NCJ Number
54950
Date Published
1977
Length
79 pages
Annotation
THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGANIZATION OF STATE COURTS IN MAINE.
Abstract
FIVE COURTS CONSTITUTE THE MAINE COURT SYSTEM: A COURT OF LAST RESORT; A SUPREME JUDICIAL COURT; A TRIAL COURT OF GENERAL JURISDICTION (SUPERIOR COURT); TWO TRIAL COURTS OF LIMITED JURISDICTION (DISTRICT COURT AND PROBATE COURT); AND AN ADMINISTRATIVE COURT. THE SUPREME JUDICIAL COURT SITS AS THE LAW COURT AND HEARS CASES ON APPEAL FROM THE SUPERIOR COURT OR FROM A SINGLE JUSTICE OF THE SUPREME JUDICIAL COURT. THERE IS NO INTERMEDIATE COURT OF APPEAL. THE TRIAL COURT EXERCISES ORIGINAL JURISDICTION, EITHER EXCLUSIVELY OR CONCURRENTLY WITH OTHER COURTS, OVER ALL MATTERS NOT WITHIN THE JURISDICTION OF THE SUPREME JUDICIAL COURT. IT IS THE ONLY COURT WITH JURISDICTION TO TRY JURY CASES. THE DISTRICT COURT HEARS ANY CIVIL CASE IN WHICH DAMAGES DO NOT EXCEED $20,000 AND NO RELIEF OTHER THAN MONETARY DAMAGE IS SOUGHT. ITS CRIMINAL JURISDICTION INCLUDES MISDEMEANOR TRIALS AND FELONY PRELIMINARIES. IT HAS EXCLUSIVE JURISDICTION OVER SMALL CLAIMS CASES AND JUVENILE MATTERS, AND IT HAS CONCURRENT JURISDICTION WITH THE PROBATE COURT OVER ACTIONS FOR MARITAL SEPARATION AND WITH THE SUPERIOR COURT OVER DIVORCE AND DOMESTIC RELATIONS MATTERS AND PROCEEDINGS TO SETTLE PROPERTY DISPUTES. THE PROBATE COURT HAS JURISDICTION OVER ACTIONS PERTINENT TO MARITAL SEPARATION, PROBATE WILLS, ESTATE SETTLEMENT, THE ADOPTION OF CHILDREN, AND THE APPOINTMENT OF GUARDIANS. THE ADMINISTRATIVE COURT HAS ORIGINAL JURISDICTION STATEWIDE IN ALL CASES INVOLVING AN AGENCY'S INTENTION TO SUSPEND, REVOKE, OR REFUSE A LICENSE. PROCEDURES PERTAINING TO THE FOLLOWING AREAS HAVE BEEN INSTITUTED: THE QUALIFICATIONS, SELECTION, AND TERMS OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; COMPENSATION; RETIREMENT AGE AND ACTIVE SERVICE; AND CONTINUING EDUCATION. THERE ARE NO PROVISIONS FOR THE USE OF PARAJUDICIAL OFFICERS. THE SUPREME JUDICIAL COURT HAS GENERAL RESPONSIBILITY FOR ALL DAILY ACTIVITIES OF COURTS THROUGHOUT THE STATE. THE DETAILED PROFILE OF THE COURT SYSTEM CONCERNS THE SUPERIOR JUDICIAL COURT, THE SUPERIOR COURT, THE DISTRICT COURT, THE PROBATE COURT, THE ADMINISTRATIVE COURT, JUDICIAL ORGANIZATIONS, RESTRICTED ACTIVITIES, FRINGE BENEFITS, COURT REPORTING AND RECORDS MANAGEMENT, AND FUNDING. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEM ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE MAINE COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)