Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                  JULY 6, 2021                 104
                                                                BY GOVERNOR               RESOLVES
                                  STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                          _____
                                  H.P. 530 - L.D. 719
 Resolve, To Establish the Commission To Create a Plan To Incorporate the
                  Probate Courts into the Judicial Branch
    Preamble. Whereas, the existing probate court system established pursuant to the
Constitution of Maine, Article VI, Section 6 was conditionally repealed by a vote of the
people of Maine in 1967; and
    Whereas, the effective date of repeal was dependent upon the creation of a different
probate court system with full-time probate judges by the Legislature; and
    Whereas, a different probate court system has not been created since the repeal and
the Legislature has not considered a plan to establish a probate court system with full-time
judges; and
     Whereas, to honor the intent of a long-standing vote of Maine people and ensure that
Maine people currently have the same access to justice in all Maine courts; now, therefore,
be it
    Sec. 1. Commission established. Resolved: That the Commission To Create a
Plan To Incorporate the Probate Courts into the Judicial Branch, referred to in this resolve
as "the commission," is established.
    Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule
353, the commission consists of 15 members appointed as follows:
   1. Two members of the Senate appointed by the President of the Senate, including one
member from each of the 2 parties holding the largest number of seats in the Legislature;
   2. Three members of the House of Representatives appointed by the Speaker of the
House of Representatives, including members from each of the 2 parties holding the largest
number of seats in the Legislature;
    3. Three members appointed by the Chief Justice of the Supreme Judicial Court;
    4. One member who is a member of the Maine Probate Judges Assembly appointed
by the Speaker of the House of Representatives;
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   5. One member who is a register of probate appointed by the Speaker of the House of
Representatives;
   6. One member who is a judicial branch clerk appointed by the Chief Justice of the
Supreme Judicial Court;
   7. One member who is a member of the Probate and Trust Law Advisory Commission
appointed by that commission;
    8. One member who is a member of the Family Law Advisory Commission appointed
by that commission; and
     9. Two members who are members of the Maine State Bar Association, one of whom
is a member of a nonprofit organization providing statewide free legal services, appointed
by the Speaker of the House of Representatives.
     Sec. 3. Chairs; subcommittees. Resolved: That the first-named Senate member
is the Senate chair and the first-named House of Representatives member is the House chair
of the commission. The chairs of the commission are authorized to establish
subcommittees to work on the duties listed in section 5 and to assist the commission. Any
subcommittees established by the chairs must be composed of members of the commission
and interested persons who are not members of the commission and who volunteer to serve
on the subcommittees without reimbursement.
    Sec. 4.    Appointments; convening of commission.                Resolved: That all
appointments must be made no later than 30 days following the effective date of this
resolve. The appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been completed. After appointment of all members,
the chairs shall call and convene the first meeting of the commission. If 30 days or more
after the effective date of this resolve a majority of but not all appointments have been
made, the chairs may request authority and the Legislative Council may grant authority for
the commission to meet and conduct its business.
     Sec. 5. Duties. Resolved: That the commission shall create a plan for a probate
court system with full-time judges. The commission may consider for inclusion in the plan
any features that the commission determines relevant, including, but not limited to, features
that will ensure timely, convenient and meaningful access to justice, promote judicial
responsibility and adherence to the code of judicial responsibility, provide for qualified
full-time judges, provide adequate professional staff, reflect efficient practices in
scheduling and case management throughout the system, allow for convenient and
consumer-friendly processing of matters that are not contested and reflect economies of
scale in all appropriate operational aspects. The commission shall describe how the system
would be funded.
    Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide
necessary staffing services to the commission, except that Legislative Council staff support
is not authorized when the Legislature is in regular or special session.
    Sec. 7. Information and assistance. Resolved: That the Administrative Office
of the Courts and registers of probate shall provide to the commission information and
assistance requested by the commission and required for the commission to perform its
duties.
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    Sec. 8. Report. Resolved: That, no later than December 1, 2021, the commission
shall submit a report that includes its findings and recommendations, including suggested
legislation, for presentation to the Joint Standing Committee on Judiciary. The Joint
Standing Committee on Judiciary may report out a bill regarding the subject matter of the
report to the Second Regular Session of the 130th Legislature.
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