Resolve, To Establish the Commission To Create a Plan for the Establishment of a Probate Court System with Full-time Judges
Maine Legislature, Session 128, LD 1260
Committee Amendment CA_A_S231 (Senate)

COMMITTEE AMENDMENT"/\ "to S.P. 423, L.D. 1260, "Resolve, To Establish 
the Commission To Create a Plan for the Establishment of a Probate Court System with 
Full-time Judges" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, To Establish the Commission To Create a Plan To Enhance the Efficiency 
and Effectiveness of the Probate Court System' 
Amend the resolve by striking out all of the Preamble (page 1, lines 1 to 11 in L.D.) 
and insetting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the existing probate comt system established pursuant to the Constitution 
of Maine, Article· VI, Section 6 was conditionally repealed by a vote of the people of 
Maine in 1967; and 
Whereas, a different probate court system has not been created since the repeal and 
the Legislature has not considered a plan to establish a probate comt system; and 
Whereas, this legislation is necessmy to honor the intent of a long-standing vote of 
Maine people and ensure that Maine people cmTently have the same access to justice in 
all Maine comts; and 
Whereas, the Commission To Create a Plan To Enhance the Efficiency and 
Effectiveness of the Probate Comt System needs to stmt its work immediately to have 
enough time to complete its duties before the repmting date of December 6, 2017; and 
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Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessmy for the preservation of the public peace, health and safety; now, 
therefore, be it' 
Amend the resolve by striking out all of sections 1 and 2 and insetting the following: 
Page I - 128LR1813(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 423, L.D. 1260 
'Sec. 1. Commission established. Resolved: That the Commission To Create a 
Plan To Enhance the Efficiency and Effectiveness of the Probate Comi System, refen-ed 
to in this resolve as "the commission," is established; and be it fu1iher 
Sec. 2. Commission membership. Resolved: That the commission consists of 
members as follows: 
1. Two members of the Senate appointed by the President of the Senate, including 
one member from each of the 2 paiiies holding the largest number of seats in the 
Legislature; 
2. Two members of the House of Representatives appointed by the Speaker of the 
House of Representatives, including members from each of the 2 paiiies holding the 
largest number of seats in the Legislature; 
3. Two members appointed by the Chief Justice of the Supreme Judicial Comi; 
4. One member who is a sitting Probate Comi Judge, appointed by the Speaker of the 
House of Representatives; 
5. 
One member who is a register of probate, appointed by the President of the 
Senate; 
6. One member who is a judicial branch clerk, appointed by the Chief Justice of the 
Supreme Judicial Comi; 
7. 
The chair of the Probate and Trust Law Adviso1y Commission or the chair's 
designee; 
8. The chair of the Family Law Advisory Commission or an attorney member of that 
commission designated by the chair; and 
9. 
Two members who represent the interests of counties, one appointed by the 
President of the Senate and one appointed by the Speaker of the House of 
Representatives. 
The appointing authorities shall make eve1y effo1i to ensure that appointments to the 
commission represent diversity with regard to geography and population across the State; 
and be it fmiher' 
Amend the resolve by striking out all of section 3 and insetting the following: 
'Sec. 3. 
Chairs; subcommittees. 
Resolved: 
That the first-named Senate 
member is the Senate chair and the first-named House of Representatives member is the 
House chair of the commission. The chairs of the commission are authorized to establish 
subcommittees to work on the duties listed in section 5 and to assist the commission; and 
be it fmiher' 
Amend the resolve by striking out all of section 5 and insetting the following: 
'Sec. 5. Duties. Resolved: That the commission shall create a plan for a more 
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efficient and effective probate court system. The commission may consider for inclusion 
in the plan any features that the commission determines relevant, including, but not 
limited to, features that will ensure timely, convenient and meaningful access to justice, 
promote judicial responsibility and adherence to the code of judicial responsibility, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A-" to S.P. 423, L.D. 1260 
provide for qualified judges, provide for adequate professional staff, reflect efficient 
practices in scheduling and case management throughout the system, allow for 
convenient and consumer-friendly processing of matters that are not contested and reflect 
economies of scale in all appropriate operational aspects. The commission shall describe 
how the system would be funded. 
In making its funding recommendations, the 
commission must consider a plan that ensures a level of payment and benefits that would 
fairly compensate judges for their duties and prohibits them from practicing law during 
their term of service; and be it fmiher' 
Amend the resolve in section 7 in the 2nd line (page 2, line 29 in L.D.) by striking out 
the following: "Comis and" and inserting the following: 'Comis,' 
Amend the resolve in section 7 in the 2nd line (page 2, line 29 in L.D.) by inse1iing 
after the following: "probate" the following: 'and county officials' 
Amend the resolve by adding before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment makes the following changes to the resolve. 
1. It adds an emergency preamble and emergency clause to the resolve. 
2. It changes the title of the resolve and renames the commission the Commission To 
Create a Plan To Enhance the Efficiency and Effectiveness of the Probate Comi System. 
It does not require that the plan be based on full-time judges, although the commission is 
not prohibited from including full-time judges in its plan. 
3. It changes the membership of the commission from 15 members to 13 members. 
It decreases from 3 to 2 the number of members who are members of the House of 
Representatives and the number of members who are appointed by the Chief Justice of 
the Supreme Judicial Comi. It replaces 2 members who are members of the Maine State 
Bar Association with 2 members who represent the interests of counties. It requires the 
appointing authorities to make every effo1i to ensure that appointments to the commission 
represent diversity with regard to geography and population across the State. 
4. 
To provide flexibility to the commission to manage its work, it deletes the 
requirement that subcommittees include individuals not on the commission. 
5. It requires that the commission include in its funding recommendations a plan that 
ensures the probate judges are provided payment and benefits that fairly compensate them 
and prohibits them from practicing law during their service as Probate Comi Judges. 
6. It requires that county officials, in addition to the registers of probate and the 
Administrative Office of the Comis, provide infmmation and assistance when requested 
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by the commission. 
FISCAL ?\"OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/1 7 feac 
LD 1260 
LR 1813(02) 
Resolve, To Establish the Commission To Create a Plan for the Establishment of a Probate Court 
System with Full-time Judges 
Legislative Cost/Study 
Fiscal Note for Bill as Amended by Committee Amendment ''p:,' l S- :2 2->0 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $2,250 in fiscal year 2017-18. The Legislature's 
proposed budget includes $10,000 in fiscal year 2017-18 for legislative studies. Whether this amount is sufficient to 
fund all studies will depend on the number of studies authorized by the Legislative Council and the Legislature. The 
additional costs of providing staffing assistance to the study during the interim can be absorbed utilizing existing 
budgeted staff resources. 
Fiscal Detail and Notes 
Aiw additional costs to the Judicial Departme11t are expected to be minor. 
LR1813(02) - Fiscal Note - Page 1 of 1