reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 2: JURISDICTION › 4 §252. Equity jurisdiction

§252. Equity jurisdiction
The courts of probate shall have jurisdiction in equity, concurrent with the Superior Court, of all cases and matters relating to the administration of the estates of deceased persons, to wills and to trusts which are created by will or other written instrument. Such jurisdiction may be exercised upon complaint according to the usual course of proceedings in civil actions in which equitable relief is sought.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 2: JURISDICTION › 4 §253. Jurisdiction in court where proceedings originate

§253. Jurisdiction in court where proceedings originate
Subject to Title 18‑C, sections 1‑303 and 3‑201, and except as otherwise provided in Title 18‑C, section 5‑105, when a case is originally within the jurisdiction of the probate court in 2 or more counties, the one that first commences proceedings therein retains the same exclusively throughout. The jurisdiction assumed in any case, except in cases of fraud, so far as it depends on the residence of any person or the locality or amount of property, may not be contested in any proceeding whatever, except on an appeal or removal from the probate court in the original case or when the want of jurisdiction appears on the same record.   [PL 2017, c. 402, Pt. C, §4 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1979, c. 540, §7 (AMD). PL 2017, c. 402, Pt. C, §4 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §301. Terms; vacancies; salary

§301. Terms; vacancies; salary
Judges of probate are elected or appointed as provided in the Constitution of Maine. Only attorneys at law admitted to the general practice of law in this State and resident in this State may be elected or appointed as judges of probate. Their election is effected and determined as is provided respecting county commissioners; and they enter upon the discharge of their duties on the first day of January following their election; but, when appointed to fill vacancies, their terms commence on their appointment. Vacancies caused by death, resignation, removal from the county, permanent incapacity as defined in Title 30‑A, section 1, subsection 2‑A or any other reason must be filled as provided in the Constitution of Maine. In the case of a vacancy in the term of a judge of probate who was nominated by primary election before the general election, the judge of probate appointed by the Governor to fill the vacancy until a successor is chosen at election must be enrolled in the same political party as the judge of probate 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.   [PL 1995, c. 683, §1 (AMD).]
Judges of probate in the several counties are entitled to receive annual salaries as set forth in Title 30‑A, section 2.   [PL 1995, c. 245, §1 (AMD).]
The fees to which judges of probate are entitled by law must be taxed and collected and paid over by the registers of probate to the county treasurers by the 15th day of every month following the month in which they were collected for the use of their counties with the exception of the fees provided in section 304, which must be retained by the judge who collects those fees in addition to the judge's salary.   [PL 1995, c. 245, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 40, §1 (AMD). PL 1987, c. 737, §§C3,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1995, c. 245, §1 (AMD). PL 1995, c. 683, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §302. Officers execute processes and attend courts

§302. Officers execute processes and attend courts
Sheriffs, their deputies and constables shall execute all legal processes directed to them by any such judge of probate, who may, when necessary, require such officer, when not in attendance upon any other court, to attend during the sitting of the probate court, for which that officer must be paid as in other courts for similar services.   [RR 2021, c. 1, Pt. B, §8 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §8 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §303. Continuous session; return day for matters requiring public notice

§303. Continuous session; return day for matters requiring public notice
Probate court shall always be open in each county for all matters over which it has jurisdiction, except upon days on which by law no court is held, but it shall have certain fixed days and places to be made known by public notification thereof in their respective counties to which all matters requiring public notice shall be made returnable, except as otherwise ordered by the judge. In case of the absence of the judge or vacancy in the office at the time of holding any court, the register or acting register may adjourn the same until the judge can attend or some other probate judge can be notified and attend.   [PL 1965, c. 238 (AMD).]
SECTION HISTORY
PL 1965, c. 238 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §304. Equity and contested cases; time and place of hearing

§304. Equity and contested cases; time and place of hearing
Judges of probate may hold hearings for matters in equity and contested cases at such time and place in the county as the judge of probate may appoint and make all necessary orders and decrees relating thereto, and when hearings are held at other places than those fixed for holding the regular terms of court, the judge is allowed, in addition to that judge's regular salary, $5 per day and actual expenses, which must be paid by the State unless otherwise provided by law.   [RR 2021, c. 1, Pt. B, §9 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §9 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §305. Term of Fort Kent and Caribou probate court

§305. Term of Fort Kent and Caribou probate court
The judge of probate in and for the County of Aroostook shall hold a court of probate at least twice in each year at Fort Kent and at least 4 times each year at Caribou in the county. The time for holding the court shall be appointed by the judge and made known by public notification as provided in section 303.   [PL 1979, c. 41 (RPR).]
SECTION HISTORY
PL 1979, c. 41 (RPR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §306. Interchange of judicial duties; expenses

§306. Interchange of judicial duties; expenses
During the sickness, absence from the State or inability of any judge of probate to hold the regular terms of that judge's court, such terms, at the judge's request or that of the register of the county, may be held by the judge of any other county. The judges may interchange service or perform each others' duties when they find it necessary or convenient, and in case of a vacancy in the office of a judge, all necessary terms of the probate court for the county may, at the request of the register, be held by the judge of another county until the vacancy is filled. The orders, decrees and decisions of the judge holding such terms have the same force and validity as if made by the judge of the county in which such terms are held.   [RR 2021, c. 1, Pt. B, §10 (COR).]
When any judge of probate holds court or a hearing in any probate matter, or in equity, in any county other than the one in which that judge resides, that judge must be reimbursed by the county in which such court or hearing is held for that judge's expenses actually and reasonably incurred, upon presentation to the county commissioners of that county of a detailed statement of such expenses.   [RR 2021, c. 1, Pt. B, §10 (COR).]
SECTION HISTORY
PL 1965, c. 513, §5-A (AMD). RR 2021, c. 1, Pt. B, §10 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §308. Certification of unfinished acts of predecessor judge

§308. Certification of unfinished acts of predecessor judge
Every judge, upon entering on the duties of that judge's office, shall examine the records, decrees, certificates and all proceedings connected therewith that the judge's predecessor left unsigned or unauthenticated. If the judge finds them correct, the judge shall sign and authenticate them and they are then as valid to all intents and purposes as if such duty had been done by the judge's predecessor while in office.   [RR 2021, c. 1, Pt. B, §12 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §12 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §309. Judge not to counsel or draft documents

§309. Judge not to counsel or draft documents
A judge of probate may not have a voice in judging and determining or be attorney or counselor in or out of court in any civil action or matter that depends on or relates to any sentence or decree made by that judge of probate in that judge of probate's office, or in any civil action for or against any executor, administrator, guardian or trustee under any last will and testament, as such, within that judge of probate's county. Any process or proceeding commenced by a judge of probate in the probate court for that judge of probate's county in violation of this section is void, and that judge of probate is liable to the party injured in damages. A judge of probate may not draft or aid in drafting any document or paper that the judge of probate is by law required to pass upon.   [RR 2021, c. 1, Pt. B, §13 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §13 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §310. Perpetual care of cemetery lots by order

§310. Perpetual care of cemetery lots by order
Judges of probate, in any case in which an estate is under their jurisdiction for probate, shall have the power to order that an appropriate amount out of the estate be set aside for perpetual care and suitable memorials for the cemetery lot in which the deceased is buried, and to order special care of such lots when the conditions and size of the estate seem to warrant such order.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §311. Contracts for support

§311. Contracts for support
All contracts for support for life shall be approved by the Probate Court in the county in which the support for life is to be rendered. The Probate Court shall grant approval after such reasonable notice as the court shall determine to be appropriate, if the court shall find, after hearing, that the contract is just and equitable under all of the circumstances.   [PL 1969, c. 434 (NEW).]
A contract or agreement for support for life without such Probate Court approval shall not be received in evidence unless the person offering the contract or agreement shall establish by a preponderance of the evidence that the contract or agreement is just and equitable under all of the circumstances.   [PL 1969, c. 434 (NEW).]
This section shall not apply to such contracts or agreements between persons related within the 3rd degree.   [PL 1969, c. 434 (NEW).]
SECTION HISTORY
PL 1969, c. 434 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 3: JUDGES › 4 §312. Political activities of judges of probate

§312. Political activities of judges of probate
As a candidate for the elective office of judge of probate or as an elected judge, a person seeking or holding the office of judge of probate may engage in any political activity that would be lawful for a candidate for any other elected county office or for an incumbent elected county official. Any such judge may hold any other elected office or offices not made incompatible by the Constitution of Maine.   [PL 1993, c. 695, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 695, §1 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 4: RULES OF PRACTICE › 4 §351. Procedural rules; blanks; revision; approval (REPEALED)

§351. Procedural rules; blanks; revision; approval
(REPEALED)
SECTION HISTORY
PL 1971, c. 94, §§1,2 (AMD). PL 1979, c. 540, §§7-A (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 4: RULES OF PRACTICE › 4 §352. Blanks and records provided

§352. Blanks and records provided
Each county shall provide all necessary printed blanks and record books for its probate courts and courts of insolvency, and said record books may be printed to correspond with the printed blanks.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 5: APPEALS › 4 §401. Appellate jurisdiction; special guardians; appeal to law court (REPEALED)

§401. Appellate jurisdiction; special guardians; appeal to law court
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §7-B (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 5: APPEALS › 4 §402. Bond on appeal; service of reasons for appeal (REPEALED)

§402. Bond on appeal; service of reasons for appeal
(REPEALED)
SECTION HISTORY
PL 1979, c. 540, §7-B (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 7: PROBATE COURT › Subchapter 5: APPEALS › 4 §406. Hearing on appeal (REPEALED)

§406. Hearing on appeal
(REPEALED)
SECTION HISTORY
PL 1973, c. 625, §11 (AMD). PL 1979, c. 540, §7-B (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 8: SUBSTANCE USE DISORDER TREATMENT PROGRAMS › 4 §421. Establishment

§421. Establishment
1.  Programs.
The Judicial Department may establish substance use disorder treatment programs in the Superior Courts and District Courts and may adopt administrative orders and court rules to govern the practice, procedure and administration of these programs. Substance use disorder treatment programs must include local judges and must be community based and operated separately from juvenile drug courts.
[PL 2017, c. 407, Pt. A, §2 (AMD).]
2.  Goals.
The goals of the substance use disorder treatment programs authorized by this chapter include the following:
A. To reduce substance use and dependency among criminal offenders;   [PL 2017, c. 407, Pt. A, §2 (AMD).]
B. To reduce criminal recidivism;   [PL 1999, c. 780, §1 (NEW).]
C. To increase personal, familial and societal accountability of offenders;   [PL 1999, c. 780, §1 (NEW).]
D. To promote healthy and safe family relationships;   [PL 1999, c. 780, §1 (NEW).]
E. To promote effective interaction and use of resources among justice system personnel and community agencies; and   [PL 1999, c. 780, §1 (NEW).]
F. To reduce the overcrowding of prisons.   [PL 1999, c. 780, §1 (NEW).]
[PL 2017, c. 407, Pt. A, §2 (AMD).]
3.  Collaboration.
The following shall collaborate with and, to the extent possible, provide financial assistance to the Judicial Department in establishing and maintaining substance use disorder treatment programs:
A. District attorneys, the Department of the Attorney General and statewide organizations representing prosecutors;   [PL 1999, c. 780, §1 (NEW).]
B. Defense attorneys, including statewide organizations representing defense attorneys;   [PL 1999, c. 780, §1 (NEW).]
C. The Department of Corrections;   [PL 1999, c. 780, §1 (NEW).]
D. The Department of Health and Human Services;   [PL 1999, c. 780, §1 (NEW); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
E. The Department of Public Safety;   [PL 1999, c. 780, §1 (NEW).]
F. The Department of Education;   [PL 1999, c. 780, §1 (NEW).]
G. The business community;   [PL 1999, c. 780, §1 (NEW).]
H. Local service agencies; and   [PL 1999, c. 780, §1 (NEW).]
I. Statewide organizations representing drug court professionals.   [PL 1999, c. 780, §1 (NEW).]
[PL 2017, c. 407, Pt. A, §2 (AMD).]
SECTION HISTORY
PL 1999, c. 780, §1 (NEW). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2017, c. 407, Pt. A, §2 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 8: SUBSTANCE USE DISORDER TREATMENT PROGRAMS › 4 §422. Programs

§422. Programs
1.  Coordinator of Diversion and Rehabilitation Programs.
The judicial branch shall employ a Coordinator of Diversion and Rehabilitation Programs. The Coordinator of Diversion and Rehabilitation Programs is responsible for helping the judicial branch establish, staff, coordinate, operate and evaluate diversion and rehabilitation programs in the courts.
[PL 2003, c. 711, Pt. A, §1 (RPR).]
2.  Pass-through services.
The Administrative Office of the Courts, with the assistance of the Coordinator of Diversion and Rehabilitation Programs, may enter into cooperative agreements or contracts with:
A. The Department of Health and Human Services or other federal-licensed treatment providers or state-licensed treatment providers to provide substance use disorder services for substance use disorder treatment program participants. To the extent possible, the substance use disorder treatment programs must access existing substance use disorder treatment resources for substance use disorder treatment program participants;   [PL 2017, c. 407, Pt. A, §3 (AMD).]
B. The Department of Corrections, Division of Community Corrections or other appropriate organizations to provide for supervision of substance use disorder treatment program participants;   [PL 2017, c. 407, Pt. A, §3 (AMD).]
C. The Department of Corrections or other appropriate organizations to provide for drug testing of substance use disorder treatment program participants;   [PL 2017, c. 407, Pt. A, §3 (AMD).]
D. Appropriate organizations to provide for a drug court manager at each substance use disorder treatment program location;   [PL 2017, c. 407, Pt. A, §3 (AMD).]
E. Appropriate organizations and agencies for training of substance use disorder treatment program staff and for evaluation of substance use disorder treatment program operations;   [PL 2017, c. 407, Pt. A, §3 (AMD).]
F. Appropriate local, county and state governmental entities and other appropriate organizations and agencies to encourage the development of diversion and rehabilitation programs; and   [PL 2003, c. 711, Pt. A, §2 (NEW).]
G. Appropriate organizations and agencies for the provision of medical, educational, vocational, social and psychological services, training, counseling, residential care and other rehabilitative services designed to create, improve or coordinate diversion or rehabilitation programs.   [PL 2003, c. 711, Pt. A, §2 (NEW).]
[PL 2017, c. 407, Pt. A, §3 (AMD).]
SECTION HISTORY
PL 1999, c. 780, §1 (NEW). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2003, c. 711, §§A1,2 (AMD). PL 2011, c. 657, Pt. AA, §2 (AMD). PL 2017, c. 407, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 8: SUBSTANCE USE DISORDER TREATMENT PROGRAMS › 4 §423. Reports

§423. Reports
The Judicial Department shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by February 15th annually on the establishment and operation of substance use disorder treatment programs in the courts. The report must cover at least the following:   [PL 2019, c. 501, §1 (AMD).]
1.  Training.
Judicial training;
[PL 1999, c. 780, §1 (NEW).]
2.  Locations.
Locations in which the substance use disorder treatment programs are operated in each prosecutorial district;
[PL 2017, c. 407, Pt. A, §4 (AMD).]
3.  Participating judges and justices.
Judges and justices participating in the substance use disorder treatment programs at each location;
[PL 2017, c. 407, Pt. A, §4 (AMD).]
4.  Community involvement.
Involvement of the local communities, including the business community and local service agencies;
[PL 1999, c. 780, §1 (NEW).]
5.  Education.
Educational components;
[PL 1999, c. 780, §1 (NEW).]
6.  Existing resources.
Use of existing substance use disorder resources;
[PL 2017, c. 407, Pt. A, §4 (AMD).]
7.  Statistics.
Statistical summaries of each substance use disorder treatment program;
[PL 2017, c. 407, Pt. A, §4 (AMD).]
8.  Collaboration.
Demonstration of the collaboration required under section 421, subsection 3, including agreements and contracts, the entities collaborating with the Judicial Department, the value of the agreements and contracts and the amount of financial assistance provided by each entity; and
[PL 1999, c. 780, §1 (NEW).]
9.  Evaluation of programs.
Evaluation of substance use disorder treatment programs individually and overall.
[PL 2017, c. 407, Pt. A, §4 (AMD).]
SECTION HISTORY
PL 1999, c. 780, §1 (NEW). PL 2013, c. 159, §8 (AMD). PL 2017, c. 407, Pt. A, §4 (AMD). PL 2019, c. 501, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 8-A: MENTAL HEALTH TREATMENT COURTS › 4 §431. Mental health treatment courts

§431. Mental health treatment courts
1.  Treatment courts; funding.
The Judicial Department may seek and receive grants to establish mental health treatment courts.
[PL 2001, c. 520, §1 (NEW).]
2.  Report.
Before implementing a mental health treatment court, the Judicial Department shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters on at least:
A. The funding mechanism and the expected duration of the funding;   [PL 2001, c. 520, §1 (NEW).]
B. The plans for the mental health treatment court, which must include an evaluation component to determine the efficacy of the treatment court on short-term and long-term bases;   [PL 2001, c. 520, §1 (NEW).]
C. The potential fiscal effects on the State; and   [PL 2001, c. 520, §1 (NEW).]
D. Recommended legislation to implement the mental health treatment court, if any.   [PL 2001, c. 520, §1 (NEW).]
[PL 2001, c. 520, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 520, §1 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 8-B: VETERANS TREATMENT COURTS › 4 §433. Veterans treatment courts

§433. Veterans treatment courts
1.  Definition.
As used in this section, unless the context otherwise indicates, "veterans treatment court" means a specialized sentencing docket in select criminal cases in which the defendant is a veteran or member of the United States Armed Forces to enable veterans agencies and social services agencies to provide treatment for that defendant. The court does not provide treatment but contracts or collaborates with experienced and expert treatment providers.
[PL 2011, c. 500, §1 (NEW).]
2.  Chief Justice may establish.
The Chief Justice of the Supreme Judicial Court may establish veterans treatment courts for veterans and members of the United States Armed Forces. The Supreme Judicial Court may adopt administrative orders and court rules of practice and procedure as necessary.
[PL 2011, c. 500, §1 (NEW).]
3.  Federal funding; contracts; cooperative agreements.
The State Court Administrator, district attorneys, the Department of the Attorney General, the Department of Corrections, the Department of Defense, Veterans and Emergency Management, the Department of Public Safety, the Department of Health and Human Services and private service agencies may seek federal funding as it becomes available for the establishment, maintenance and expansion of veterans treatment courts and for the provision by participating agencies of treatment to participating veterans. The Administrative Office of the Courts may enter into contracts and cooperative agreements with the departments and agencies to provide treatment and other social services to participants. The departments and agencies shall collaborate and, to the extent possible, provide financial and other assistance to the judicial branch in order to establish and maintain veterans treatment courts.
[PL 2011, c. 500, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 500, §1 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 9: MAINE CRIMINAL JUSTICE SENTENCING INSTITUTE › 4 §451. Establishment (REPEALED)

§451. Establishment
(REPEALED)
SECTION HISTORY
PL 1965, c. 240, §1 (AMD). PL 1975, c. 771, §21 (AMD). PL 1979, c. 36 (AMD). PL 1983, c. 631 (AMD). PL 1983, c. 812, §10 (AMD). PL 1985, c. 506, §§A1-A (RPR). PL 1985, c. 779, §6 (AMD). PL 1989, c. 503, §B8 (AMD). PL 1989, c. 891, §A8 (AMD). PL 1993, c. 401, §1 (AMD). PL 1997, c. 134, §2 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 9: MAINE CRIMINAL JUSTICE SENTENCING INSTITUTE › 4 §451-A. Courts' future implementation by Judicial Council (REPEALED)

§451-A. Courts' future implementation by Judicial Council
(REPEALED)
SECTION HISTORY
PL 1993, c. 401, §2 (NEW). PL 1997, c. 134, §3 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 9: MAINE CRIMINAL JUSTICE SENTENCING INSTITUTE › 4 §453. Expenses (REPEALED)

§453. Expenses
(REPEALED)
SECTION HISTORY
PL 1965, c. 240, §2 (AMD). PL 1983, c. 812, §11 (RPR). PL 1989, c. 891, §A9 (AMD). PL 1997, c. 134, §5 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 9: MAINE CRIMINAL JUSTICE SENTENCING INSTITUTE › 4 §454. Maine Criminal Justice Sentencing Institute

§454. Maine Criminal Justice Sentencing Institute
There is established a Maine Criminal Justice Sentencing Institute under the administrative supervision of the State Court Administrator to provide a continuing forum for the regular discussion of the most appropriate methods of sentencing convicted offenders and adjudicated juveniles by judges in the criminal justice system, prosecutors, law enforcement and correctional personnel, representatives of advisory and advocacy groups and such representatives of the defense bar as the Chief Justice of the Supreme Judicial Court may invite. All Supreme Judicial Court, Superior Court and District Court Judges, all District Attorneys and attorneys within the Criminal Division of the Office of the Attorney General are, and such other criminal justice personnel as the Chief Justice of the Supreme Judicial Court may authorize may be, members of the institute.   [PL 1999, c. 547, Pt. B, §11 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]
When sufficient funding is allocated by the Legislature, the institute shall meet, at the call of the Chief Justice of the Supreme Judicial Court, for a 2-day period to discuss recommendations for changes in the sentencing authority and policies of the State's criminal and juvenile courts, in response to current law enforcement problems and the available alternatives for criminal and juvenile rehabilitation within the State's correctional system. Inasmuch as possible the deliberations of the institute must be open to the general public.   [PL 2013, c. 159, §9 (AMD).]
Members of the institute are not entitled to receive compensation for their services, but are allowed, out of any appropriation or other fund made available for the purpose, such expenses for clerical and other services, travel and incidentals as the Chief Justice of the Supreme Judicial Court may authorize.   [PL 1997, c. 134, §6 (AMD).]
SECTION HISTORY
PL 1975, c. 610, §1 (NEW). PL 1975, c. 650 (AMD). PL 1979, c. 47, §§1,2 (AMD). PL 1989, c. 925, §1 (AMD). PL 1997, c. 134, §6 (AMD). PL 1999, c. 547, §B11 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2013, c. 159, §9 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 10: JUDICIAL CONFERENCE OF MAINE › 4 §471. Judicial Conference of Maine

§471. Judicial Conference of Maine
There is a Judicial Conference of Maine, referred to in this section as "the conference," composed of judges and justices who shall advise and consult with the Supreme Judicial Court and the Chief Justice on matters affecting the administration of the Judicial Department, who shall review and discuss proposals from the Chief Justice and the State Court Administrator that affect the administration of the Judicial Department and who shall meet at least once each year for that purpose.   [RR 2021, c. 1, Pt. B, §14 (COR).]
A member of the conference may not receive any compensation for that member's services, but the conference and the several members thereof are allowed, out of judicial appropriation, such expenses for clerical and other services and travel incidentals as the State Court Administrator approves.   [RR 2021, c. 1, Pt. B, §14 (COR).]
SECTION HISTORY
PL 1975, c. 408, §19-A (NEW). PL 1977, c. 544, §11 (AMD). RR 2021, c. 1, Pt. B, §14 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 11: REFEREES, MASTERS AND AUDITORS › 4 §501. Appointment; fees

§501. Appointment; fees
In all cases in the Supreme Judicial or in the Superior Court in which the court appoints one or more persons, not exceeding 3, as referees, masters or auditors, to hear the same, their fees and necessary expenses, including stenographic services as determined by the Chief Justice or the Chief Justice's designee, must be paid by the State on presentation of the proper certificate of the clerk of courts for the county in which such case is pending, or by such of the parties, or out of any fund or subject matter of the action, which is in the custody and control of the court, or by apportionment among such sources of payment, as the court may direct. The amount thereof must be fixed by the court upon the coming in of the report. These referees, masters and auditors shall notify the parties of the time and place of hearing and have power to adjourn. Witnesses may be summoned and compelled to attend and may be sworn by the referees, masters or auditors. When there is more than one referee, master or auditor, all must hear, but a majority may report, stating whether all did hear. Their report may be recommitted. They may be discharged and others appointed.   [PL 2009, c. 166, §1 (AMD).]
No fee or compensation other than necessary expenses may be paid any Justice of the Supreme Judicial or of the Superior Court for services as referee, master or auditor, but this provision does not apply to an Active Retired Justice.   [PL 2009, c. 166, §1 (AMD).]
No per diem fee, other than necessary expenses, may be paid any Official Court Reporter for services in these cases.   [PL 2009, c. 166, §1 (AMD).]
A referee appointed to hear a dispute concerning real property must report the referee's decision within one year of appointment by the court unless good cause for extending this period is shown.   [PL 2009, c. 166, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 383, §5 (AMD). PL 1975, c. 408, §20 (AMD). PL 1977, c. 114, §§10-12 (AMD). PL 2009, c. 166, §1 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §551. Clerks of the judicial courts; appointments

§551. Clerks of the judicial courts; appointments
For each county, or if the Supreme Judicial Court has by rule established judicial regions, for each judicial region, the Chief Justice of the Superior Court shall appoint clerks as necessary to serve the Superior Court. A clerk of the District Court may also serve as the clerk of the Superior Court. If the business of any county or judicial region does not require the full-time service of a clerk, the Chief Justice of the Superior Court may appoint a part-time clerk for that county or region. Whenever a clerk is absent or temporarily unable to perform the duties of clerk and an existing or immediate session of the court requires it, the Chief Justice of the Superior Court may designate a clerk pro tempore who has the same powers and duties as the clerk. The clerks of the Superior Court shall also serve in their respective counties or judicial regions as clerks of the Supreme Judicial Court as needed.   [PL 1995, c. 560, Pt. I, §15 (AMD).]
SECTION HISTORY
PL 1967, c. 419, §1 (RPR). PL 1969, c. 229 (RPR). PL 1975, c. 254, §1 (RPR). PL 1975, c. 408, §21 (RPR). PL 1975, c. 735, §7 (RP). PL 1975, c. 735, §§8,9 (AMD). PL 1983, c. 131, §2 (AMD). PL 1985, c. 68, §1 (AMD). PL 1995, c. 560, §I15 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §554. Accounting by clerks

§554. Accounting by clerks
Clerks of judicial courts shall account monthly for all fees received by them or payable to them by virtue of their office, except those portions of fees collected for passports and naturalization proceedings that are payable to the Federal Government, specify the items and pay the whole amount of the same to the Treasurer of State at such times and in such manner as the Chief Justice of the Superior Court or the Chief Justice's designee from time to time specifies.   [PL 2015, c. 44, §2 (AMD).]
SECTION HISTORY
PL 1965, c. 330 (AMD). PL 1971, c. 544, §9 (AMD). PL 1975, c. 254, §3 (RP). PL 1975, c. 383, §6 (AMD). PL 1975, c. 408, §23 (AMD). PL 1975, c. 735, §10 (RPR). PL 1985, c. 68, §2 (AMD). PL 1991, c. 132, §3 (AMD). PL 2015, c. 44, §2 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §555. Fee schedule

§555. Fee schedule
The Supreme Judicial Court shall have the authority to prescribe rules establishing the fees of clerks of the judicial courts.   [PL 1979, c. 663, §10 (RPR).]
SECTION HISTORY
PL 1965, c. 256 (AMD). PL 1973, c. 355 (AMD). PL 1979, c. 425, §2 (RPR). PL 1979, c. 541, §A13 (AMD). PL 1979, c. 663, §10 (RPR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §557. Receipt and discharge of fines and costs voluntarily paid

§557. Receipt and discharge of fines and costs voluntarily paid
The clerk shall receive all fines, forfeitures and bills of costs imposed or accruing to the use of the State when paid or tendered to the clerk before a precept is issued to enforce collection, give discharges therefor and enter them of record.   [RR 2021, c. 1, Pt. B, §15 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §15 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §559. Completion of records of deceased clerk

§559. Completion of records of deceased clerk
Under direction of the Superior Court, the clerk shall complete unfinished records of a former clerk deceased, when from entries on the dockets and papers on file it sufficiently appears what judgment was rendered. Such record, when approved by the court, is valid.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §560. Duties as to lists of magistrates, discharges of soldiers and seamen; files of state paper (REPEALED)

§560. Duties as to lists of magistrates, discharges of soldiers and seamen; files of state paper
(REPEALED)
SECTION HISTORY
PL 1979, c. 13, §5 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §561. Taking illegal fees

§561. Taking illegal fees
A clerk who exacts or receives more than that clerk's lawful fees commits a civil violation for which a fine of $50 may be adjudged.   [RR 2021, c. 1, Pt. B, §16 (COR).]
SECTION HISTORY
PL 1977, c. 696, §24 (RPR). RR 2021, c. 1, Pt. B, §16 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §562. Deputies; oath and bond; clerk pro tempore (REPEALED)

§562. Deputies; oath and bond; clerk pro tempore
(REPEALED)
SECTION HISTORY
PL 1967, c. 544, §6 (AMD). PL 1969, c. 56 (AMD). PL 1969, c. 504, §§3-A (AMD). PL 1975, c. 254, §4 (RP). PL 1975, c. 383, §§8,9 (AMD). PL 1975, c. 408, §25 (AMD). PL 1975, c. 735, §12 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §563. Record of civil cases

§563. Record of civil cases
After the rendition of final judgment or decree in any civil action, the clerk shall, as soon as may be, make such a record thereof in short form, except in such specific instances as the court by general rule or special order may direct. If either party files a request and tenders the fees therefor, a full, extended record shall be made. The court may establish the form of such short form record and full, extended record.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §564. Record of criminal or traffic infraction cases; certain convictions or adjudications not criminal records

§564. Record of criminal or traffic infraction cases; certain convictions or adjudications not criminal records
In indictments, clerks shall make records of the process, proceedings, judgment and sentence as the Supreme Judicial Court may prescribe by rule. In criminal prosecutions or civil violation proceedings brought up by appeal from inferior courts, clerks shall make records of the process, proceedings, judgment and sentence as the Supreme Judicial Court may prescribe by rule.   [PL 1977, c. 114, §13 (RPR).]
Convictions for violation of the fish and wildlife laws or motor vehicle traffic laws or municipal ordinances where the fine imposed does not exceed $100 or adjudications for violations constituting traffic infractions shall not be deemed to constitute a criminal record against any person so convicted or adjudicated. This section shall not exempt any court from filing court abstracts as now required by law.   [PL 1977, c. 114, §13 (RPR).]
SECTION HISTORY
PL 1975, c. 430, §19 (AMD). PL 1975, c. 731, §14 (AMD). PL 1977, c. 114, §13 (RPR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §565. Examination and correction of records

§565. Examination and correction of records
The Chief Justice of the Superior Court may cause the records of each clerk to be examined and when found deficient, direct them to be immediately made or corrected, and when such order is not obeyed, the fact of such deficiency shall be certified to the Treasurer of State, who shall cause the clerk's bond to be sued.   [PL 1985, c. 68, §3 (AMD).]
SECTION HISTORY
PL 1985, c. 68, §3 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §566. Disposal of money collected by action on clerk's bond

§566. Disposal of money collected by action on clerk's bond
The money recovered in such action shall be applied under direction of the court, to complete the deficient records. If more than sufficient, the balance inures to the State. If not sufficient, the balance may be recovered by the Treasurer of State in an action founded on the bond and facts.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §567. No recording officer to be attorney or sue in own court nor draft nor aid in drafting paper to be recorded

§567. No recording officer to be attorney or sue in own court nor draft nor aid in drafting paper to be recorded
A clerk, register or recording officer of any court of the State may not be attorney or counselor in any civil action or matter pending in that court; neither may that person commence actions to be entered therein, or draft or aid in drafting any document or paper that that person is by law required to record, in full or in part. Violation of this section is a civil violation for which a fine not to exceed $100 may be adjudged. Notwithstanding provisions of this section, clerks may aid litigants in the preparation of small claims filings. Nothing prevents the clerk from rendering assistance of a general nature to the bar or the public.   [RR 2021, c. 1, Pt. B, §17 (COR).]
SECTION HISTORY
PL 1975, c. 383, §10 (AMD). PL 1975, c. 408, §26 (AMD). PL 1977, c. 78, §3 (RPR). PL 1977, c. 696, §25 (AMD). RR 2021, c. 1, Pt. B, §17 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §568. Duties of clerks as to records; fees

§568. Duties of clerks as to records; fees
All clerks of courts shall receive and safely keep all such records and papers lodged in their offices and give attested copies thereof, for which they shall receive the same fees as a notary. Such copies shall be as valid as if certified by notaries.
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §569. Clerks; taking of bail authorized (REPEALED)

§569. Clerks; taking of bail authorized
(REPEALED)
SECTION HISTORY
PL 1965, c. 356, §7 (NEW). PL 1987, c. 758, §4 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 13: CLERKS OF JUDICIAL COURTS › 4 §570. Executive Clerk of the Supreme Judicial Court

§570. Executive Clerk of the Supreme Judicial Court
The Chief Justice of the Supreme Judicial Court shall appoint an executive clerk of that court, whose authority, functions and duties shall be prescribed from time to time by the Supreme Judicial Court by rule or administrative order. The executive clerk of the Supreme Judicial Court may administer oaths and may sign and issue summonses, writs and other process in the name of the State and under the seal of the court.   [PL 1985, c. 68, §4 (NEW).]
SECTION HISTORY
PL 1985, c. 68, §4 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 1: REPORTERS IN THE SUPREME AND SUPERIOR COURTS › 4 §651. Appointment and duties; salary and expenses (REPEALED)

§651. Appointment and duties; salary and expenses
(REPEALED)
SECTION HISTORY
PL 1965, c. 512, §1 (AMD). PL 1967, c. 470, §1 (AMD). P&SL 1969, c. 197, §D2 (AMD). PL 1969, c. 203 (AMD). PL 1969, c. 480 (AMD). PL 1969, c. 590, §4 (AMD). PL 1971, c. 382 (AMD). PL 1971, c. 505 (AMD). PL 1973, c. 578 (AMD). PL 1973, c. 599, §3 (AMD). PL 1973, c. 788, §7 (AMD). PL 1975, c. 383, §11 (AMD). PL 1975, c. 408, §§27,27-A (AMD). PL 1975, c. 430, §20 (AMD). PL 1977, c. 208, §1 (RPR). PL 1981, c. 647, §§2,3 (AMD). PL 1987, c. 152 (AMD). PL 1991, c. 528, §E2 (RP). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E2 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 1: REPORTERS IN THE SUPREME AND SUPERIOR COURTS › 4 §651-A. Production of reviewable record

§651-A. Production of reviewable record
The Supreme Judicial Court shall prescribe rules that ensure the production of a reviewable record of proceedings before all state courts within the Judicial Department.   [PL 1991, c. 528, Pt. E, §3 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. E, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 528, §E3 (NEW). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E3 (NEW).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 1: REPORTERS IN THE SUPREME AND SUPERIOR COURTS › 4 §652. Approval and payment of reporters' expenses (REPEALED)

§652. Approval and payment of reporters' expenses
(REPEALED)
SECTION HISTORY
PL 1975, c. 383, §12 (RPR). PL 1975, c. 408, §28 (RPR). PL 1975, c. 735, §13 (RP). PL 1977, c. 208, §2 (RPR). PL 1991, c. 528, §E4 (RP). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §E4 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 1: REPORTERS IN THE SUPREME AND SUPERIOR COURTS › 4 §653. Authentication of evidence

§653. Authentication of evidence
In all cases coming before the Law Court from the Supreme Judicial Court or from the Superior Court in which a copy of the evidence is required by statute, rule of court or order of the presiding justice, a certificate signed by the Official Court Reporter or a transcriber of an electronically recorded record, stating that the report furnished by the reporter or transcriber is a correct transcript of the reporter's stenographic notes or the electronically recorded record of the testimony and proceedings at the trial of the cause, is a sufficient authentication of the reporter's stenographic notes or the electronically recorded record without the signature of the presiding justice.   [PL 2007, c. 539, Pt. JJ, §3 (AMD).]
SECTION HISTORY
PL 2007, c. 539, Pt. JJ, §3 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 1: REPORTERS IN THE SUPREME AND SUPERIOR COURTS › 4 §654. Death or disability

§654. Death or disability
When in any criminal case any material part of a transcript of the evidence taken by the Official Court Reporter cannot be obtained because of that court reporter's death or disability, the justice who presided at the trial of the case shall on motion, after notice and hearing, if it is evident that the lack of such transcript prejudices the respondent in prosecuting that respondent's exceptions or appeal, set aside any verdict rendered in the case and grant a new trial at any time within one year after it was returned.   [RR 2021, c. 1, Pt. B, §18 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §18 (COR).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 1: REPORTERS IN THE SUPREME AND SUPERIOR COURTS › 4 §655. Testimony proved by certified copy of notes or transcript of former testimony

§655. Testimony proved by certified copy of notes or transcript of former testimony
Whenever it becomes necessary in any court in the State to prove the testimony of a witness at the trial of any former case in any court in the State, the certified copy of the notes of such testimony, taken by the Official Court Reporter at the court where the witness testified, or the transcript created by a transcriber of the electronically recorded record made at the court where the witness testified, is evidence to prove the witness's testimony.   [PL 2007, c. 539, Pt. JJ, §4 (AMD).]
SECTION HISTORY
PL 2007, c. 539, Pt. JJ, §4 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 1: REPORTERS IN THE SUPREME AND SUPERIOR COURTS › 4 §656. Stenographic reports, transcripts taxed in bill of costs

§656. Stenographic reports, transcripts taxed in bill of costs
Any amount legally chargeable by Official Court Reporters for writing out their reports or for transcribers for creating transcripts from the electronically recorded records for use in civil actions and actually paid by either party whose duty it is to furnish the reports or records may be taxed in the bill of costs and allowed against the losing party, as is allowed for copies, if furnished by the clerk.   [PL 2007, c. 539, Pt. JJ, §5 (AMD).]
SECTION HISTORY
PL 2007, c. 539, Pt. JJ, §5 (AMD).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 2: REPORTER OF THE LAW COURT › 4 §701. Appointment and tenure; salary (REPEALED)

§701. Appointment and tenure; salary
(REPEALED)
SECTION HISTORY
PL 1965, c. 391, §1 (AMD). PL 1969, c. 467, §4 (RP).
2023 Maine Revised Statutes › TITLE 4: JUDICIARY › Chapter 15: REPORTERS OF DECISIONS AND TESTIMONY › Subchapter 2: REPORTER OF THE LAW COURT › 4 §702. Duties

§702. Duties
The Reporter of Decisions shall prepare correct reports of all legal questions argued and decided, reporting cases more or less at large according to the reporter's judgment of their importance. The reporter shall publish periodic advance sheets and at least one volume of Maine Reports yearly. The reporter shall, subject to the approval of the Chief Justice of the Supreme Judicial Court, make a written contract in the name of the State with any person, firm or corporation for the printing, publishing and binding of those reports. The price of each volume and the advance sheets must be stated in the contract. The reporter may require the person, firm or corporation with whom the reporter contracts to give a good and sufficient bond with good and sufficient sureties, conditioned for the faithful performance of all the terms and conditions of that contract by the person, firm or corporation with whom the reporter contracts. In case of a breach of any or all of the conditions of the bond, the reporter may maintain an action on the bond in the name of the State. In the exercise of any discretionary powers vested in the reporter by this section or by section 57, the Reporter of Decisions shall act in accordance with such instructions or advice received from the Chief Justice of the Supreme Judicial Court.   [PL 2019, c. 475, §48 (AMD).]
All copies of the Maine Reports purchased by the State must be delivered to the State Law Librarian for distribution as provided in Title 3, section 173, subsection 3, paragraph B.   [PL 2019, c. 475, §48 (AMD).]
SECTION HISTORY
PL 1965, c. 459, §1 (AMD). PL 1973, c. 788, §8 (AMD). PL 2019, c. 475, §48 (AMD).