An Act To Authorize an Active Retired Justice or Judge To Conduct Arbitration and Chair Medical Malpractice Screening Panels
Maine Legislature, Session 124, LD 0803
Committee Amendment CA_A_S106 (Senate)
Amends: 4 MRSA §104, 4 MRSA §157-B

FIRST P.EGULAR SESSION 
COMMITTEE AMENDMENT" A " to S.P. 311, L.D. 803, Bill, "An Act To 
Authorize an Active Retired Justice or Judge To Conduct Arbitration and Chair Medical 
Malpractice Screening Panels" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 4 MRSA §104, as amended by PL 1983, c. 853, Pt. C, §§9 and 18, is 
further amended to read: 
§104. Active retired justices 
Any Justice of the Superior Court who has retired from the court under this chapter in 
effect prior to December 1, 1984, or any Justice of the Superior Court who retires or 
terminates his that justice's service on the court in accordance with chapter 27, except for 
a disability retirement, is eligible for appointment as an Active Retired Justice of the 
Superior Court. The Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over judiciary matters and to confirmation by the 
Legislature, may appoint any eligible justice as an Active Retired Justice of the Superior 
Court for a term of 7 years, unless sooner removed. That justice may be reappointed for a 
like term. Any justice so appointed and designated shall thereupon constitute constitutes a 
part of the court from which he that justice has retired and shall have has the same 
jurisdiction and be .i§. subject to the same restriCtions therein as before retirement, except 
that he shall. An Active Retired Justice of the Superior Court may serve as an arbitrator 
and conduct arbitration in accordance with rules that may be adopted by the Supreme 
Judicial Court, except that nothing in this section requires the Supreme Judicial Court to 
adopt those rules. An Active Retired Justice of the Superior Court may chair screening 
panels in accordance with Title 24, chapter 21, subchapter 4-A. 
An Active Retired 
Justice of the Superior Court may act only in the cases and matters and hold court only at 
the terms and times as he may be that justice is directed and assigned te by the Chief 
Justice of the Supreme Judicial Superior Court. Any Active Retired Justice of the 
Superior Court may be directed, by the Chief Justice to hold any term of the Superior 
Court in any county and when so directed shall have has authority and jurisdiction therein 
the same as if he that justice were the regular justice of that court. Whenever the Chief 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A 
"to S.P. 311, L.D. 803 
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Justice of the Supreme Judicial Superior Court so orders, that justice may hear all matters 
and issue all orders, notices, decrees and judgments in vacation that any J.ustiee justice of 
that Superior Court is authorized to hear and issue. An Active Retired Justice of the 
Superior Court receives reimbursement for expenses actually and reasonably incurred in 
the performance of that justice's duties. 
Sec. 2. 4 MRSA §157-B, as amended by PL 1983, c. 853, Pt. C, §§12 and 18, is 
further amended to read: 
§157-B. Active retired judges; appointment 
Any Judge of the District Court who has retired from the court under this chapter 
prior to December 1, 1984, or any Judge of the District Court who retires or terminates 
his that judge's service on the court in accordance with chapter 27, except for a disability 
retirement, is eligible for appointment as an Active Retired Judge of the District Court as 
provided. The Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over judiciary matters and to confirmation by the 
Legislature, may appoint any eligible judge to be an Active Retired Judge of the District 
Court for a term of 7 years, unless sooner removed. That judge may be reappointed for a 
like term. Any judge so appointed and designated shall thereupon constitute constitutes a 
part of the court from which he that judge has retired and shall have has the same 
jurisdiction and be is subject to the same restrictions therein as before retirement, except 
that he shall. An Active Retired Judge of the District Court may serve as an arbitrator 
and conduct arbitration in accordance with rules that may be adopted by the Supreme 
Judicial Court, except that nothing in this section requires the Supreme Judicial Court to 
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adopt those rules. An Active Retired Judge of the District Court may chair screening. 
panels in accordance with Title 24, chapter 21, subchapter 4-A. An Active Retired Judge 
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of the District Court may act only in those cases and matters and hold court only at those 
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sessions and times as he may be that judge is directed and assigned te by the Chief Judge 
of the District Court. Any Active Retired Judge of the District Court may be directed by 
the Chief Judge to hold any session of the District Court in any district and when so 
directed shall have has authority and jurisdiction therein the same as if he that judge were 
the regular judge of that courtt and~ whenever the Chief Judge of the District Court so 
orders, may hear all matters and issue all orders, notices, decrees and judgments that any 
Judge of that District Court is authorized to hear and issue. An Active Retired Judge 5hall 
receive of the District Court receives reimbursement for' his expenses actually and 
reasonably incurred in the performance of his that judge's duties.' 
SUMMARY 
This amendment amends the law to allow an active retired justice or judge to chair 
medical malpractice screening panels in addition to those retired justices and judges who 
may perform those duties now. This amendment also would permit the Supreme Judicial 
Court to adopt rules that would permit an active retired justice or judge to conduct 
arbitration. 
This amendment also includes technical changes to the Maine Revised Statutes, Title 
4, section 104 to clarify that the Chief Justice of the Superior Court is authorized to direct 
and assign an Active Retired Justice of the Superior Court and that an Active Retired 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A 
"to S.P. 311, L.D. 803 
Justice of the Superior Court is entitled to reimbursement for expenses actually and 
reasonably incurred in the performance of duties. These technical changes also make the 
law as applied to an Active Retired Justice of the Superior Court compatible with Title 4, 
section 157-B regarding an Active Retired Judge ofthe District Court. 
COMMITTEE AMENDMENT