LD 1140
pg. 5
Page 4 of 8 An Act To Provide for the Appointment of County Treasurers, Registers of Deeds ... Page 6 of 8
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LR 109
Item 1

 
shall not be held to fill the vacancy, but the substitute
district attorney shall serve for the remainder of the unexpired
term.

 
A. In the case of a vacancy in the term of a district
attorney who was nominated by primary election before the
general election, the district attorney appointed by the
Governor must be enrolled in the same political party as
the district attorney whose term is vacant. In making the
appointment, the Governor shall choose from any
recommendations submitted by the county committee or
committees of the political party from which the
appointment is to be made.

 
Sec. 13. 30-A MRSA §253, as enacted by PL 1987, c. 737, Pt. A, §2
and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and c.
104, Pt. C, §§8 and 10, is further amended to read:

 
§253. Military or naval service; substitutes

 
Whenever a district attorney during the district attorney's
term of office in time of war, contemplated war or emergency,
enlists, enrolls, is called or drafted into the military
service of the United States, that district attorney is not
deemed to have thereby resigned from or abandoned the office;
nor is the district attorney removable from that office during
military service except that the term of office may not be
held to have been lengthened because of this section. From
the time of induction into service, the district attorney is
regarded as on leave of absence without pay from the office
and the Governor county commissioners of the prosecutorial
district shall appoint a competent attorney, a resident of the
same prosecutorial district, to fill the office while the
district attorney is in the federal service, but not for a
longer period than the remaining portion of the district
attorney's term. During the period of military or naval
service, the Treasurer of State shall pay to the substitute
attorney a salary at the same rate as the rate of pay of the
district attorney and amounts so paid shall must be deducted
from the salary of the district attorney. The attorney so
appointed to fill the temporary vacancy has the title of
"substitute district attorney" and possesses all the rights
and powers and is subject to all the duties and obligations of
the district attorney.

 
Sec. 14. 30-A MRSA §1352, sub-§1, ¶¶B, C and E, as enacted by PL 1987, c.
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6,
c. 9, §2 and c. 104, Pt. C, §§8 and 10, are further amended to
read:

 
B. Chapter 1, subchapter II 2, sections 61 to 82;


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