An Act To Amend Certain Laws Affecting the Judicial Branch
Maine Legislature, Session 128, LD 0611
Committee: Judiciary
Sponsors: MOONEN, KATZ
Amends: 4 MRSA §55, 5 MRSA §48-A, 14 MRSA §1202-A, 18-A MRSA §5, 18-A MRSA §9

Legislative Document
No. 611
H.P. 427
House of Representatives, February 16, 2017
An Act To Amend Certain Laws Affecting the Judicial Branch
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Senator KATZ of Kennebec.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §55, as amended by PL 1983, c. 164, is further amended to read: 
§55.  Preservation of briefs 
The clerk of the Supreme Judicial Court shall preserve 2 complete sets of briefs filed 
in all cases decided in the Supreme Judicial Court sitting as the Law Court. Under the 
direction of the Chief Justice these briefs shall be arranged in order. One set each shall 
thereupon be delivered to the law libraries respectively of Cumberland and Penobscot 
Counties for preservation and reference The clerk shall provide complete sets of the 
briefs to the law library of Cumberland County and to the Law and Legislative Reference 
Library, either by delivering a physical set to each library or by delivering or providing 
access to an electronic copy of the briefs. All expenses incurred in preparation and 
delivery of these briefs shall must be paid by the State from the appropriation for 
expenses of the Supreme Judicial Court. 
Sec. 2.  5 MRSA §48-A, sub-§1, ¶M, as amended by PL 2009, c. 174, §1, is 
further amended to read: 
M.  "Qualified legal interpreter" means a person who is licensed under Title 32, 
chapter 22 as a certified interpreter, certified deaf interpreter or certified transliterator 
and who: 
(1)  Is a hearing person who: 
(a)  Holds a current Specialist Certificate: Legal from the Registry of 
Interpreters for the Deaf, Inc. or its successor; 
(b)  Satisfies the eligibility criteria for taking the exam for the specialist 
certificate described in division (a) as long as, by January 1, 2012, that 
person obtains the specialist certificate described in division (a); or 
(c)  Is included on the bureau's list of qualified interpreters on the effective 
date of this section, as long as that person, by January 1, 2006, meets the 
eligibility criteria for taking the exam for the specialist certificate described 
in division (a) and, by January 1, 2012, obtains the specialist certificate 
described in division (a); or 
(d)  Possesses qualifications, certifications or credentials to interpret in court 
proceedings as established by the Supreme Judicial Court; or 
(2)  Is a deaf interpreter who holds a current Certificate of Interpretation from the 
Registry of Interpreters for the Deaf, Inc. or its successor or a Reverse Skills 
Certificate from the Registry of Interpreters for the Deaf, Inc. or its successor.  
Beginning January 1, 2006, a deaf person, hard-of-hearing person or late-
deafened person must also satisfy the eligibility criteria for taking the exam for 
the Specialist Certificate: Legal or its successor. 
Sec. 3.  14 MRSA §1202-A, as enacted by PL 1981, c. 705, Pt. G, §2, is amended 
to read: 
§1202-A.  Prohibition of discrimination 
A citizen shall may not be excluded from jury service in this State on account of race, 
color, religion, sex, sexual orientation as defined in Title 5, section 4553, subsection 9-C, 
national origin, ancestry, economic status, marital status, age or physical handicap, except 
as provided in this chapter. 
Sec. 4.  18-A MRSA §5-205, as enacted by PL 1979, c. 540, §1, is amended to 
read: 
§5-205.  Court appointment of guardian of minor; venue 
The venue for guardianship proceedings for a minor is in the place county or division 
where the minor resides or is present, where the petitioner or a parent or guardian of the 
child resides or where another proceeding concerning custody or other parental rights 
with respect to the child is pending. 
Sec. 5.  18-A MRSA §9-104, as amended by PL 1997, c. 239, §1 and affected by 
§6, is further amended to read: 
§9-104.  Venue; transfer 
(a).    If the adoptee is placed by a licensed child-placing agency or the department, 
the petition for adoption must be filed in the court in the county or division where: 
(1).  The petitioner resides; 
(2).  The adoptee resides or was born; or 
(3).  An office of the agency that placed the adoptee for adoption is located.; or 
(4).  The parental rights of the minor adoptee's parents were terminated. 
(b).    If the adoptee is not placed by a licensed child-placing agency or the 
department, the petition for adoption must be filed in the county or division where the 
adoptee resides or where the petitioners reside. 
(c).    If, in the interests of justice or for the convenience of the parties, the court finds 
that the matter should be heard in another probate court, the court may transfer, stay or 
dismiss the proceeding, subject to any further conditions imposed by the court. 
SUMMARY 
This bill amends the definition of "qualified legal interpretor" in the laws governing 
communication services for deaf persons, hard-of-hearing persons and late-deafened 
persons in court to include in the definition a person who possesses qualifications, 
certifications or credentials to interpret in court proceedings as established by the 
Supreme Judicial Court.  The bill prohibits discrimination on account of sexual 
orientation in jury selection.  The bill amends the requirements for record keeping for 
briefs filed in the Supreme Judicial Court.  It requires the preservation of briefs in all 
cases decided, permits the transfer of the briefs in electronic format and requires the clerk 
of the Supreme Judicial Court to provide complete sets of the briefs to the law library of 
Cumberland County and to the Law and Legislative Reference Library instead of the law 
library of Penobscot County.