Resolve, To Establish the Commission To Create a Plan To Incorporate the Probate Courts into the Judicial Branch
Maine Legislature, Session 130, LD 0719
Committee: Judiciary
Sponsors: CARDONE

Legislative Document
No. 719
H.P. 530
House of Representatives, March 5, 2021
Resolve, To Establish the Commission To Create a Plan To 
Incorporate the Probate Courts into the Judicial Branch
Received by the Clerk of the House on March 3, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Preamble.  Whereas, the existing probate court 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Constitution of Maine, Article VI, Section 6 was conditionally repealed by a vote of the 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, 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 the Commission To Create a 
Plan To Incorporate the Probate Courts into the Judicial Branch, referred to in this resolve 
as "the commission," is established.
Sec. 2.  Commission membership.  Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of 15 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, one of whom 
is a member of a nonprofit organization providing statewide free legal services, appointed 
by the Speaker of the House of Representatives.
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.
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.
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.
Sec. 6.  Staff assistance.  Resolved:  That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session.
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.
Sec. 8.  Report.  Resolved:  That, no later than December 1, 2021, 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 130th Legislature.
SUMMARY
This resolve establishes the Commission To Create a Plan To Incorporate the Probate 
Courts into the Judicial Branch 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 130th Legislature.