An Act To Establish Requirements for Civil Deputies
Maine Legislature, Session 128, LD 1776
Committee: State and Local Government
Sponsors: DION, CHIPMAN, CYRWAY
Amends: 14 MRSA §702, 14 MRSA §709, 30-A MRSA §104, 30-A MRSA §351, 30-A MRSA §381, 30-A MRSA §386

Legislative Document
No. 1776
S.P. 661
In Senate, January 5, 2018
An Act To Establish Requirements for Civil Deputies
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on State and Local Government suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator DION of Cumberland.
Cosponsored by Senators: CHIPMAN of Cumberland, CYRWAY of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §702, as amended by PL 1987, c. 223, §1, is further amended to 
read:
§702.  Duty of sheriffs, deputies and civil deputies; fees
Every sheriff and each of his the sheriff's deputies and civil deputies, as defined in 
Title 30-A, section 351, subsection 5, shall serve and execute, within his the sheriff's 
county, all writs and precepts issued by lawful authority to him directed and committed to 
the sheriff, including those in which a town, plantation, or parish of which the sheriff is a 
resident, or religious society or school district, of which he the sheriff is at the time a 
member, is a party or interested, but his the sheriff's legal fees for service shall must first 
be paid or secured to him the sheriff. If the fees are not paid or secured to him the sheriff 
when the process is delivered to him the sheriff, he the sheriff shall immediately return it 
to the plaintiff or attorney offering it; or if sent to him the sheriff by mail or otherwise, he 
the sheriff shall put it into some a post office within 24 hours, directed to the person 
sending it; otherwise he the sheriff waives his the sheriff's right to his the sheriff's fees 
before service.
Sec. 2.  14 MRSA §709 is amended to read:
§709.  Service on deputy sheriff or civil deputy sheriff
Any writ or precept in which the deputy or civil deputy, as defined in Title 30-A, 
section 351, subsection 5, of a sheriff is a party may be served by any other deputy or 
civil deputy of the same sheriff. 
Sec. 3.  30-A MRSA §104, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read:
§104.  Execution of process
Sheriffs and their deputies and constables shall execute all legal processes directed to 
them by the commissioners.  A civil deputy, as defined in section 351, subsection 5, shall 
serve civil process as directed by the sheriff.
Sec. 4.  30-A MRSA §351, sub-§5 is enacted to read:
5.  Civil deputy.  "Civil deputy" means a deputy who meets the requirements for a 
civil deputy adopted by the sheriff and has been designated by the sheriff to enforce civil 
laws and serve civil process.
Sec. 5.  30-A MRSA §381, sub-§6 is enacted to read:
6.  Exceptions for civil deputies.  The provisions of subsections 1 to 5 do not apply 
to civil deputies.  The sheriff may designate one or more persons to serve as civil deputies 
to enforce civil laws and serve civil process in accordance with the state rules of court.  A 
civil deputy holds no other law enforcement powers. A civil deputy is compensated under 
section 386, subsection 4.  The sheriff may adopt rules, procedures and requirements 
related to the qualifications of a civil deputy and the service of civil process.
Sec. 6.  30-A MRSA §386, sub-§4 is enacted to read:
4.  Civil deputies.  Civil deputies must be compensated at a reasonable rate 
established by the county commissioners pursuant to section 421.
SUMMARY
This bill enacts a definition of "civil deputy," codifies the designation and duties of 
civil deputies, requires payment to civil deputies at a reasonable rate of compensation 
established by the county commissioners and authorizes sheriffs to adopt rules, 
procedures and requirements applicable to civil deputies.