An Act To Allow Counties To Opt Out of Maine Judicial Marshal Service
Maine Legislature, Session 125, LD 1543
Committee: Judiciary
Sponsors: BURNS, RAYE, DAVIS, KNAPP, LONG, PLUMMER, MASON, WHITTEMORE
Amends: 4 MRSA §17, 30-A MRSA §2

Legislative Document 
No. 1543 
H.P. 1132 
House of Representatives, May 3, 2011 
An Act To Allow Counties To Opt Out of Maine Judicial Marshal 
Service 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BURNS of Whiting. 
Cosponsored by President RAYE of Washington and 
Representatives: DAVIS of Sangerville, KNAPP of Gorham, LONG of Sherman, PLUMMER 
of Windham, Senators: MASON of Androscoggin, WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §17, sub-§15, ¶A, as enacted by PL 2003, c. 400, §1, is 
amended to read: 
A.  The State Court Administrator may contract for the services of qualified 
individuals as needed on a per diem basis to perform court security-related functions 
and services. 
(1)  For the purposes of this subsection, "qualified individuals" means individuals 
who are certified pursuant to Title 25, section 2804-B or 2804-C and have 
successfully completed additional training in court security provided by the 
Maine Criminal Justice Academy or equivalent training. 
(2)  When under contract pursuant to this paragraph and then only for the 
assignment specifically contracted for, qualified individuals have the same duties 
and powers throughout the counties of the State as sheriffs have in their 
respective counties. 
(3)  Qualified deputy sheriffs performing contractual services pursuant to this 
paragraph continue to be employees of the counties in which they are deputized. 
(4)  Qualified individuals other than deputy sheriffs performing contractual 
services pursuant to this paragraph may not be considered employees of the State 
for any purpose, except that they must be treated as employees of the State for 
purposes of the Maine Tort Claims Act and the Maine Workers' Compensation 
Act of 1992.  They must be paid reasonable per diem fees plus reimbursement of 
actual, necessary and reasonable expenses incurred in the performance of their 
duties, consistent with policies established by the State Court Administrator. 
(5)  If a county elects to have its court security services provided by its qualified 
deputy sheriffs, the State Court Administrator shall contract with that county 
sheriff’s office for the performance of court security-related functions and 
services. In accordance with Title 4, section 25, the Judicial Department shall 
compensate the county for these salaries and expenses. 
Sec. 2.  30-A MRSA §2, sub-§4, as amended by PL 1991, c. 570, §3, is further 
amended to read: 
4.  Salaries and expenses of court and jury officers.  Each county shall pay the 
salaries and expenses of bailiffs and other court and jury officers who work for courts 
located in that county.  In accordance with Title 4, section 17, subsection 15, paragraph 
A, subparagraph 5, a county may elect to have its court security services provided by its 
qualified deputy sheriffs. The Judicial Department shall compensate each county for these 
salaries and expenses as provided in Title 4, section 25. 
SUMMARY 
This bill provides that if a county elects to have its court security services provided 
by its qualified deputy sheriffs, the State Court Administrator shall contract with that 
county sheriff’s office for the performance of court security-related functions and 
services.