An Act to Incorporate
Maine Legislature, Session 132, LD 1766
Committee Amendment CA_A_S533 (Senate)
Amends: 4 MRSA §201-A, 4 MRSA §202, 4 MRSA §301, 18-C MRSA §1, 4 MRSA §1802, 18-C MRSA §5, 18-C MRSA §9

COMMITTEE AMENDMENT "A " to S.P, 684, L.D. 1766, "An Act to Incorporate
Probate Judges into the Maine Judicial Branch"
Amend the bill in Part A by inserting after section 1 the following:
'See. A-2. Transition. The Supreme Judicial Court and the Chief Justice of the
Supreme Judicial Court shall oversee the process described in this Act for transitioning
from a system of elected county Probate Court Judges to a system of appointed state
Probate Court Judges, including by issuing any necessary administrative orders or adopting
or amending any applicable procedural or ethical rules.
Sec. A-3. Report. By January 15, 2028, the Supreme Judicial Court shall submit a
report to the joint standing committee of the Legislatire having jurisdiction over judiciary
matters containing;
1, Information on progress made in planning for the establishment of a Probate Court
with full-time state judges on January 1, 2029, including but not limited to plans for
integration of the new judicial positions in the judicial branch, proposed use of existing
state or county facilities for probate proceedings and proposed amendments to applicable
procedural or ethical rules governing Probate Court proceedings and Probate Court Judges;
and
2. An evaluation of the advisability and feasibility of transferring the functions and
staff of the county registries of probate into the judicial branch in a manner that preserves
the efficient administration of justice and the ability of members of the public to pursue
informal probate proceedings without an attorney, including by preserving public access to
registiy staff on a regular basis within each of the 16 counties of the State; preserving the
ability of registry staff to assist members of the public in drafting applications, petitions or
sworn statements in informal probate proceedings as described in the Maine Revised
Statutes, Title 18-C, section 1-510, subsection 2; and preserving the quasi-judicial authority
of registiy staff in informal probate proceedings pursuant to the Maine Uniform Probate
Code/
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COMMITTEE AMENDMENT "/\ " to S.P. 684, L,D, 1766 ^S>-S2>SN
Amend the bill in Part B by striking out all of sections 11 and 12 and inserting the
following;
'Sec.B-11. 4 MRSA §201-A is enacted to read;
S201-A, Establishment; court of record; seal; process; contemrit power
1. Defmition._ As used Ln this Title, unless the context Qtheiwjse jndLcates^"Probate
Court" includes:
A, Prior to January 1. 2031. each county Probate Court for which the term of the
county's Probate Court Judge elected or appointed under the Constitution of Maine.
former Article VI. Section 6 or elected under section 301-A. subsection 1 has not vet
exp ired, This paragt'aph does not include any county Probate Court in which a vacancy
occurs after January 1.2029 due to the death, resianation. removal from the county or
permanent incapacity as defined in Title 30-A. section 1, subsection 2-A of a county
Probate Court Judge elected under section 3 01-A, subsection 1, paraeraph C; and
B. Beemnine January 1. 2029. the Probate Court established under subsection 2.
paraRt'aph B that serves:
f 11 York, Kennebec. Somerset and Aroostook counties: and
(2) Ea^h countyin which a vacancy occurs after January 1.2029 due to the deaith.
resignation, removal from the county or permanent incapacity as defined in Title
30-A. section 1. subsection 2-A of the county Probate Court Judee elected under
section 301-A, subsection I. oaraa'aph C,
2. Establishment; court of record; seal. The Di'ovisions of this section govern the
Probate Court.
A. Each county Probate Court described in subsection 1, paraeraph A. as heretofore
estabiished, is a court of record. The Register of Probate shall maintain custody of the
official seal of the county Probate Court,
B. A Probate Court for the State is established on January 1. 2029 asja coyrtofrecord
in the coynties described in subsection 1, pameraph B. The Chief Judee of the Probate
Court shall establish the official seal of the court and provide the ofHciat seal to the
R.egtster of Probate in each county described in subsection 1 . oaraeraoh B.
3. Process; contempt power. The Probate Court may issue any m'ocess necessaiv for
the discharge of^official dutiesand maypunish for contempt of the court's authority.
Sec. B"U. 4 MRSA §202, as amended by PL 2025,o.168,§1, is further amended
to read:
§202. Oaths and acknowledgments
All oaths required to be taken by personal representatives, trustees, guardians? or
conservatorsy or of any other persons in relation to any proceeding in the probate court
Probate Court, or to perpetuate the evidence of the publication of any order of notice, may
be administered by the.Mge Probate Court Judge or register of probate Register of Probate
or any notary public. A certificate thereof, when taken out of court, must be returned into
the registry of probate and there filed. When any person of whom such oath is required,
excluding any parent executing a surrender and release or a consent under Title 18-C,
section 9-202, resides temporarily or permanently outside the State, the oath or
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acknowledgment may be taken before and be certified by a notary public outside th© State
in another state, a commissioner for the State of Maine or a United States Consul,'
Amend the bill m Part B by striking out all of section 19 and inserting the following:
'Sec.B-19. 4 MRSA §301"A is enacted to read:
8301-A. Judeess election or anpointment; termi (lualincationss satarv{ exnenses; full-
time duties
1. Elections term. Probate Court Judges are elected to the county Probate Courts
described in section 201-A. subsection 2. paraeraoh A as follows.
A. A county Probate Court Judge elected or appointed under the Constitution ofMaine.
former Article VI, Section 6 may serve until the expiration ofthatjudee's term of office,
(I) A vacancy occurring durine the term of a county Probate Court Judpe elected
on November 8. 2022 due to the death, t-esignation. removal from the county or
permanent incapacity as defined in Title 30-A. section 1. subsection 2-A of the
iudpe mav be filled bv the Govemor by a^Domtment.^^^^M^^^^ case of a vacancy in
the term of a county Probate Court Judge who was nominated by primary election
before the general election. the itidividual appointed by the Governor to fill the
vacancy must be enrolled in the same political oartv as the iudee whose term is
vacant, In making the appointment, the Governor shall choose from any
recommendations submitted to the Governor bv the county committee of the
DQlUical oartv from which the aDDointment is to be made. The term of the
successor judge aDDointed by the Governor under this subparaeraoh ends on
December 31.2026,
f2) A vacancy occurring during the term of a county Probate Court Judee elected
on November 5. 2024 due to the death, resienation. removal from the county or
permanent incaoacitv as defined in Title 30-A, section 1, subsection 2"A of the
iudee must be filled by the Governor by appointment. In the case of a vacancy in
the term of a county Probate Court Judge who was nominated by primary election
before the eeneral election. the individual appointed by the Governor to fill the
vacancy must be enrolled in the same political party as the judge whose term is
vacant, In making the appointment. the Governor shall choose from any
recommendations submitted to the Governor by the county committee of the
political party from which the appointment is to be made. The term of the
successor judge appointed by the Oovemor under this subparagraph ends on
December 31.2028,
B. A county Probate Court Judee must be elected in Cumberland. Androscoeein.
Franklin. Penobscot. Knox, Hancock and Washington counties by a plurality of the
votes cast in the resDectiye county at an election on the Tuesday followine the first
8 Monday of November in 2026. for a term of office of 4 years. commencing January 1.
2027. Vacancies occurring in offices governed by this paragraph due to the death.
resignation, removal from the counW or permanent incapacity as defined in Title 30-A,
section I. subsection 2-A of the county Probate Court Judge may be filled by special
election as provided in Title 21-A. section 366; in the meantime, the Governor may fill
such a vacancy by appointment. In the case of a vacancy in the term of a county Probate
Court Judee who was nominated by primary election before the general election, the
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COMMITTEE AMENDMENT "1\ " to S.P. 684, L.D, 1766(^$'S3&
individual appointed by the Governor to fill the vacancy must be enrolled in the same
political party as the judge whose term is vacant. In makinR the apDointment. the
Governor shall choose from any recommendations submitted to the Governor by the
county committee of the political party from which the aopointment is to be made. The
term of the successor elected at a special election or aopointed by the Governor under
this paraeraph ends on DecemberJ_L_2Q30.
C. A county Probate Court Judge must be elected in Lincoln. Oxford. Piscataauis.
SaKadahoc and Waldo counties by a oluraiitv of the votes cast in the respective county
at an election on the Tuesday following the first Monday of November in 2028 for a
term of office of 2 years, commencine January 1,2029. Vacancies occurrme in offices
governed by this paraeraoh due to the death. resienation. removal from the county or
oermanent incapacity as defined in Title 30-A. section 1 . subsection 2-A of the county
Probate Court Judee may not be filled,
2,Ar>Domtment{ term. Probate Court Judges are appointed to the state Probate Court
established in section 201-A, subsection 2. paraeraph B as follows,
A; The Governor. subject to review by the joint standing committee of the Legislature
havine jurisdiction over iudioiarv matters and to confirmation by the Leeislature, shall
afipoint 4 judges for terms that commence no earlier than January 1. 2029. Each Probate
Court Judge appointed under this oaraeraph has a term of office of 7 years.
B. Beginninp Januaiv 1. 2029. if the Chief Justice of the Supreme Judicial Court
determines that the number of Probate Court Judges apDointed under paraeraph A is
insufficient to provide for the efficient administration of justice in the Probate Court
established in section 201-A, subsection 2. paragraph B, the Chief Justice may request
that theGovemor appoint an additional iudee. Upon receipt of a request from the Chief
Justice under this oaraet'aoh. the Governor, subject to review by the joint standine
committee of the LefiislatureL having jydsdiction over iudiciafv matters and to
confirmation by the Legislature, may appoint an additional judge to the Probate Court
established in section 201-A. subsection 2. paragraph B, In no event may more than 9
Probate Court Judees be appointed to the Probate Court established in section 201-A.
subsection 2. oaraeraoh B, Bach Probate Court Judee appointed under this paraefaoh
has a term of office of 7 years,
2 3. Qualifications. To be eligible for election or aDpomtment as a Probate Court Judee,
an individual must be a member of the bar of the State.
4. Salary; exRens.es.JEach Probate Court Judge elected under subsection 1 or elected
or appointed under the Constitution of Maine, former Article VI. Section 6 is entitled to
receive an annual salary as established bv the judge's county pursuant to Title 30-A. chapter
3 and the fees orovided in section 304. Beginmne January 1 . 2029 and except as provided
in subsection 5 for the Chief Judge of the Probate Court, each Probate Court Judge
appointed under subsection 2 is entitled to receive a salary equivalent to the salaiy of an
Associate Judee of the District Court under section 157. subsections 4 and 4"A and to
reimbursement bvjhe State for expenses to the same extent that a District Court Judee is
entjtiedjo reimbursement by the State for expenses under section 157. subsection 5.
5. Designation of Chief Jwdee! salary; expenses. Beeinnine January 1. 2029. the
Chief Justice of the Supreme Judicial Court shall designate one Probate Court Judge
appointed under subsection 2 as the Chief Judge of the Probate Court, The Chief Judge is
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entitled to receive a salary equivalent to the salary of the Chief Judge of the District Court
under section 157, subsection 2 and to reimbursement by the State for expenses to the same
extenL that a District Court Judee is entitled to reimbursement by the State for expenses
under section 157. subsection^.
6. Full-time duties. Beginning January 1. 2029. a Probate Court Judge apDointed
under subsection 2 shall devote full time to that Probate Court Judge's judicial duties,
During that Probate Court Judge's term of office, that iudae may not practice law or be the
partner or associate of any person in the practice of law,
7. Exception. Subsection 6 does not apply to a county Probate Court Judee elected
under subsection 1 orelected or appointed under the Constitution of Maine, former Article
VL Section 6.)
Amend the bill in Part B in section 38 in §757 by striking out all of subsection 2 (page
14> line 10 in L,D,) and inserting the following;
'2, Repeal. This subchapter is repealed January 1.2031.'
Amend the bill in Part B by striking out all of section 39 and inserting the following;
'See. B-39. 18-C MRSA §1-201, sub-§8, as enacted by PL 2017,c,402,Pt. A, §2
and affected by PL 2019,c. 417, Pt. B, § 14, is amended to read:
8. Court. "Court" Prior to January 1. 2031. "court" means any one of the several
courts of probate of this State established as provided in Title 4, seetiong 201'und 202
section 20 l-A. subsection 2.
This subsection is repealed January 1. 2031.'
Amend the bill in Part B in section 41 in §1 -309 by striking out all of the 2nd indented
paragraph (page 14, line 39 in L.D.) and inserting the following:
'This section is repealed January 1.2031.'
Amend the bill in Part B by striking out all of section 44 and inserting the following:
"See. B-44. 18-C MRSA §1-510, sub-§l, HB, as enacted by PL 2017, c. 402, Pt,
A, §2 and affected by PL 20l9> c. 417, Ft. B, § 14, is amended to read:
B. Be an administrator, guardian, commissioner of insolvency, appraiser or divider of
an estate, in a case within the jurisdiction of the court of located in the county in which
the register is register, except as provided in Title 4, section 307, or be in any manner
interested in the fees and emoluments arising from such an estate in that capacityi-e^
This oaraeraph is repealed January 1.2031: or'
Amend the bill in Part C in section 16 in subsection 12 by striking out all of the first
blocked paragraph (page 21, line 27 in L.D.) and inserting the following;
'This subsection is repealed January 1.2031.'
Amend the bill in Part C by striking out all of sections 20 to 25 and inserting the
following:
'See. C-20. 4 MRSA §1802, sub-§4, ^B, as amended by PL 2025,c, 511, §1, is
further amended to read;
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B, Legal representation provided to an indigent party in a civil case in which the United
States Constitution or the Constitution of Maine or federal or state law, except any
provision of Title 18-C, requires that the State provide representation;
Sec. C-21. 4 MRSA §1802, sub-§4, ^B-l is enacted to read:
B-l, Legal representation provided under the Maine Uniform Probate Code in the
following cifouinstances:
0) In a auardianship. conservatorshiD or other protective an'aneement Di'oceedmg,
leeal representation provided to an indieent adult or minor respondent for whom
counsel was appointed by the court;
C2) In a euardianship. conset'vatorshio or other Droteotive arraneement oroceeding
involvine a minor resoondent. leeal representation provided to an indieent parent.
euardian or petitioner for whom counsel was appointed by the court; and
(3) Legal representation provided to an indieent parent in an adoption proceeding
for whom counsel was appointed by the court or to an indigent party or minor
adoptee in a proceeding for annulment of an adoption decree for whom counsel
was appointed by the court;
Sec. C-22. 4 MRSA §1802, sub"§4, ^D, as amended by PL 2025, c. 511, §1, is
further amended to read:
D. Legal representation provided to an indigent defendant or party or a juvenile for the
purpose of filing, on behalf of that indigent defendant or party or juvenile, a petition
for certiorari to the Supreme Court of the United States from an adverse decision of the
Law Court on a case for which services were previously provided to that defendant or
party or juvenile pursuant to paragraph A, B. B-l or C; and
Sec. C-23. 4 MRSA §1802, sub"§6 is enacted to read:
6. Reeister. "Register" has the same meanine as in Title 18-C, section l-201t
subsection 48,'
Amend the bill in Part C in section 28 in c, 41 in §2001 by striking out all of subsection
1 (page 24, lines 5 to 7 in L.D.) and inserting the following;
'1. Court, Prior to January 1.2031. "court" means the state Probate Court established
in section 201-A. subsection 2, pafaeraph B. Beeinnine; Januafv 1. 2031. "court" means
the Probate Court established in section 407. subsection 1,'
Amend the bill in Part C in section 30 in §1-112 in subsection 1 in paragraph A by
striking out all of the first blocked paragraph (page 26, line 31 in L.D.) and inserting the
following:
5 'This paragraph is repealed January 1.2031.'
Amend the bill in Part C in section 30 in § 1-112 in subsection 1 by striking out all of
paragraph B (page 26, lines 32 and 33 in L.D.) and inserting the following:
'B. Beeinnmg Januaty 1.2031. the Judicial branch shall pay the public expense portion
of the fees.'
Amend the bill in Part C by inserting after section 30 the following:
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COMMITTEE AMENDMENT " y^." to S,P. 684, L.D. 1766 ( <^-c-)2^'
"See. C-31. 18-C MRSA §1-305, as enacted by PL 2017, c. 402, Pt, A, §2 and
affected by PL 2019, c. 417, Ft. B, §14, is amended to read:
§1-305. Records and certified copies; judicial supervision
The register shall maintain records and files and provide copies of documents as
provided in sections 1-501 to 1-511 and further records and copies as the Supreme Judicial
Court may by rule provide, The register is subject to the supervision and authority of the
judge of the court elected Probate Court Judge in the county or, if there is no elected Probate
Court Judge, a state Probate Court Judge appointed under Title 4. section 30 l-A. subsection
2 who has been assigned by the Chief Judge of the Probate Court to preside over probate
proceedings in the county in which the register serves .
This section is repealed JanuarvL 2031,
Sec. C-32. 18-C MRSA §1-506, as enacted by PL 2017, c. 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
§1-506. Deputy register of probate
A register may appoint a deputy register for the county, subject to the requirements of
Title 30-A, section 501. The deputy register may perform any of the duties prescribed by
law to be performed by the register, The signature of the deputy register has the same force
and effect as the signature of the register, The deputy register shall give bond to the county
for the faithful discharge of the deputy register's duties in the same sum and in the same
manner as the register. The deputy register shall act as register in the event of a vacancy
or absence of the register, until the register resumes the register's duties or another person
is qualified as register. The deputy register is entitled to receive an annual salary
established by the register and approved by the county commissioners,
In the case of an absence of the register in a county where a deputy register has not
been appointed or in the case of a vacancy in the office of register due to death, resignation
or any other cause, the jwtge elected Probate Court Judge in the county or. if there is no
elected Probate Court Judge, a state Probate Court Judge appointed under Title 4. section
3 01-A, subsection 2 who has been assiened by the Chief Judge of the Probate Court to
preside over probate proceedings in the county shall appoint a suitable person to act as
register pro tempore until the register resumes the duties of office or another person is
qualified as register. A register pro tempore must be sworn and, if the judge requires it,
shall give bond as in the case of the register.
This section is repealed January 1,2031.
Sec. C-33. 18-C MRSA §1-507, as enacted by PL 2017, c. 402, Ft. A, §2 and
affected by PL 2019, o,417,Pt. B, §14, is amended to read;
§1-507. Inspection of register's conduct of office
A judge The elected Probate Court Judge in the county or. if there is no elected Probate
Court Judge, a state Probate Court Judge appointed under Title 4. section301-A. subsection
9 2 who has been assigned by the Chief Judge of the Probate Court to preside over probate
proceedings in the county shall constantly inspect the conduct of the register with respect
to the register's records and duties and give information in writing of any breach of the
register's bond to the treasurer of the county, who shall bring a civil action. Any funds
recovered in the civil action must be applied toward the expenses of completing the records
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of the register under the direction of the judge and the surplus, if any, must inure to the
county. If tlie funds are insufficient, the treasurer may recover the deficiency from the
register in a civil action.
This section is repealed January 1.2031.
See. C-34. 18-C MRSA §1-508, as enacted by PL 2017, c, 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
§1-508. Register incapable or neglects duties
When a register is unable to perform or neglects the duties of the office, the judge shall
certify the register's inability of neglect to the county treasurer, the time of the
commencement and termination of the inability or neglect and the name of the person who
has performed the duties for that time period. The treasurer shall pay the person named by
the judge a salary in proportion to the time that the person has performed the duties of the
register and the amount must be deducted from the register's salaiy. For purposes of this
section, "iudee" means the elected Probate Court Judge in the county or. if there is no
elected Probate Court Judee. a state Probate Court Judee aopointed under Title 4, section
301-A. subsection 2 who has been assiened by the Chief Judge of the Probate Court to
preside over probate proceedines in the county.
This section is repealed January 1.2031,'
Amend the bill in Part C in section 31 in §1-605 in subsection 2 in paragraph A by
striking out all of the first blocked paragraph (page 27, line 9 in L.D.) and inserting the
following;
This paragraph is repealed January 1.2031 .'
Amend the bill in Part C m section 31 in §1-605 in subsection 2 by striking out all of
paragraph B (page 27, line 10 in L.D.) and inserting the following;
'B. Beginning January 1.2031. the State shall pay the cost of the transcript.'
Amend the bill in Part C in section 31 in §1-605 in subsection 3 in paragraph A by
striking out all of the first blocked paragraph (page 27, line 21 in L.D.) and inserting the
following:
'This oaraeraph is repealed January 1. 2031.'
Amend the bill in Part C in section 3 1 in §1-605 in subsection 3 by striking out all of
paragraph B (page 27, lines 22 and 23 in L.D.) and inserting the following:
'B. Beeinnine January 1. 2031. the court may order the State to oav all or part of the
reporter's fees.'
Amend the bill in Part C by striking out all of sections 32 to 42 and inserting the
following;
'See. C-32. 18-C MRSA §5-119, sub-§l, as amended by PL 2025, c.511, §3, is
7 further amended to read:
1. Attorney for respondent. Unless the court has made a finding that the respondent
is indigent and has appointed an attorney for the respondent on that basis, an attorney for a
respondent in a proceeding under this Act is entitled to reasonable compensation and
reimbursement of reasonable expenses from the property of the respondent. If the court
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has made a finding that the respondent is indigent and has appointed an attorney for the
respondent on that basis, the court shall provide reasonable oompensntion to and reimburse
the reasonable expenses of the attorney the attorney's fees must be paid by the Maine
Commission on Public Defense Services pursuant to Title 4, chapter 37,
Sec. C-33. 18-C MRSA §5-205, sub"§4, as amended by PL 2025,c, 511,§4,is
further amended to read;
4. Appointment of counsel. A nonconsenting parent whose parental rights have not
been terminated is entitled to court-appointed legal counsel if indigent. In a contested
action, the court may also appoint counsel for any indigent guardian or petitioner when a
parent or legal custodian has counsel, The oourt Pursuant to Title 4. chapter 37. the Maine
Commission on Public Defense Services shall provide reasonable compensation to and
reimburse the reasonable expenses of an attorney appointed to represent an indigent party
under this subsection.
Sec. C-34. 18-C MRSA §5-205, sub-§5, as amended by PL 2025, c.511, §5, is
further amended to read:
5. Attorney for a minor; notice to minor. If the court determines at any stage of the
proceeding, before or after appointment, that the interests of the minor are or may be
inadequately represented, the court may appoint an attorney to represent the minor, giving
consideration to the choice of the minor if the minor has attained 14 years of age, The court
shall provide reasonable compensation to and reimburse the reasonable expenses of an
nttorney appointed for the minor under this subseotion; If the court finds that the minor is
indigent, the fees of an attorney appointed under this subsection must be paid by the Maine
Commission on Public Defense Services pursuant to Title 4, chapter 37. A minor may
appear with or through counsel, but the court is not restricted from requiring the minor to
be present for some or all of a hearing or other proceeding. A minor 14 years of age or
older must receive notice of any proceeding subsequent to the appointment of a guardian
through the same means as required for any other party> and the minor may consent, object
or otherwise participate in the proceeding.
Sec. C-35. 18-C MRSA §5-210, sub-§l, as amended by PL 2025, c. 511, §6, is
further amended to read;
1. Modification of guardianship order. A guardian of a minor, a parent of a minor,
a person interested in the welfare of a minor or the minor, if 14 years of age or older, may
file a motion asking the court to modify the terms of an order appointing a guardian or to
take other action in the best interest of the minor as circumstances require. The motion
must be filed with the court and served on all parties entitled to notice, In a contested
action, the court may appoint counsel for the minor or for any indigent guardian or parent.
If the court appoints counsel for a minor or an indigent guardian or parent under tliis
subsection, the eeyrt Maine Commission on Public Defense Services shall provide
reasonable compensation to and reimburse the reasonable expenses of the attorney pursuant
to Title 4. chapter 37, Unless the motion specifies that it is filed with the consent of all
parties entitled to notice, the matter must be set for hearing to determine whether there has
been a substantial change in circumstances necessitating modification of the order and how
the court should modify the order in furtherance of the best interest of the minor and the
parent's rights. The court may identify certain requirements that must be met before
specific provisions of the order are modified. A court may modify a term of a guardianship
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order as needed to grant relief to a party to address contempt or other failure to follow the
order.
Sec. C-36. 18-C MRSA §5-210, sub-§7, as amended by PL 2025,c. 511,§7, is
further amended to read;
7. Parent's petition to terminate guardianship; burden of proof. A parent may
bring a petition to terminate the guardianship of a minor. A parent's notification to the
court of the revocation of prior consent for a guardianship must be considered a petition to
terminate the guardianship. Before the court may apply the termination requirements in
subsection 6, a party opposing a parent's petition to terminate a guardianship bears the
burden of proving by clear and convincing evidence that the parent seeking to terminate
the guardianship is currently unfit to regain custody of the minor, in accordance with the
standard set forth in section 5-204, subsection 2, paragraph C. If the party opposing
termination of the guardianship fails to meet its burden of proof on the question of the
parent's fitness to regain custody, the court shall terminate the guardianship and make any
further order that may be appropriate. In a contested action, the court may appoint counsel
for the minor or for any indigent guardian or parent. If the court appoints counseVw-a
minor or an-indigent guardian or parent under this subsection, the oourt shall provide
reasonablo compensation to and reimburse the reasonable expenses of the attorney. If the
court finds that the minor, euardian or parent for whom an attorney aDoomted ynder this
subsection is indigent, the appointed attorney's fees must be paid by the Maine
Commission on Public Defense Services pursuant to Title 4. chapter 37. In ruling on a
petition to terminate a guardianship, the court may modify the terms of the guardianship or
order transitional arrangements pursuant to section 5-211.
Sec. C'37. 18-C MRSA §5-305, sub-§3 is enacted to read:
3._Payment. Section 5-119, subsection 1 governs payment of an attorney appointed
by the court to represent a respondent under this section.
Sec. C-38. 18-C MRSA §5-406, sub"§3, as amended by PL 2025, c. 511,§9, is
further amended by amending the first blocked paragraph to read:
If the court appoints counsel for a parent under this subsection and makes a finding that the
parent is indigent, the court shall provide roasonablo compensation to and reimburse-the
reasonable expenses of the attorney appointed attomey's fees must be paid by the Maine
Commission on Public Defense Services pursuant to Title 4, chapter 37.
Sec. C-39. 18-C MRSA §5-507, sub-§3, as amended by PL 2025,c.511,§11, is
further amended by amending the first blocked paragraph to read;
If the court appoints counsel for a parent under this subsection and makes a finding that the
parent is indigent, the eourt shall provide reasonable compensation to and reimburse the
ronsonable-expenseo of the attorney appointed attorney's fees must be paid by the Maine
8 Commission on Public Defense Services pursuant to Title 4. chapter 37.
See. C-40. 18-C MRSA §9-106, as amended by PL 2025, c. 511,§§12 and 13, is
further amended to read:
§9-106. Legal representation
1. Attorney for parents. The parents are entitled to an attorney for any hearing held
pursuant to this Article. If a parent or putative parent wants an attorney but is unable to
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "ft " to S,P. 684, L.D, 1766 ( S>" 5 '2>'z^
} afford one, the parent or the putative parent may request the court to appoint an attorney,
If the court finds the requesting party indigent, the court shall appoint and provide
reasonable-oompensation to and reimburse the reasonablo expenses of the attorney of the
indigent party an attorney and the attorney's fees must be paid by the Maine Commission
on Public Defense Services pursuant to Title 4. chapter 37. The attorney may not be the
attorney for the adoptive parents,
2. Attorney for minor indigent parent. When the adoptee is unrelated to the
petitioner, the court shall appoint an attorney who is not the attorney for the adoptive
parents to represent a minor indigent parent at every stage of the proceedings unless the
minor indigent parent refuses representation or the court determines that representation is
unnecessary. If the court appoints counsel for a minor indigent parent under this
subsection, the court shall provide reasonable compensation-to-and-reimbuFse-the
reasonable expenses of the attorney. The fees of an attorney appointed for a minor indigent
parent under this subsection must be paid by the Maine Commission on Public Defense
Services pursuant to Title 4, chapter 37,
Sec. C-41. 18-C MRSA §9-315, sub-§l, ^[A, as amended by PL 2025, c.511,
§ 14, is further amended to read:
A. If the adoptee is a minor, the court shall appoint a guardian ad litem on behalf of
the minor adoptee and shall consider the best interest of the child, taking into account
the factors set forth in Title 19-A, section 1653, subsection 3. The court shall sustain
the decree unless there is clear and convincing evidence of one or more bases for
annulment and that the decree is not in the best interest of the child. The court may
allocate the costs of the guardian ad litem to one or more of the parties or. if the parties
are indieent. the court shall pay the reasonable costs and expenses of the guardian ad
litenL
The court may allooote the ooots of the guardian ad litem to one or more of the parties
and may appoint counsel for a minor adoptee or a party to the annulment proceedings.
If the court appoints counsel for a minor or an indigent party under this paragraph, the
court shall provide reasonable oompensatioit-to and reimburse the reasonable expenses
of-the-attorney finds that the minor adoptee or the party for whom counsel is appointed
under this DaraRraph i^ indigent. the appointed attorney's fees must be paid by the
Maine Commission on Public Defense Services pursuant to Title 4. chapter 37. A minor
adoptee may appear and be represented by counsel.'
Amend the bill in Part C in section 43 in the first line (page 30, line 7 in L.D.) by
striking out the following: "2027" and inserting the following; •20291
Amend the bill in Part D in section 2 in c. 7-A in §420 by striking out all of subsection
4 (page 37, lines 40 and 41 and page 38, lines I to 5 in L.D.) and inserting the following;
8 '4. Appointmentsi convenine of commission. All appointments must be made no
later thanJanuary 1, 2033. The aDDomtmg authorities shall notify the Executive Director
of the Leeislative Council once all aopointments 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 January 1. 2033 a majority of but not all appointments have been
made. the chairs may request authority and the LeRislative Council may erant authority for
the commission to meet and conduct its business.'
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT ",^" to S,P, 684, L.D. 1766 ^ -S3?>
Amend the bill in Part D in section 2 in c. 7"A in §420 by striking out all of subsection
9 (page 38, lines 42 to 44 and page 39, lines 1 and 2 in L.D.) and inserting the following:
'9. Report. No later than December 31. 2033. the commission shall submit a report
thatmchidesitsjlndjngs and recommendations. which may include suggested legislatiQn,
for presentation to the joint standing committee of the Legislature havmp jurisdiction over
iudiciai'v matters. The joint standine committee may report outlegislation related to the
report to the Second Regular Session of the 136th Leeislature.'
Amend the bill in Part D in section 2 in c. 7-A in §420 by striking out all of subsection
10 (page 39, line 3 in L.D.) and inserting the following:
'10. Repeal. This section is repealed June 1.2034.'
Amend the bill in Part D by striking out all of section 5 and inserting the following;
'See. D-5. 18-C MRSA §1-305-A is enacted to read:
SX-305-A. Records and certified copies; judicial supervision
The reeister shall maintain records and files and provide copies of documents as
providedjn sections 1-501 to 1"511 and further records and copies as the Supreme Jydicjal
Court may by rule provide. The reeister is subject to the supervision and authority of the
iudee assigned by the Chief Judee of the Probate Court under Title 4. section 413.
subsection 2 as the orimarv Probate Court Judee in the repion inwhich the register serves.'
Amend the bill in Part D by striking out all of sections 7 and 8 and inserting the
following:
'Sec.D-7. 18-C MRSA §1-506-A is enacted to read:
S1-506-A. Deputy reeister of probate
A reeister may apDoint a deputy register for the county, subject to the reauit'emenfs of
Title 30-A. section 501. The deputy reeister may perform any of the duties prescribed by
law to_be_t)erfQrmed bv the register. The signature of the deputy register has the same effect
as the signature of the register. The deputy reeister shall give bond to the county for the
faithful discharee of the deputy register's duties in the same sum and in the same manner
as theregister, The deputy reeister shall act as register in the event of a vacancy or absence
of the reeister. until the register resumes the register's duties or another person is qualified
as register. The deputy reeister is entitled to receive an annual salary established by the
register and approved by the county commissioners,
2 In the case of an absence of the repister in a county where a deputy register has not
been appointed or in the case of a vacancy in the office of register due to death, resignation
or anv other cause, the iudee assigned by the Chief Judge of the Probate Court under Title
4. section 413, subsection 2 as the primary Probate Court Judge in the region shall aoooint
a su itable person to act as register m'o tempore until the reeister resumes the duties of office
or another person isqualified as register. A reeister pro temooi'e must be sworn and,if the
iudaereciuu'es it, shall eive bond as in the case of the register,
Sec. D-8. 18-C MRSA §1-507-A is enacted to read;
S1-507-A. InsDectioiLof reeister's conduct of office
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"^ " to S.P, 684, L,D, 1766 L ^
The Judge assigned by the Chief Judge of the Probate Court under Title 4. section 413.
subsection 2 as the m'imarv Probate Court Judge in the reeion shall constantly inspect the
conduct of the register with respect to the register's records and duties and give information
in writing of any breach of the register's bond to the treasurer of the county, who shall bring
a civil action, Any funds recovered in the civil action must be applied toward the expenses
of completing the records of the register under the direction of the j udge. and the surplus.
if any. must inure to the county, If the funds are insufficient. the treasurer may recoyerthe
deficiency from tlie register in a civil action.
Sec.D-9. l8"C MRSA §1-508-A is enacted to read;
S1-508-A. Register incapable or neelects duties
When a register is unable to perform or neglects the duties of the office. the iudee shall
certify the register's inability or neglect to the county treasurer, the time of the
commencement and termination of the inability or neglect and the name of the person who
has performed the duties for that time period. The treasurer shall pay tlie person named by
the iudee a salary in oroDortion to the time that the person has performed the^ duties ofthe
reeister and the amount must be deducted from the register's salary. For oufposes of this
section. "Judge" means the judge assigned by the Chief Judge of the Probate Court under
Title 4. section 413. subsection 2 as the primary Probate Court Judge in the region.'
Amend the bill in Part D in section 12 in the 3rd line (page 40, line 25 in L.D.) by
striking out the following; "2029" and inserting the following: '2031'
Amend the bill in Part D in section 13 in the first line (page 40, line 28 in L.D.) by
striking out the following: "2029" and inserting the following; '2031'
Amend the bill by inserting after Part D the following;
"PART E
Sec. E-l. Appropriations and allocations. The following appropriations and
allocations are made,
JUDICIAL DEPARTMENT
Courts - Supreme, Superior and District 0063
Initiative: Establishes one Process Specialist position and one Project Manager position
and provides funding for related All Other costs.
GENERAL FUND
POSITIONS - LEGISLATIVE COUNT
Personal Services
All Other
GENERAL FUND TOTAL $0 $421,894
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
2025-26
0.000
$0
$0
2026-27
2.000
$405,174
$16,720
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT" A." to S.P. 684, L.D. 1766 ( &\
SUMMARY
This amendment, which is the majority report of the committee, delays by 2 years the
proposed transition from part-time, elected county Probate Judges to full-time, appointed
state Probate Judges. Under the amendment, on January 1, 2029, the first cohort of 4 full-
time state Probate Judges appointed by the Governor and confirmed by the Legislature will
begin presiding over probate proceedings in York, Kennebec, Somerset and Aroostook
counties, On Januaiy 1 , 2031, the state Probate Court will operate statewide, presided over
by 9 full-time state Probate Judges appointed by the Governor and confirmed by the
Legislature, one of whom will be assigned by the Chief Judge of the Probate Court to serve
as the primary judge in each court region of the State. The amendment also recognizes the
authority of the Supreme Judicial Court and the Chief Justice of the Supreme Judicial Court
to oversee the transition from part-time, elected county Probate Judges to full-time,
appointed state Probate Judges, including by issuing any necessary administrative orders
or adopting or amending any applicable procedural or ethical rules,
The amendment clarifies that during the transition period, in the counties no longer
served by an elected county Probate Judge, the statutory supervisory duties of the county
Probate Judge must be assumed by a state Probate Judge assigned by the Chief Judge of
the Probate Court to preside over probate proceedings in that county. Beginning January
1,2031, these statutory supervisory duties will be assumed in each county by the Probate
Judge assigned by the Cliief Judge of the Probate Court to serve as the primary judge in
that region of the State,
The amendment also incorporates an appropriations and allocations section and makes
technical changes to the provisions of the bill affected by the enactment of Public Law
2025, chapter 511,
FISCAL NOTE REQUIRED
. (See attached)
Pagel4-132LR1103(02)
COMMITTEE AMENDMENT
Revised; 03/02/26 t-Kt-
LD 1766 LR 1103(02)
An Act to Incorporate Probate Judges into the Maine Judicial Branch
Fiscal Note for Bill as Amended by Committee Amendment "^ ^S'5'53
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $421,894 $433,696 $3,908,244
. -(Ipropriations/AIlocations
General Fund $0 $421,894 $433,696 $3,908,244
Fiscal Detail and Notes
The bill includes General Fund appropriations to the Judicial Branch of $421,894 in fiscal year 2026-27 to establish
one Process Specialist position and one Project Manager position to support implementation of the process to
incorporate probate judges into the Maine Judicial Branch,
The responsibilities created by this bill will continue beyond tlie current biennium and will expand as additional
phases of the transition to a state Probate Court are implemented. The Judicial Branch anticipates that additional
resources will be required in future biennia beyond those provided in this bill. Any requests for funding to support
ongoing implementation, including staffing and related costs, would be made through a future biennial budget process
and are not reflected in this fiscal note.
In order to provide attorneys for the probate cases, the Maine Commission on Public Defense Services will require a
General Fund appropriation of $4,000,000 beginning in fiscal year 2031.
LR1103(02) - Fiscal Note " Page 1 of 1