NCJ Number
54501
Date Published
1976
Length
17 pages
Annotation
A SYNOPSIS OF THE RECOMMENDATIONS OF THE MAINE TRIAL COURT REVISION COMMISSION IS PRESENTED REGARDING LEGISLATIVE REFORM OF THE JUDICIAL BRANCH.
Abstract
WHILE THE DOCTRINE OF INHERENT POWERS ALLOWS THE COURT ITSELF TO MAKE MANY OF THE CHANGES NECESSARY TO IMPROVE ITS OPERATION, THE MAJOR STRUCTURAL CHANGES RECOMMENDED REQUIRE THE COOPERATION OF THE LEGISLATURE THROUGH STATUTORY CHANGE AND FINANCIAL SUPPORT. ONE RECOMMENDATION PROVIDES FOR THE FORMALIZATION OF THE ADMINISTRATIVE POLICYMAKING PROCEDURE FOR THE ENTIRE COURT SYSTEM. THE LEGISLATION PROPOSED FORMALLY ESTABLISHES ALL RULEMAKING POWER WITHIN THE SUPREME JUDICIAL COURT AND REDUCES THE ABILITY OF THE SUPERIOR COURT TO PUBLISH RULES INDEPENDENTLY. THE LEGISLATION ALSO FORMALIZES THE RESPONSIBILITY FOR THE OPERATION OF THE COURTS WITHIN THE OFFICE OF THE CHIEF JUSTICE. A SECOND RECOMMENDATION ALLOWS THE CHIEF JUSTICE TO CREATE JUDICIAL REGIONS AND PERMITS THE LOCAL ADMINISTRATION OF THE JUDICIARY BY JUSTICES RESPONSIBLE FOR THE OPERATION OF THE COURT WITHIN THAT REGION. THE COURT APPOINTMENT OF CLERKS IS URGED IN A THIRD RECOMMENDATION. A FOURTH RECOMMENDATION LIMITS THE CRIMINAL JURY TRIAL TO CASES IN WHICH INCARCERATION MAY BE IMPOSED. IT IS ALSO RECOMMENDED THAT THE STATE FUND THE ENTIRE JUDICIARY; CURRENTLY, ONLY 62 PERCENT OF THE FUNDING FOR THE JUDICIAL SYSTEM IS FROM STATE SOURCES. THE COMMISSION URGES THE DEVELOPMENT OF AN ADMINISTRATIVE OFFICE FOR THE COURTS TO OVERSEE ALL LEVELS OF THE COURT, TO ASSURE EFFECTIVE FULL-TIME ADMINISTRATIVE MANAGEMENT. THE ESTABLISHMENT OF A JUDICIAL CENTER IN THE STATE CAPITAL IS RECOMMENDED FOR THE PURPOSE OF PROVIDING CENTRALIZED COORDINATION OF COURT OPERATIONS. THE INSTALLATION OF RECORDING MACHINES IN THE DISTRICT COURTS IS SUGGESTED, ALTHOUGH LEGISLATIVE SUPPORT FOR THIS ACTION IS NOT REQUIRED. (RCB)