Resolve, to Ensure That the Independent Commission to Investigate the Facts of the Tragedy in Lewiston Has Necessary Authority to Discharge Its Fact-finding Mission
Maine Legislature, Session 131, LD 2192
Committee: Judiciary
Sponsors: TALBOT ROSS, JACKSON, FAULKINGHAM, STEWART

Legislative Document
No. 2192
H.P. 1405
House of Representatives, January 25, 2024
Resolve, to Ensure That the Independent Commission to Investigate 
the Facts of the Tragedy in Lewiston Has Necessary Authority to 
Discharge Its Fact-finding Mission
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Speaker TALBOT ROSS of Portland.  (GOVERNOR'S BILL)
Cosponsored by President JACKSON of Aroostook and
Representative: FAULKINGHAM of Winter Harbor, Senator: STEWART of Aroostook.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Governor Janet T. Mills, by executive order of November 9, 2023, 
established the Independent Commission to Investigate the Facts of the Tragedy in 
Lewiston; and 
Whereas, the independent commission was established for the purpose of conducting 
a thorough and objective investigation into the facts and circumstances of what happened 
on that tragic night in Lewiston, the months that led up to it and the police response to it; 
and
Whereas, the families of the victims and all people of the State deserve to know the 
truth about what happened; and
Whereas, in order to fulfill its fact-finding mission, the independent commission 
requires the ability to issue subpoenas to compel the testimony of witnesses and the 
production of documents and have access to agency records that may not otherwise be 
subject to disclosure under state law; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order for the independent commission to complete its work in a timely fashion; 
and
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 necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
Sec. 1.  Definitions.  Resolved:  That, as used in this resolve, the following terms 
have the following meanings.
1.  "Chair" means the chair of the independent commission.
2.  "Independent commission" means the Independent Commission to Investigate the 
Facts of the Tragedy in Lewiston, established by executive order of Governor Janet T. Mills 
on November 9, 2023.
Sec. 2.  Issuance of subpoenas.  Resolved:  That, by a majority vote of its 
members, the independent commission may issue subpoenas to compel the testimony of 
witnesses and the production of documents in accordance with this resolve.
Sec. 3.  Notice to witnesses.  Resolved:   That a reasonable time before a witness 
testifies, a prospective witness must be notified of the investigation's subject matter and 
provided with a copy of this resolve.  The information required by this section must be 
presented at the time of service of the subpoena. 
Sec. 4.  Oaths. Resolved: That all testimony of subpoenaed witnesses must be under 
oath administered by the chair or the chair's designee. 
Sec. 5.  Testimony of witnesses under subpoena.  Resolved:  That the 
independent commission's staff and its members may take testimony of witnesses under 
subpoena. All testimony of witnesses under subpoena must be taken in open session, except 
upon request of a witness or by a majority vote of the members of the independent 
commission, in which case testimony may be taken in executive session.
Sec. 6.  Transcripts of testimony of witnesses under subpoena.  Resolved:  
That the independent commission shall prepare a transcript of all testimony of witnesses 
taken under subpoena.  A witness is entitled to obtain a copy of the transcript of the 
witness's own testimony, except that the independent commission may delay the release of 
a transcript until the independent commission determines that release will not compromise 
the integrity of its investigation.
Sec. 7.  Release of testimony under subpoena.  Resolved:  That the independent 
commission, by a majority vote of its members, may release transcripts of witness 
testimony taken under subpoena, except that a transcript of the testimony may not be 
released without first affording the witness who gave the testimony or the witness's counsel 
an opportunity to object to the proposed release.  The chair or the chair's designee shall rule 
on an objection.  The ruling of the chair or the chair's designee may be overruled by a 
majority vote of the independent commission's members.
Sec. 8.  Request for court to compel compliance; legal representation.  
Resolved:  That the independent commission, by a majority vote of its members, may 
apply to the Superior Court to compel compliance with a subpoena and may by lawful 
process seek to compel compliance in any state, federal or military court or tribunal.  The 
Attorney General, the Attorney General's designee or private counsel approved by the 
Attorney General may represent the independent commission in such proceedings.
Sec. 9.  Availability of counsel to witnesses under subpoena; objections; 
privileges.  Resolved:  That a witness appearing before the independent commission 
under subpoena may have counsel present to advise the witness at all times. The witness or 
counsel may, during the time the witness is giving testimony, object to any action of the 
independent commission that is detrimental to the witness's interests and is entitled to have 
a ruling by the chair or the chair's designee on the objection.  The witness must be given 
the benefit of any privilege that the witness could claim in court as a party to a civil action, 
except that the chair or the chair's designee may direct compliance with any request for 
testimony to which an objection or claim of privilege has been made.  The direction of the 
chair or the chair's designee may be overruled by a majority vote of the independent 
commission's members.
Sec. 10.  Access to state agency records not otherwise subject to disclosure.  
Resolved:  That, notwithstanding any provision of law to the contrary, the independent 
commission, by a majority vote of its members, is authorized to request and receive records 
in the possession of any state agency or instrumentality that the independent commission 
determines are necessary to fulfill its fact-finding mission, including confidential records 
and records not otherwise subject to public disclosure.  The members of the independent 
commission and its staff are authorized to review records received under this section solely 
for the purpose of fulfilling the independent commission's fact-finding mission. During 
meetings of the independent commission, the contents of confidential records and records 
not otherwise subject to public disclosure may be reviewed only in executive session.  
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve authorizes the Independent Commission to Investigate the Facts of the 
Tragedy in Lewiston to issue subpoenas to compel the testimony of witnesses and the 
production of documents.  It also authorizes the independent commission to request and 
receive records in the possession of any state agency or instrumentality that it determines 
are necessary to fulfill the independent commission's fact-finding mission, including 
confidential records and records not otherwise subject to public disclosure.