An Act To Amend Certain Provisions of Law Affecting the Judicial Branch
Maine Legislature, Session 126, LD 0852
Committee: Judiciary
Sponsors: PRIEST, VALENTINO, BEAULIEU, CROCKETT, FREDETTE, MONAGHAN-DERRIG, MORIARTY, BURNS, KATZ
Amends: 4 MRSA §17-A, 4 MRSA §153, 4 MRSA §183, 4 MRSA §423, 4 MRSA §454, 4 MRSA §1802, 4 MRSA §1804, 15 MRSA §2115-A

Legislative Document 
No. 852 
H.P. 603 
House of Representatives, March 5, 2013 
An Act To Amend Certain Provisions of Law Affecting the Judicial 
Branch 
Submitted by the Judicial Department pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PRIEST of Brunswick. 
Cosponsored by Senator VALENTINO of York and 
Representatives: BEAULIEU of Auburn, CROCKETT of Bethel, FREDETTE of Newport, 
MONAGHAN-DERRIG of Cape Elizabeth, MORIARTY of Cumberland, Senators: BURNS 
of Washington, KATZ of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §17-A, as enacted by PL 1993, c. 172, §1, is amended to read: 
§17-A.  Publications and technology 
1.  Informational publications.  The State Court Administrator may establish a fee 
schedule to cover the cost of printing and distribution of publications and forms and the 
procedures for the sale of these publications and forms. 
2.  Fund; fees deposited.  All fees collected under this section from the sale of 
publications or forms must be deposited in a fund for use by the State Court 
Administrator to replace and update publications and forms and to fund new publications, 
forms and information technology. 
Sec. 2.  4 MRSA §153, first ¶, as amended by PL 2005, c. 397, Pt. C, §4 and 
affected by §8, is further amended to read: 
The State is divided into 28 judicial divisions, named and defined as follows, and 
with places for holding court in those divisions as follows: 
Sec. 3.  4 MRSA §153, sub-§19 is repealed. 
Sec. 4.  4 MRSA §153, sub-§19-A is enacted to read: 
19-A.  Northern and Central Penobscot.  Northern and Central Penobscot consists 
of the municipalities and unorganized territory of Hopkins Academy Grant Township, 
Long A Township, Medway, TA R7 WELS, Burlington, Edinburg, Lakeville, Lagrange, 
Lowell, Passadumkeag, Twombley, Pukakon Township and all municipalities and 
unorganized territory in Penobscot County lying to the north of these.  The District Court 
for Northern and Central Penobscot must be held at Millinocket and Lincoln.  The Chief 
Judge shall determine the level of service at each location. 
Sec. 5.  4 MRSA §153, sub-§20 is repealed. 
Sec. 6.  4 MRSA §183, sub-§1, ¶H is enacted to read: 
H.  The Chief Judge of the District Court may employ a retired family law magistrate 
to serve on a per diem basis as an active retired family law magistrate.  An active 
retired family law magistrate employed pursuant to this paragraph has the same 
jurisdiction and is subject to the same restrictions as before retirement.  An active 
retired family law magistrate serves at the direction of the Chief Judge of the District 
Court and is compensated at the per diem rate of $250 per day or $150 per half-day, 
as long as the total of the per diem compensation and the active retired family law 
magistrate's state retirement pension received in any calendar year does not exceed 
the annual salary of a family law magistrate.  Active retired family law magistrates 
are entitled to receive reimbursement for any expenses actually and reasonably 
incurred in the performance of their duties. 
Sec. 7.  4 MRSA §183, sub-§3, as amended by PL 2005, c. 384, §1, is further 
amended to read: 
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 February 15th of each odd-numbered 
calendar year. 
A.  The State Court Administrator shall evaluate the functioning of the family law 
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 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 law 
magistrates. 
Sec. 8.  4 MRSA §423, first ¶, as enacted by PL 1999, c. 780, §1, is amended to 
read: 
The Judicial Department shall report to the joint standing committee of the 
Legislature having jurisdiction over judiciary matters by January 15, 2002 and February 
15th annually thereafter on the establishment and operation of alcohol and drug treatment 
programs in the courts.  The report must cover at least the following: 
Sec. 9.  4 MRSA §454, 2nd ¶, as amended by PL 1997, c. 134, §6, is further 
amended to read: 
The When sufficient funding is allocated by the Legislature, the institute shall meet at 
least once every 3 years, at the call of the Chief Justice of the Supreme Judicial Court, for 
a 2-day period to discuss recommendations for changes in the sentencing authority and 
policies of the State's criminal and juvenile courts, in response to current law enforcement 
problems and the available alternatives for criminal and juvenile rehabilitation within the 
State's correctional system. Inasmuch as possible the deliberations of the institute must be 
open to the general public. 
Sec. 10.  4 MRSA §1802, sub-§1-A is enacted to read: 
1-A.  Appellate counsel.  "Appellate counsel" means an attorney who is entitled to 
payment under Title 15, section 2115-A, subsection 8 or 9. 
Sec. 11.  4 MRSA §1804, sub-§3, ¶I, as enacted by PL 2009, c. 419, §2, is 
amended to read: 
I.  Approve and submit a biennial budget request to the Department of Administrative 
and Financial Services, Bureau of the Budget, including supplemental budget 
requests as necessary; and 
Sec. 12.  4 MRSA §1804, sub-§3, ¶J, as repealed and replaced by PL 2011, c. 
141, §1, is amended to read: 
J.  Develop an administrative review and appeal process for attorneys who are 
aggrieved by a decision of the executive director, or the executive director's designee, 
determining: 
(1)  Whether an attorney meets the minimum eligibility requirements to receive 
assignments or to receive assignments in specialized case types pursuant to any 
commission rule setting forth eligibility requirements; 
(2)  Whether an attorney previously found eligible is no longer eligible to receive 
assignments or to receive assignments in specialized case types pursuant to any 
commission rule setting forth eligibility requirements; and 
(3)  Whether to grant or withhold a waiver of the eligibility requirements set forth 
in any commission rule. 
All decisions of the commission, including decisions on appeals under subparagraphs 
(1), (2) and (3), constitute final agency action.  All decisions of the executive 
director, or the executive director's designee, other than decisions appealable under 
subparagraphs (1), (2) and (3), constitute final agency action.; and 
Sec. 13.  4 MRSA §1804, sub-§3, ¶K is enacted to read: 
K.  Pay appellate counsel. 
Sec. 14.  15 MRSA §2115-A, sub-§8, as amended by PL 1979, c. 663, §110, is 
further amended to read: 
8.  Fees and costs. The Law Court shall allow reasonable counsel fees and costs for 
the defense of appeals under this section, to be paid by the Maine Commission on 
Indigent Legal Services under Title 4, section 1801. 
Sec. 15.  15 MRSA §2115-A, sub-§9, as enacted by PL 1987, c. 461, is amended 
to read: 
9.  Appeals to Federal Court; fees and costs.  The Law Court shall allow 
reasonable attorneys attorney's fees for court appointed counsel when the State appeals a 
judgment to any Federal Court or to the United States Supreme Court on certiorari.  Any 
fees allowed pursuant to this subsection shall must be paid out of the accounts of the 
Judicial Department Maine Commission on Indigent Legal Services under Title 4, section 
1801. 
SUMMARY 
This bill does the following. 
1.  It authorizes the State Court Administrator to use the fees generated from the sale 
of publications or forms to fund forms and information technology. 
2.  It combines the judicial divisions of Northern Penobscot and Central Penobscot 
into Northern and Central Penobscot and authorizes the Chief Judge to determine the 
level of service at the sites of the district courts for that judicial division. 
3.  It permits the Chief Judge of the District Court to employ retired family law 
magistrates. 
4.  It changes the reporting dates for the Judicial Department and the State Court 
Administrator from January 15th to February 15th. 
5.  It requires the Maine Criminal Justice Sentencing Institute to meet only when 
sufficient funding has been allocated for that purpose, instead of every 3 years as in 
current law. 
6.  It requires attorney's fees for the defense of appeals by the State to be paid by the 
Maine Commission on Indigent Legal Services.