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: Judiciary
Sponsors: HASTINGS, TARDY, HOBBINS, MILLS, SMITH, CROCKETT, DILL, HAMPER
Amends: 4 MRSA §104, 4 MRSA §157-B, 24 MRSA §2852

Legislative Document 
No. 803 
S.P.311 
In Senate, March 3, 2009 
An Act To Authorize an Active Retired Justice or Judge To Conduct 
Arbitration and Chair Medical Malpractice Screening Panels 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator HASTINGS of Oxford. 
Cosponsored by Representative TARDY of Newport and 
9rg(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: HOBBINS of York, MILLS of Somerset, SMITH of Piscataquis, Representatives: 
CROCKETT of Bethel, DILL of Cape Elizabeth, HAMPER of Oxford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
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 ~ 
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 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 5hall 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 and, in addition, may 
have jurisdiction to conduct arbitration in accordance with Title 14, chapter 706 and chair 
screening panels in accordance with Title 24, chapter 21, subchapter 4-A, except that he 
5hall that justice 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 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 Justice of the Supreme 
Judicial Court so orders, that justice may hear all matters and issue all orders, notices, 
decrees and jl,ldgments in vacation that any ~ 
justiCe of that Superior Court is 
authorized to hear and issue. 
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; appoh1tmellt 
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 havingjurisdiction over judiCiary 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 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 and, in addition, may have 
jurisdiction to conduct arbitration in accordance with Title 14, chapter 706 and chair 
screening panels in accordance with Title 24, chapter 21, subchapter 4-A, except that he 
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5hall that judge may act only in those cases and matters and hold court only at. those 
sessions and times ashe may be that judge is directed and assigned te by the Chief Juc;lge 
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 receives reimbursement for his expenses actually and reasonably incurred in the 
perfonnance ofhis that judge's duties. 
Sec. 3. 24 MRSA §2852, sub-§l, as amended by PL 1991, c. 130, §1, is further 
amended to read: 
1. Creation of panel lists. The Chief Justice of the Superior Court shall recommend 
to each clerk of the Superior Court the names of retired or active retired justices and 
judges, persons with judicial experience and other qualified persons to serve on screening 
panels under this subchapter. The clerk shall place these names on a list from which the 
Chief Justice of the Superior Court will choose a panel chair under subsection 2. 
Each clerk of the Superior Court shall maintain lists of health care practitioners, health 
care providers and attorneys recommended by the professions involved to serve on 
screening panels under this subchapter. 
Sec. 4. 24 MRSA §2852,sub-§2, CUA, as amended by PL 1991, c. 130, §2, is 
further amended to read: 
A. 
Upon receipt of a notice of claim under section 2853, the clerk of the Superior 
Court who receives the notice shall notify the Chief Justice of the Superior Court. 
. The Chief Justice shall choose a retired or active retired justice o~ judge, a person 
with judicial experience or other qualified person from the list maintained by the 
clerk to serve as chair of the panel to screen the claim. If at any time a chair chosen 
under this paragraph is unable or unwilling to serve, the Chief Justice shall appoint a 
replacement following the procedure in this paragraph for the initial appointment of a 
chair. Persons other than retired or active retired justices and judges or those with 
judicial experience may be appointed as chair based on appropriate trial experience. 
In the event that the Chief Justice seeks to appoint as chair a person who is not a 
retired or active retired justice or judge or ·does not have judicial experience, each 
side is entitled to exercise o~e challenge to the appointment of a chair by the Chief 
Justice. 
SUMMARY 
This bill amends the law to allow an active retired justice or judge to conduct 
arbitration and chair medical malpractice screening panels in addition to those retired 
justices and judges who may perfonn those duties now.