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: Judiciary
Sponsors: KATZ, DION, HILL, MAKER, ROSEN, BAILEY, TEPLER

Legislative Document
No. 1260
S.P. 423
In Senate, March 30, 2017
Resolve, To Establish the Commission To Create a Plan for the 
Establishment of a Probate Court System with Full-time Judges
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator KATZ of Kennebec.
Cosponsored by Senators: DION of Cumberland, HILL of York, MAKER of Washington, 
ROSEN of Hancock, Representatives: BAILEY of Saco, TEPLER of Topsham.
Preamble. Whereas, the existing probate court system established pursuant to the 
Maine Constitution, Article VI, Section 6 was conditionally repealed by a vote of the 
people of Maine in 1967; and 
Whereas, the effective date of repeal was dependent upon the creation of a different 
probate court system with full-time probate judges by the Legislature; 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 court system with full-
time judges; and 
Whereas, to honor the intent of a long-standing vote of Maine people and ensure 
that Maine people currently have the same access to justice in all Maine courts; now, 
therefore, be it 
Sec. 1.  Commission established.  Resolved:  That, notwithstanding Joint Rule 
353, the Commission To Create a Plan for the Establishment of a Probate Court System 
with Full-time Judges, referred to in this resolve as "the commission," is established; and 
be it further 
Sec. 2.  Commission membership.  Resolved:  That the commission consists of 
members appointed as follows: 
1.  Two members of the Senate appointed by the President of the Senate, including 
one member from each of the 2 parties holding the largest number of seats in the 
Legislature; 
2.  Three members of the House of Representatives appointed by the Speaker of the 
House of Representatives, including members from each of the 2 parties holding the 
largest number of seats in the Legislature; 
3.  Three members appointed by the Chief Justice of the Supreme Judicial Court; 
4.  One member who is a member of the Maine Probate Judges Assembly appointed 
by the Speaker of the House of Representatives; 
5.  One member who is a Register of Probate appointed by the Speaker of the House 
of Representatives; 
6.  One member who is a judicial branch clerk appointed by the Chief Justice of the 
Supreme Judicial Court; 
7. One member who is a member of the Probate and Trust Law Advisory 
Commission appointed by that commission;  
8.  One member who is a member of the Family Law Advisory Commission 
appointed by that commission; and 
9.  Two members who are members of the Maine State Bar Association appointed by 
the Speaker of the House of Representatives; and be it further 
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.  
Any subcommittees established by the chairs must be composed of members of the 
commission and interested persons who are not members of the commission and who 
volunteer to serve on the subcommittees without reimbursement; and be it further 
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the commission to meet and conduct its business; and be it further 
Sec. 5.  Duties.  Resolved:  That the commission shall create a plan for a probate 
court system with full-time judges.  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, provide for 
qualified full-time judges, provide 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; and be it further 
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission; and be it further 
Sec. 7.  Information and assistance.  Resolved:  That the Administrative Office 
of the Courts and registers of probate shall provide to the commission information and 
assistance requested by the commission and required for the commission to perform its 
duties; and be it further 
Sec. 8.  Report.  Resolved:  That, no later than December 6, 2017, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Joint Standing Committee on Judiciary.  The Joint 
Standing Committee on Judiciary may report out a bill regarding the subject matter of the 
report to the Second Regular Session of the 128th Legislature. 
SUMMARY 
This resolve establishes the Commission To Create a Plan for the Establishment of a 
Probate Court System with Full-time Judges including legislators and interested parties to 
create a plan describing how a probate system with full-time judges can be created and 
funded.  The Joint Standing Committee on Judiciary has authority to report out a bill 
regarding the plan to the Second Regular Session of the 128th Legislature.