An Act To Make Certain Changes in the Laws Concerning the Family Division of District Court
Maine Legislature, Session 122, LD 0973
Committee: Judiciary
Sponsors: TARDY, HOBBINS, SHERMAN
Amends: 4 MRSA §183

Legislative Document 
No. 973 
H.P.683 
House of Representatives, February 24,2005 
An Act To Make Certain Changes in the Laws Concerning the 
Family Division of District Court 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative TARDY of Newport. 
Cosponsored by Senator HOBBINS of York and 
Representative: SHERMAN of Hodgdon. 
Printed on recycled paper 
'77/~ 1J1. 7l/a£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA §183, as amended by PL 
2003, c. 688, Pt. C, 
§l and c. 689, Pt. B, §6, is further amended to read: 
§183. Family Division of District Court 
There is established within 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-~-e~~ieeFs law 
magistrates, the Chief Judge shall give proper consideration to 
achieving statewide geographical 
representation in the 
Family 
Division. 
A. 
Family 
ease-maaa~efRefl.t:-e.f.fi€eFS 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 
al ternate dispute resolution techniques, domestic violence, 
child development, family dynamics and case management. 
B. 
Family 
ease--manaqement.--ef~ieeFs law magistrates shall 
devote 
themselves 
solely to 
the official duties 
of 
the 
position. 
±sey Family law magistrates 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 
sa1aFY salaries of 
the 
family 
ease 
fRafl.a~efRefl.t:-e~fieeFs law magistrates. 
C. 
Family 
ease--fRafl.a~efRefl.t:--~ffieeFs Aaw 
magistrates are 
governed by the Maine Code of Judicial Conduct. 
Family ease 
fRafl.a~efRefl.t:-e~~ieeFs law magistrates serve at the pleasure of 
the Chief Judge of the District Court. 
D. 
Family 
ease-~-efF,i,eeFs law magistrates shall 
employ 
appropriate 
case 
management 
techniques 
and 
have 
jurisdiction to hear and dispose of the following matters: 
Page l-LR18l0(1) 
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ito 
!! 2 
... 
SO 
(1) 
Interim 
establishment, 
support; 
orders 
in 
modification 
actions 
involving 
or 
enforcement 
of 
the 
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 ease-maBa~emeB~ 
eEEiee~ law magistrate only if both parties consent to 
determination of the issue or issues in dispute by the 
family ease-maBa~emeBE-eEEiee~ law magistrate; 
(2-A) 
Parental 
rights 
and 
responsibilities 
and 
parent-child contact orders entered pursuant to Title 
19-A, 
section 4006, 
subsection 
and 
section 4007, 
subsection 
1, 
paragraph 
G 
to 
make 
such 
orders 
consistent with subsequently entered orders in matters 
included in subparagraphs (1), (2) and (3); 
(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; 
(4-A) 
Applications 
for 
writs 
of 
habeas 
corpus 
to 
facili tate the attendance of proceedings by and return 
of a party who is incarcerated; 
(4-B) 
Requests for access to confidential Department 
of Health and Human Services child protective records 
in accordance with Title 22, section 400B. 
The family 
ease--maBa~emeB~--effieeF 
law 
magistrate 
may 
review 
records in camera to determine whether to grant 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), (2) and (2-A) 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) 
aBeL 
(4) 
and 
~ 
are subject to appellate review in the same manner as 
any final order of the District 
maBaEJeffie.B-t;.-e.f.f4ee~ law magistrate 
of the rights of review established 
Court. 
The 
family ease 
shall inform the parties 
in this paragraph. 
F. 
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PHBiEive-a~~-~~~~-&~B-Gt;.~B-&-iB-a-~~-~~~~-Fe~ 
e9BEempE-geeH££4R~-~~-~~~~~~~~~~-t;.a&-family-ease 
maBa~emeBE-~~~~~-~--seeB-~~-~~-By---t-he--~~~y--ease 
maBa~emeBE--effieeI'-r---~a&-~H~-~~-~--~.iv.i~--P~geeeH~e 
~elaEiB~-~~-&~I'-y-e9R~emp~-~~~-applY-~~~-Family 
ease-maRaEJ€meR~-~~~£~--~~~~--t-he-~B-~~t;.-peWeI'--~Bee~ 
EBis--pa£a~£apB 
~Qmily 
law 
magi~t~ates 
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 
ease--maBa~emeBt;--e~~iee~s Jaw 
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 
ease--~--e~~iee~s 
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 ease-maBa~emeBE-9~~iee~s 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 officer to 
family law magistrate. 
The Chief Judge of the District Court may authorize family 
law 
magistrates 
to 
wear 
robes 
when 
presiding 
over 
any 
proceeding. 
A 
family 
law magistrate 
is given 
the 
power 
of 
contempt that judges and justices currently have.