Sec. ZZZ-1. 4 MRSA c. 1, sub-c. I-F is enacted to read:
SUBCHAPTER I-F
COURT UNIFICATION OVERSIGHT COMMITTEE
§41. Court Unification Oversight Committee
The Court Unification Oversight Committee is established to supervise and monitor all the parts of the unification program recommended by the court unification task force pursuant to Resolve 1997, chapter 107.
1. Membership. The Chief Justice of the Supreme Judicial Court may appoint judges, clerks, attorneys and members of the public to serve as members of the Court Unification Oversight Committee.
2. Ongoing goals. The Court Unification Oversight Committee shall identify from time to time additional ongoing goals for unifying the District Court and Superior Court.
3. Workload. The Court Unification Oversight Committee shall monitor the workload of judges and clerks, paying particular attention to the workload in the District Court clerks' offices.
4. Annual report. The Court Unification Oversight Committee shall report by January 15, 2001 and annually thereafter to the Supreme Judicial Court and the joint standing committee of the Legislature having jurisdiction over judiciary matters on:
A. The implementation of the recommendations of the court unification task force;
B. The identification and implementation of additional ongoing goals;
C. The degree to which the implementation of each of the court unification task force's recommendations has achieved the intended purpose of better service to the public;
D. How the implementation has affected the workload of the courts, including the effects on the clerks' offices; and
E. Any other information the committee determines appropriate.
Sec. ZZZ-2. 4 MRSA §57, as amended by PL 1979, c. 540, §2, is further amended to read:
§57. Jurisdiction; disposition of cases; technical errors in pleading and procedure
The following cases only come before the court as a court of law: Cases on appeal from the District Court, the Superior Court or a single Justice of the Supreme Judicial Court or from the probate courts; questions of law arising on reports of cases, including interlocutory orders or rulings of such importance as to require, in the opinion of the justice, review by the law court Law Court before any further proceedings in the action; agreed statement of facts; cases presenting a question of law; all questions arising in cases in which equitable relief is sought; motions to dissolve injunctions issued after notice and hearing or continued after a hearing; questions arising on habeas corpus, mandamus and certiorari and questions of state law certified by the federal courts. They shall must be marked "law" on the docket of the county or district where they are pending, and there continued until their determination is certified by the clerk Clerk of the law court Law Court to the clerk of courts of the county and the court shall immediately after the decision of the question submitted to it make such order, direction, judgment or decree as is fit and proper for the disposal of the case, and cause a rescript in all civil actions, briefly stating the points therein decided, to be filed therein, which rescript shall must be certified by the clerk Clerk of the law court Law Court to the clerk of courts of the county or district where the action is pending and to the Reporter of Decisions. If no further opinion is written out, the reporter shall publish in the next volume of reports thereafter issued the case, together with such rescript, if the reporter deems the same of sufficient importance for publicaiton publication.
When the issues of law presented in any case before the law court Law Court can be clearly understood, they shall must be decided, and no a case shall may not be dismissed by the law court Law Court for technical errors in pleading alone or for want of proper procedure if the record of the case presents the merits of the controversy between the parties. Whenever, in the opinion of the law court Law Court, the ends of justice require, it may remand any case to the court below or to any justice or judge thereof for the correction of any errors in pleading or procedure. In remanding said case, the law court Law Court may set the time within which said correction shall must be made and said case reentered in the law court Law Court.
When it shall appear appears to the Supreme Court of the United States, or to any court of appeals or district court of the United States, that there are is involved in any proceeding before it one or more questions of law of this State, which may be determinative of the cause, and there are no clear controlling precedents in the decisions of the Supreme Judicial Court, such federal court may certify any such questions of law of this State to the Supreme Judicial Court for instructions concerning such questions of state law, which certificate the Supreme Judicial Court sitting as a law court the Law Court may, by written opinion, answer.
Sec. ZZZ-3. 4 MRSA §105, as amended by PL 1979, c. 540, §3, is repealed and the following enacted in its place:
§105. Superior Court; civil jurisdiction
1. Jurisdiction. Except as provided in subsection 2, the Superior Court has and shall exercise exclusive jurisdiction and has and shall exercise all of the powers, duties and authority necessary for exercising the jurisdiction in any and all matters that were, prior to January 1, 1930, within the jurisdiction of the Supreme Judicial Court or any of the Superior Courts, whether cognizable at law or in equity.
2. Exceptions to Superior Court's exclusive jurisdiction. The Superior Court does not have exclusive jurisdiction over matters for which:
A. Concurrent or exclusive jurisdiction is vested in the District Court; or
B. Concurrent jurisdiction is vested in the Supreme Judicial Court as provided in Title 14, section 5301.
3. Appellate jurisdiction. The Superior Court shall hear appeals as follows:
A. Administrative appeals brought pursuant to Title 5, chapter 375, subchapter VII and the Maine Rules of Civil Procedure, Rules 80B and 80C; and
B. Appeals from the District Court:
(1) Brought pursuant to Title 14, section 6008;
(2) Brought pursuant to Title 14, chapter 738; and
(3) As provided in Title 15, section 1.
4. No jurisdiction, powers, duties or authority of the Law Court. The Superior Court does not have and may not exercise the jurisdiction, powers, duties and authority of the Supreme Judicial Court sitting as the Law Court.
Sec. ZZZ-4. 4 MRSA §152, as amended by PL 1999, c. 547, Pt. A, §1 and Pt. B, §§5 and 6 and affected by §80, is further amended to read:
§152. District Court; civil jurisdiction
The District Court shall have has jurisdiction in the following civil matters:
1. Jurisdiction exercised by trial justices and municipal courts. The civil jurisdiction exercised by all trial justices and municipal courts in the State on September 16, 1961;
2. Civil actions for money damages. Original jurisdiction, concurrent with that of the Superior Court, of all civil actions when no equitable relief is demanded and the damages claimed do not exceed $30,000, except those actions for which exclusive jurisdiction is vested in the Superior Court by statute;
3. Civil actions to enforce liens. Original jurisdiction, concurrent with the Superior Court, of all civil actions to enforce liens under Title 10, chapter 603 and under Title 35 35-A, section 316 706, and the court shall determine the amount pursuant to Title 10, section 3258;
4. Exclusive jurisdiction. Original jurisdiction, not concurrent with that of the Superior Court, of mental health commitment hearings under Title 34 34-B, chapter 229 3, subchapter IV, mental retardation certification hearings under Title 34 34-B, chapter 229 5, habitual truancy actions under Title 20-A, chapters 119 and 211 under which equitable relief may be granted and small claims actions under Title 14, chapter 738; and
5. Other actions. Original jurisdiction, concurrent with that of the Superior Court, of the following types of actions, and in these actions the District Court may grant equitable relief:
A. Actions for divorce, annulment of marriage or judicial separation and proceedings under Title 19-A;
B. Actions to quiet title to real estate under Title 14, sections 6651 to 6658;
C. Actions to quiet title to real estate under Title 36, section 946;
D. Actions for breach of implied warranty and covenant of habitability under Title 14, section 6021;
E. Actions to foreclose mortgages under Title 14, chapter 713, subchapter VI;
F. Actions for restitution under Title 5, section 213;
G. Actions for illegal evictions under Title 14, section 6014;
H. Actions for the foreclosure of mortgages of real and personal property and for redemption of estates mortgaged;
I. Actions to compel the specific performance of written contracts and to cancel and compel the discharge of written contracts, whether under seal or otherwise, when full performance or payment has been made to the contracting party;
J. Actions for relief in cases of fraud, duress, unjust enrichment, trust, accident or mistake;
K. Actions concerning nuisance and waste;
L. Actions concerning partnership, and between partners or part owners of vessels and of other real and personal property to adjust all matters of the partnership and between the part owners, compel contribution, make final decrees and enforce their decrees by proper process in cases where all interested persons within the jurisdiction of the court are made parties;
M. Actions to hear and determine property matters between spouses as provided in Title 19-A, section 806 and to make all necessary orders and decrees relating to these matters, to issue all necessary process to enforce the orders and decrees and to cause all the orders and decrees to be enforced;
N. Civil actions for redelivery of goods or chattels taken or detained from the owner and secreted or withheld so that the goods or chattels cannot be replevied, and in civil actions by creditors to reach and apply in payment of a debt any property, right, title or interest, legal or equitable, of a debtor or debtors, which cannot be attached on writ or taken on execution in a civil action, and any property or interest conveyed in fraud of creditors;
O. Actions in which the pleading demands a judgment:
(1) To exclude a person from a vested or contingent interest in or lien upon specific property within the State;
(2) That a vested or contingent interest in or lien upon specific property within the State be enforced;
(2-A) That real property be partitioned by sale; or
(3) Otherwise affecting title to any real property;
P. Actions to compel the compliance with court orders including the right to appoint persons to sign instruments as provided for in the Maine Rules of Civil Procedure;
Q. Actions in which the equitable relief is sought through an equitable defense, a counterclaim, a cross-claim or other responsive pleading or reply permitted by the Maine Rules of Civil Procedure; and
R. Actions to enforce access to health care under Title 22, section 1715.
Nothing in this subsection may be construed to affect the right of any party to remove an action to the Superior Court in accordance with the Maine Rules of Civil Procedure.;
6-A. Environmental laws. Original jurisdiction, concurrent with that of the Superior Court, to grant equitable relief and impose penalties in proceedings involving alleged violations of a local environmental ordinance or regulation or a state environmental law or rule, including, but not limited to, the following:
A. The laws pertaining to the Maine Land Use Regulation Commission, Title 12, chapter 206-A;
B. The minimum lot size law, Title 12, sections 4807 to 4807-G;
C. Shoreland zoning ordinances enacted under Title 30-A, section 3001, and in accordance with Title 38, sections 435 to 446 and section 449;
D. The plumbing and subsurface waste water disposal rules adopted by the Department of Human Services under Title 22, section 42;
E. Laws pertaining to public water supplies, Title 22, sections 2642, 2647 and 2648 chapter 601, subchapter IV;
F. Local ordinances enacted under Title 22, section 2642, and in accordance with Title 30-A, section 3001;
G. Local land use ordinances enacted under Title 30-A, section 3001;
H. Local building codes adopted pursuant to Title 30-A, section 3001, and in accordance with Title 30-A, chapter 185, subchapter I;
I. Automobile junkyards, Title 30-A, chapter 183, subchapter I;
J. Regulation and inspection of plumbing, Title 30-A, chapter 185, subchapter III;
K. Malfunctioning domestic waste water disposal units, Title 30-A, section 3428;
L. The subdivision law, Title 30-A, chapter 187, subchapter IV; local subdivision ordinances enacted under Title 30-A, section 3001; and subdivision regulations adopted under Title 30-A, section 4403;
M. Local zoning ordinances enacted under Title 30-A, section 3001, and in accordance with Title 30-A, section 4352;
N. All laws administered by the Department of Environmental Protection, Title 38, chapters 2 to 16;
O. Local ordinances regarding air pollution control enacted pursuant to Title 38, section 597; and
P. The laws pertaining to harbors in Title 38, chapter 1, subchapter I; local harbor ordinances adopted in accordance with Title 38, section 7 and regulations adopted by municipal officers pursuant to Title 38, section 2.;
8. Consent to minor's abortion. Original jurisdiction, concurrent with that of the Probate Court, to grant equitable relief in proceedings brought under Title 22, section 1597-A;
9. Licensing jurisdiction. Except as provided in Title 5, section 10004; Title 8, section 279-B; Title 10, section 8003, subsection 5; Title 20-A, sections 10712 and 10713; Title 29-A; Title 32, chapters 105 and 114; and Title 35-A, section 3132, exclusive jurisdiction upon complaint of an agency or, if the licensing agency fails or refuses to act within a reasonable time, upon complaint of the Attorney General to revoke or suspend licenses issued by the agency. The District Court has original jurisdiction upon complaint of a licensing agency to determine whether renewal or reissuance of a license of that agency may be refused. The District Court has original concurrent jurisdiction to grant equitable relief in proceedings initiated by an agency or the Department of the Attorney General alleging any violation of a license or licensing laws or rules.
Notwithstanding any other provisions of law, a licensing agency may not reinstate or otherwise affect a license suspended, revoked or modified by the District Court pursuant to a complaint filed by the Attorney General without the approval of the Attorney General; and
10. Appellate jurisdiction. Exclusive jurisdiction to review disciplinary decisions of occupational licensing boards and commissions taken pursuant to Title 10, section 8003. Title 5, chapter 375, subchapter VII governs this procedure as far as applicable, substituting "District Court" for "Superior Court.";
11. Actions for divorce, separation or annulment. Original jurisdiction, not concurrent with the Superior Court, of actions for divorce, annulment of marriage or judicial separation and proceedings under Title 19-A, except as otherwise specifically provided.
Actions for divorce, annulment or separation pending in the Superior Court may be transferred, upon agreement of the parties, from the Superior Court to the District Court in accordance with rules adopted by the Supreme Judicial Court. An action so transferred remains in the District Court, which has exclusive jurisdiction thereafter, subject to the rights of appeal to the Law Court as to matters of law;
12. Property matters between spouses. Original jurisdiction, not concurrent with the Superior Court, of actions to hear and determine property matters between spouses as provided in Title 19-A, section 806 and to make all necessary orders and decrees relating to these matters, to issue all necessary process to enforce the orders and decrees and to cause all the orders and decrees to be enforced. This subsection does not apply to or affect actions initiated in the Superior Court before the effective date of this subsection;
13. Desertion and nonsupport. Jurisdiction over complaints for desertion and nonsupport or nonsupport of dependents in the district where either the spouse, the dependent or the respondent resides; and
14. Civil violations. Jurisdiction over all civil violations, as provided in Title 17-A, section 9, and traffic infractions.
Actions for divorce, annulment or separation may be remanded, upon agreement of the parties, from the Superior Court to the District Court in accordance with rules promulgated by the Supreme Judicial Court. An action so remanded shall remain in the District Court, which shall have exclusive jurisdiction thereafter, subject to the rights of appeal to the Superior Court as to matters of law.
The District Court possesses the criminal jurisdiction exercised by all trial justices and municipal courts in the State on September 16, 1961, except as provided in Title 29-A, section 2602.
The District Court shall also possess, concurrent with the Superior Court, original jurisdiction to receive pleas of guilty in criminal cases in which the maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is one year or more in which the defendant has in writing waived the defendant's right to indictment by grand jury and the defendant's right to appearance and trial in the Superior Court and has indicated the defendant's intention to enter a plea of guilty to the charges pending against the defendant. When exercising such jurisdiction, the District Court shall possess all of the powers of the Superior Court. That jurisdiction shall be exercised in the manner which the Supreme Judicial Court shall by rule provide. Any person sentenced under this section shall be entitled to the rights provided by Title 15, chapter 306.
Sec. ZZZ-5. 4 MRSA §155, sub-§3 is amended to read:
3. Divorce, separation, annulment, support. An action or proceeding for divorce, separation, annulment of marriage or for support may be brought in the division where either the plaintiff or the defendant resides. Such action or proceeding may be removed to the Superior Court by the defendant. The rules of municipal courts now in effect for removal of actions to the Superior Court shall apply.
Sec. ZZZ-6. 4 MRSA §165, as amended by PL 1995, c. 388, §2 and affected by §8, is repealed and the following enacted in its place:
§165. District Court; jurisdiction over crimes and juvenile offenses
1. Crimes; under one year imprisonment. The District Court has jurisdiction and, except as provided in Title 29-A, section 2602, concurrent jurisdiction with the Superior Court of all crimes, including violation of any statute or a bylaw of a town, village corporation or local health officer and breach of the peace, for which the maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is less than one year.
2. Juvenile Court. The District Court has jurisdiction over juvenile offenses pursuant to Title 15, Part 6.
3. Crimes; one year or more imprisonment. The District Court has, concurrent with the Superior Court, original jurisdiction to receive pleas of guilty in criminal cases, other than murder, in which:
A. The maximum term of imprisonment to which the defendant may be sentenced upon conviction of that crime is one year or more;
B. The defendant has in writing waived the defendant's right to indictment by grand jury and the defendant's right to a jury trial; and
C. The defendant has indicated the defendant's intention to enter a plea of guilty to the charges pending against the defendant.
When exercising such jurisdiction, the District Court possesses all of the powers of the Superior Court. The District Court shall exercise that jurisdiction in the manner that the Supreme Judicial Court by rule provides. Any person sentenced under this subsection is entitled to the rights provided by Title 15, chapter 306-A.
The District Court has jurisdiction to bind over for the grand jury all other crimes.
4. Issue process. The District Court has jurisdiction to issue process with respect to any violation over which the Passamaquoddy Tribe or the Penobscot Nation exercises exclusive jurisdiction under Title 30, section 6209-A or 6209-B.
5. Power to sentence. The District Court may impose any authorized sentencing alternative.
Sec. ZZZ-7. 14 MRSA §1901, as repealed and replaced by PL 1993, c. 675, Pt. B, §10, is amended to read:
§1901. Supreme Judicial Court; exceptions
1. Appeals from District Court. Except as provided in subsection 2 3 or by court rule, an appeal may be taken from the District Court to the Superior Supreme Judicial Court sitting as the Law Court for the county embracing the division in which the judgment was rendered within 30 days after judgment. Within those 30 days, the appellant must pay to the court the required fees for the appeal and in that case no execution issues and the clerk may enter the appeal in the Superior Law Court as a new entry.
2. Exceptions. The following requirements apply to appeals from the District Court.
A. A party must appeal from a District Court judgment in an action of foreclosure and sale directly to the Supreme Judicial Court within 30 days of the judgment.
B. If all parties agree, a final appeal from civil matters, including family matters, originating in the District Court may be made to the Superior Court in lieu of a 2nd appeal to the Supreme Judicial Court.
3. Exceptions. An appeal from the District Court is to the Superior Court in the case of:
A. An appeal in a forcible entry and detainer case, pursuant to section 6008 and the Maine Rules of Civil Procedure, Rule 80D(f); and
B. An appeal in a small claims case brought pursuant to chapter 738 and the Maine Rules of Civil Procedure, Rule 80L.
Sec. ZZZ-8. 14 MRSA §6051, sub-§9, as amended by PL 1995, c. 694, Pt. D, §21 and affected by Pt. E, §2, is repealed.
Sec. ZZZ-9. 15 MRSA §1, as amended by PL 1985, c. 179, is repealed and the following enacted in its place:
§1. Superior Court; criminal jurisdiction
1. Jurisdiction. The Superior Court has original jurisdiction, exclusive or concurrent, of all crimes.
2. Appellate and review jurisdiction. The Superior Court has jurisdiction to hear appeals and petitions of only the following:
A. Petitions pursuant to section 1028;
B. Petitions pursuant to section 1029;
C. Appeals pursuant to section 1097;
D. Appeals pursuant to section 3402;
E. Appeals pursuant to section 2111 and Maine Rules of Criminal Procedure, Rule 35(f); and
F. Appeals pursuant to Title 17-A, section 1207 and Maine Rules of Criminal Procedure, Rule 37F.
3. Location of post-arraignment proceedings. The Supreme Judicial Court may by rule provide that, with the consent of the defendant, post-arraignment proceedings in criminal cases may be conducted at locations other than those provided by statute. The Supreme Judicial Court may by rule provide that, without the consent of the defendant, post-arraignment proceedings in criminal cases may be conducted at locations other than those provided by statute, provided that the location is in an adjoining county and that it is in the vicinity of where the offense was committed.
4. No jurisdiction, powers, duties or authority of Law Court. The Superior Court does not have and may not exercise the jurisdiction, powers, duties or authority of the Supreme Judicial Court sitting as the Law Court.
Sec. ZZZ-10. 15 MRSA §1028, sub-§3 is enacted to read:
3. No further relief. The determination by the Superior Court under this section is final and no further relief is available.
Sec. ZZZ-11. 15 MRSA §1029, sub-§4 is enacted to read:
4. No further relief. The review under this section is final and no further relief is available.
Sec. ZZZ-12. 15 MRSA §1051, sub-§§5 and 6, as enacted by PL 1987, c. 758, §20, are amended to read:
5. Appeal by defendant. A defendant may appeal to a single Justice of the Supreme Judicial Court a denial of bail, the kind or amount of bail set or the conditions of release imposed by which the defendant is aggrieved. The single justice shall may not conduct a hearing de novo respecting bail, but shall review the lower court's order. The defendant has the burden of showing that there is no rational basis in the record for the lower court's denial of bail, the kind or amount of bail set or the conditions of release imposed of which the defendant complains. The determination by the single justice is final and no further relief is available.
6. Appeal by State. The State may appeal to a single Justice of the Supreme Judicial Court the granting of bail, the kind or amount of bail set or the lower court's failure to impose a condition of release. The single justice shall may not conduct a hearing de novo respecting bail, but shall review the lower court's order. The State has the burden of showing that there is no rational basis in the record for the lower court's granting of bail, the kind or amount of bail set or the omission of the conditions of which the State complains. The determination by the single justice is final and no further relief is available.
Sec. ZZZ-13. 15 MRSA §1097, sub-§3, as enacted by PL 1995, c. 356, §19, is amended to read:
3. Appeal. A defendant in custody as a result of an order issued under this section by the District Court may appeal to the Superior Court and a defendant in custody as a result of an order issued under this section by the Superior Court may appeal to a single Justice of the Supreme Judicial Court. The appeal must be in accordance with the procedures set forth in section 1028, as far as applicable, except that the review is limited to a review of the record to determine whether the order was rationally supported by the evidence. The determination by the court or single justice is final and no further relief is available.
Sec. ZZZ-14. 15 MRSA §1099-A, sub-§2, as enacted by PL 1995, c. 356, §19, is amended to read:
2. Appeal. A defendant in custody as a result of an order issued under this section may appeal to a single Justice of the Supreme Judicial Court who shall review the revocation pursuant to the procedures set forth in section 1051, subsection 5. The determination by the single justice is final and no further relief is available.
Sec. ZZZ-15. 15 MRSA §2111, as repealed and replaced by PL 1987, c. 166, §1, is repealed and the following enacted in its place:
§2111. Appeals from the District Court
1. Appeal of judgment of conviction or order to the Law Court. Except as otherwise specifically provided, in any criminal proceeding in the District Court, a defendant aggrieved by a judgment of conviction or order may appeal to the Supreme Judicial Court sitting as the Law Court.
2. Appeal to the Superior Court. If an appeal from the District Court must be taken to the Superior Court, the appeal must be to the Superior Court in the county where the offense on which the judgment of conviction or order was rendered is alleged to have been committed. Venue may be transferred at the discretion of the Chief Justice of the Superior Court.
3. Time for taking of appeal. The Supreme Judicial Court shall provide by rule the time for taking the appeal and the manner and any conditions for the taking of the appeal.
Sec. ZZZ-16. 15 MRSA §2114, as repealed and replaced by PL 1981, c. 487, §1, is amended to read:
§2114. Defendant may make election of trial
In all Class D and E criminal proceedings, the defendant may waive his the defendant's right to jury trial and elect to be tried in the District Court, as provided by rule of the Supreme Judicial Court. An appeal to the Superior Court following trial and conviction in the District Court shall be only on questions of law.
Sec. ZZZ-17. 15 MRSA §2115, first ¶, as repealed and replaced by PL 1987, c. 166, §3, is amended to read:
In any criminal proceeding in the Superior Court, any defendant aggrieved by a judgment of conviction, ruling or order may appeal to the Supreme Judicial Court, sitting as the Law Court. The time for taking the appeal and the manner and any conditions for the taking of the appeal shall be as the Supreme Judicial Court provides by rule. The Supreme Judicial Court shall provide by rule the time for taking the appeal and the manner and any conditions for the taking of the appeal.
Sec. ZZZ-18. 15 MRSA §2115-A, sub-§§1 and 2, as amended by PL 1979, c. 541, Pt. B, §22, are further amended to read:
1. Appeals prior to trial. An appeal may be taken by the State in criminal cases on questions of law from the District Court and from the Superior Court to the law court Supreme Judicial Court sitting as the Law Court: From an order of the court prior to trial which suppresses any evidence, including, but not limited to, physical or identification evidence or evidence of a confession or admission; from an order which prevents the prosecution from obtaining evidence; from a pretrial dismissal of an indictment, information or complaint; or from any other order of the court prior to trial which, either under the particular circumstances of the case or generally for the type of order in question, has a reasonable likelihood of causing either serious impairment to or termination of the prosecution.
2. Appeals after trial. An appeal may be taken by the State from the Superior Court or the District Court to the law court Supreme Judicial Court sitting as the Law Court after trial and after a finding of guilty by a jury or the court from the granting of a motion for a new trial, from arrest of judgment, from dismissal or from other orders requiring a new trial or resulting in termination of the prosecution in favor of the accused, when an appeal of the order would be permitted by the double jeopardy provisions of the Constitution of the United States and the Constitution of Maine.
Sec. ZZZ-19. 15 MRSA §2115-A, sub-§2-A, as enacted by PL 1987, c. 234, §1, is repealed and the following enacted in its place:
2-A. Appeal from adverse decision of the Superior Court sitting as an appellate court relative to an aggrieved defendant's appeal from the denial of a Rule 35 motion in District Court. If a defendant's appeal to the Superior Court sitting as an appellate court relative to a motion for correction or reduction of a sentence brought in District Court under Rule 35 of the Maine Rules of Criminal Procedure is granted in whole or in part, an appeal may be taken by the State from the adverse decision of the Superior Court to the Law Court.
Sec. ZZZ-20. 15 MRSA §2115-A, sub-§2-B, as enacted by PL 1995, c. 47, §1, is amended to read:
2-B. Appeal from the denial of a Rule 35 motion. If a motion for correction or reduction of a sentence brought by the attorney for the State under Rule 35 of the Maine Rules of Criminal Procedure is denied in whole or in part, an appeal may be taken by the State from the adverse order of the trial court to the Supreme Judicial Court sitting as the Law Court.
Sec. ZZZ-21. 15 MRSA §2115-A, sub-§3, as amended by PL 1991, c. 223, is further amended to read:
3. When defendant appeals. When the defendant appeals from a judgment of conviction, it is not necessary for the State to appeal. It may argue that error in the proceedings at trial in fact supports the judgment. The State may also establish that error harmful to it was committed prior to trial or in the trial resulting in the conviction from which the defendant has appealed, which error should be corrected in the event that the law court Law Court reverses on a claim of error by the defendant and remands the case for a new trial. If the case is so reversed and remanded, the law court Law Court shall also order correction of the error established by the State.
Sec. ZZZ-22. 15 MRSA §2115-B, as enacted by PL 1997, c. 317, Pt. B, §1, is amended to read:
§2115-B. Appeal by aggrieved contemnor
1. Summary contempt proceedings involving punitive sanctions. In a summary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under either the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, before a Judge of the District Court, Probate Court or Administrative Court or a Justice of the Superior Court or the Supreme Judicial Court, a contemnor who is aggrieved by an order and imposition of a punitive sanction may appeal, as provided under section 2111 and the applicable Maine Rules of Criminal Procedure, to the Superior Court and, if unsuccessful, to the Supreme Judicial Court, sitting as the Law Court, as provided under section 2111 or 2115 and the applicable Maine Rules of Criminal Procedure. In a like proceeding, instituted under either the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, before a Justice of the Superior Court or a Justice of the Supreme Judicial Court, any contemnor aggrieved by an order and imposition of a punitive sanction may appeal to the Supreme Judicial Court, sitting as the Law Court, as provided under section 2115 and the applicable Maine Rules of Criminal Procedure.
2. Plenary contempt proceedings involving punitive sanctions. In a plenary contempt proceeding involving punitive sanctions, accompanied or unaccompanied by remedial sanctions, instituted under either the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, any contemnor aggrieved by an adjudication and imposition of a punitive sanction tried other than in the Superior Court or Supreme Judicial Court may appeal, as provided under section 2111 and the applicable Maine Rules of Criminal Procedure, to the Superior Court, and if unsuccessful, to the Supreme Judicial Court, sitting as the Law Court, as provided under section 2111 or 2115 and the applicable Maine Rules of Criminal Procedure. In a like proceeding instituted under either the Maine Rules of Criminal Procedure, Rule 42 or the Maine Rules of Civil Procedure, Rule 66, any contemnor aggrieved by an adjudication and imposition of a punitive sanction tried in the Superior Court or Supreme Judicial Court, may appeal to the Supreme Judicial Court, sitting as the Law Court, as provided under section 2115 and the applicable Maine Rules of Criminal Procedure.
Sec. ZZZ-23. 15 MRSA §2151, sub-§§1 and 2, as enacted by PL 1997, c. 354, §1, are amended to read:
1. Different term could not be imposed. In any case in which a different term of imprisonment could not have been imposed; or
2. Plea agreements. In any case in which the particular disposition involving imprisonment was imposed as a result of a court accepting a recommendation of the type specified in the Maine Rules of Criminal Procedure, Rule 11A, subsection (a)(2) or (a)(4).; or
Sec. ZZZ-24. 15 MRSA §2151, sub-§3 is enacted to read:
3. Restitution. As limited by Title 17-A, section 1330-A.
Sec. ZZZ-25. 17-A MRSA §1207, sub-§1, as enacted by PL 1997, c. 273, §3, is amended to read:
1. District Court proceeding. In a probation revocation proceeding in the District Court, a person whose probation is revoked may appeal to the Superior Court under Title 15, section 2111 and the applicable Maine Rules of Criminal Procedure. An appeal to the Law Court, from an adverse decision of the Superior Court sitting as an intermediate appellate court, is not an appeal of right. The time, manner and specific conditions for taking that appeal to the Law Court are as the Supreme Judicial Court provides in the Maine Rules of Criminal Procedure. The determination by the Superior Court is final and no further relief is available.
Sec. ZZZ-26. 19-A MRSA §103, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
Except as otherwise expressly provided, the District Court has original jurisdiction, concurrent with the Superior Court, of all actions under this Title.
Sec. ZZZ-27. 19-A MRSA §851, sub-§1-A, as enacted by PL 1997, c. 224, §2 and affected by §5, is amended to read:
1-A. Jurisdiction. The District Court and the Superior Court have has jurisdiction to enter a separation decree:
A. Upon the petition of a married person who lives apart or who desires to live apart from that person's spouse for a period in excess of 60 continuous days; or
B. Upon joint petition of a married couple who live apart or who desire to live apart for a period in excess of 60 continuous days.
Sec. ZZZ-28. 19-A MRSA §852, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended by amending the first paragraph to read:
1. Issue of preliminary injunction. In all actions for judicial separation the clerk of the court, pursuant to order of the District Court or Superior Court, shall issue a preliminary injunction in the following manner.
Sec. ZZZ-29. 19-A MRSA §901, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
1. Filing of complaint; grounds. A person seeking a divorce may file a complaint for divorce in the Superior Court or the District Court if:
A. The plaintiff has resided in good faith in this State for 6 months prior to the commencement of the action;
B. The plaintiff is a resident of this State and the parties were married in this State;
C. The plaintiff is a resident of this State and the parties resided in this State when the cause of divorce accrued; or
D. The defendant is a resident of this State.
The complaint must state one or more grounds listed in section 902, subsection 1.
Sec. ZZZ-30. 19-A MRSA §903, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended by amending the first paragraph to read:
1. Issue of preliminary injunction. In all actions for divorce or for spousal or child support following divorce by a court that lacked personal jurisdiction over the absent spouse, the clerk of the court, pursuant to order of the District Court or Superior Court, shall issue a preliminary injunction in the following manner.
Sec. ZZZ-31. 19-A MRSA §1510, as enacted by PL 1997, c. 537, §15 and affected by §62, is amended to read:
In child support and paternity cases, the jurisdiction of the District Court, the Superior Court and the department extends to all parts of the State. Once an action has been commenced, a case may be transferred between local jurisdictions in the State without need for an additional filing by the petitioner or service of process on the respondent to retain jurisdiction over the parties.
Sec. ZZZ-32. 19-A MRSA §1556, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
The Superior Court or District Court has jurisdiction over an action under this subchapter and all remedies for the enforcement of judgments for expenses of pregnancy and confinement for a wife or for education, support or funeral expenses for legitimate children apply. The court has continuing jurisdiction to modify or revoke a judgment for future education and support. All remedies under the Uniform Interstate Family Support Act are available for enforcement of duties of support under this subchapter.
Sec. ZZZ-33. 19-A MRSA §1652, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
1. Petition. If a parent, spouse or child resides in this State, a parent, a spouse, a guardian or a municipality providing maintenance may petition the Superior Court, District Court or Probate Court to order a nonsupporting parent or spouse to contribute to the support of the nonsupporting person's spouse or child. The petition may be brought in the court in the county or district or county where the parent, spouse or child resides or in the county or district or county in which the nonsupporting person may be found.
Sec. ZZZ-34. 19-A MRSA §1654, first ¶, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
If the father and mother of a minor child are living apart, the Probate Court, Superior Court or District Court in the county or division where either resides, upon complaint of either and after notice to the other as the court may order, may make an order awarding parental rights and responsibilities with respect to the child in accordance with this chapter.
Sec. ZZZ-35. 19-A MRSA §1805, first ¶, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
An action may be commenced in the Superior Court or the District Court for the district in which the minor child resides. If a child protective proceeding pursuant to Title 22, chapter 1071 that involves the minor child is under the jurisdiction of the District Court pending, an action filed under this chapter must be brought in the District Court and the court may consolidate the proceedings action filed under this chapter with that child protection proceeding.
Sec. ZZZ-36. 19-A MRSA §2802, sub-§24, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
24. Tribunal of this State. A "tribunal of this State" means the District Court, the Superior Court or the Department of Human Services.
Sec. ZZZ-37. 19-A MRSA §3502, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
The Superior Court and the District Court have has jurisdiction over all proceedings brought under this chapter.
Sec. ZZZ-38. 29-A MRSA §2602, sub-§3, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
3. Class C or greater. For Class C or greater crimes, the District Court jurisdiction is subject to Title 4, section 152 165 and Title 17-A, section 9.
Sec. ZZZ-39. Application. The Superior Court continues to have jurisdiction over actions properly filed in the Superior Court prior to the effective date of this Part.
Sec. ZZZ-40. Court Unification Oversight Committee; initial assessments and recommendations. The Court Unification Oversight Committee shall report by January 15, 2001 to the Supreme Judicial Court and the joint standing committee of the Legislature having jurisdiction over judiciary matters with assessments of and recommendations concerning the following:
1. Abbreviated and expedited appeal. Reporting progress on implementing an abbreviated and expedited appeal from the District Court to the Law Court in appropriate cases;
2. Shared docket. Operation of the shared docket; and
3. Workload. Workload of the District Court and Superior Court clerks, judges and justices.
Sec. ZZZ-41. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Part.
2000-01
JUDICIAL DEPARTMENT
Courts - Supreme, Superior, District and Administrative
Positions - Legislative Count (9.000)
Personal Services $311,488
All Other 56,512
Provides funds for 5 Law Clerk positions, one Staff Attorney position and 3 Judicial Secretary positions and related expenses to implement the recommendations of the court unification task force.
JUDICIAL DEPARTMENT __________
TOTAL $368,000
Sec. ZZZ-42. Effective date. This Part takes effect January 1, 2001, except that:
1. That section of this Part that amends the Maine Revised Statutes, Title 4, section 152, subsections 9 and 10 takes effect March 15, 2001;
2. That section of this Part that enacts the Maine Revised Statutes, Title 4, chapter 1, subchapter 1-F takes effect 90 days after adjournment of the Second Regular Session of the 119th Legislature;
3. That section of this Part that charges the Court Unification Oversight Committee with making initial assessments and recommendations takes effect 90 days after adjournment of the Second Regular Session of the 119th Legislature; and
4. That section of this Part that appropriates funds from the General Fund takes effect on October 1, 2000.
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