
(1) 
The 
rights, 
duties 
and liabilities 
of 
equity 
owners, managers, officers, trustees and partners of a 
business entity; 
(2) 
The 
formation, 
sale or purchase or merger or 
conversion of a business entity; 
(3) 
Conduct invoking antitrust laws or laws governing 
unfair competition or interference with business or 
contractual relations, 
or agreements or arrangements 
among businesseG or between businesses and their agents 
or employees restraining competition; 
(4) 
Commercial transactions of all kinds, 
including 
those between businesses and consumers; 
(5) 
Environmental 
claims 
that 
involve 
a 
business 
entity; 
( 6) 
All matters regarding state regulatory issues of 
business and industry brought by any party, including 
consumers; 
(7) 
Claims involving mergers, consolidations, sales of 
assets, 
issuance 
of 
debt, 
eguity 
and 
other 
like 
interests of 
business 
enterprise 
and 
not-for-profit 
institutions; 
(8) 
Claims under the Uniform Commercial Code, if the 
claims involve complex factual or legal issues or are 
likely to reguire complex case management; 
(9) 
Claims 
ar~s~ng 
from 
transactions 
with 
banks, 
investment bankers, financial advisors, brokerage firms 
and mutual and money funds of all kinds, if the claims 
involve complex factual or legal issues or are likely 
to reguire complex case management; 
(10) 
Commercial, technological or consumer issues of 
such a complex or novel nature that the Chief Justice 
of the Superior Court determines that assignment to the 
division is likely to 
improve the administration of 
justice; and 
(11) 
Claims in other ares of jurisdiction adopted by 
administrative order or rule by the Supreme Judicial 
Court. 
2. 
Exclusions from jurisdiction. 
The division does not 
have 
jurisdiction over the following matters unless the case 
arises 
within 
the 
jurisdiction of 
small 
claims 
proceedings 
pursuant to Title 14, chapter 738: 
A. 
Matters subject to compulsory arbitration or to the 
exclusive jurisdiction of the District Court; 
B. 
Personal injury or wrongful death matters; 
C. 
Professional malpractice claims; 
D. 
Employment disputes other than those involving written 
contracts; and 
E. 
Employment discrimination. 
3. 
Administration of division. 
The Supreme Judicial Court 
may adopt administrative orders and court rules governing the 
practice, procedure and administration of the division. 
These 
practices and procedures may include, but are not limited to, 
education for the parties, case management and referral services 
to mediation and other alternate dispute resolution technigues. 
4. 
Business 
entity. 
For 
purposes 
of 
this 
section, 
"business entity" means a corporation, statutory trust. business 
trust or association, a real estate investment trust. a common 
law trust or 
any other unincorporated business, 
including 
a 
partnership in any form or a limited liahility company; or any 
other statutory business form. 
5. 
Repeal. 
This section is repealed July 1, 2008. 
PART B 
Sec. B-1. Consumer and Commercial Division Steering Committee 
established. 
The 
Consumer 
and 
Commercial 
Division 
Steering 
Committee, referred to in this Part as "the steering committee," 
is established to implement the Consumer and Commercial Division 
pilot project established in the Maine Revised Statutes, Title 4, 
section 122. 
1. 
Membership; vacancies; chair. 
Members of the steering 
committee, appointed to reflect the spectrum of stakeholders and 
to represent the full range of interests in the development of 
and 
success 
of 
the 
Consumer 
and 
Commercial 
Division 
pilot 
project, 
remain 
members 
of 
the 
steering 
committee 
for 
the 
duration of 
the 
pilot project unless 
they 
become 
unable 
to 
serve. 
In the event of 
a 
vacancy, 
the original 
appointing 
authority shall appoint a replacement. 
The steering committee 
consists of the following 15 members: 
A. 
The Chief Justice of the Supreme Judicial Court, or a 
designee, who serves as the chair; 
B. 
The Chief Justice of the Superior Court, or a designee; 
C. 
The Chief Judge of the District Court, or a designee; 
D. 
The State Court Administrator, or a designee; 
E. 
The Attorney General, or a designee; 
F. 
One member of the Senate, appointed by the President of 
the Senate: 
G. 
One member of the House of Representatives, appointed by 
the Speaker of the House of Representatives; 
H. 
Two 
appointed 
members 
by 
the 
of 
the 
Maine 
President 
of 
State 
the 
Bar 
Maine 
Association, 
State 
Bar 
Association, representing the 
practice 
involves 
issues 
development; 
interests of 
associated 
attorneys whose 
wi th 
business 
I. 
Three 
represent 
appointed 
appointed 
members of the public who have expertise in, and 
the interests of, Maine businesses, one of whom is 
by the President of the Senate and 2 of whom are 
by the Speaker of the House of Representatives; and 
J. 
Three members of the public 
of 
consumer 
litigants 
before 
including, 
but not limited to, 
consumer advocacy and access to 
indigent citizens, 2 of whom are 
of the Senate and one of whom is 
the House of Representatives. 
who represent the interest 
the 
courts 
on 
issues, 
environmental 
regulation, 
justice for low-income and 
appointed by the President 
appointed by the Speaker of 
2. 
Appointments; 
convening of steering committee. 
All 
appointments must be made no later than 30 days following the 
effective date of this Part. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Wi thin 
days 
after 
appointment of all members, the chair shall call and convene the 
first meeting of the steering committee. 
3. 
Duties; reporting. 
The steering committee shall: 
A. 
Develop a plan to implement the Consumer and Commercial 
Division 
pilot 
project 
beginning 
January 
1, 
2006 
in 
accordance with the Maine Revised Statutes, Title 4, section 
122. 
As part of its duties, the steering committee shall 
develop proposed rules governing the practice, procedure and 
administration of 
the 
division. 
The 
steering 
committee 
shall submit its proposed rules to the Supreme Judicial 
Court for its consideration; 
B. 
Develop methodologies for measuring outcomes for the 
success 
of 
the 
Consumer 
and 
Commercial 
Division pilot 
project. 
In January 2007 
and January 2008, 
the steering 
committee shall report to the joint standing committee of 
the Legislature having jurisdiction over judiciary matters 
on the progress of the pilot project and its measurable 
outcomes; and 
C. 
After 
January 
1, 
2006, 
study available 
methods 
increasing efficiency through implementation and usage 
technology by the courts and by litigants throughout 
state court system. 
The steering committee shall submit 
report on this issue to the joint standing committee of 
Legislature having jurisdiction over judiciary matters 
January 15, 2007. 
of 
of 
the 
its 
the 
by 
SUMMARY 
Part A of this bill establishes the Consumer and Commercial 
Division pilot project within the Maine court system beginning 
January 1, 2006. 
The purpose of this division is to administer 
and 
resolve 
disputes 
regarding 
issues 
related 
to 
business 
activity in a coordinated, responsive and speedy manner and to 
afford convenient and timely access for consumers, entrepreneurs, 
attorneys and any other party involved with business activity. 
Under the pilot project, the small claims division will be under 
the jurisdiction of the Consumer and Commercial Division in an 
attempt to streamline resolution of matters currently heard by it. 
Part B of the bill establishes the Consumer and Commercial 
Division Steering Committee. 
The steering committee is designed 
to function as a partnership between the legislative and judicial 
branches of government. 
The steering committee, with membership 
reflecting 
a 
spectrum 
of 
interests, 
will 
work 
to 
develop 
proposals 
to 
implement 
this 
new 
project, 
determine 
relevant 
measurable outcomes and determine other areas of technology or 
infrastructure that could add additional efficiencies throughout 
Maine courts.