HP1215, LD 1606, item 1, 125th Maine State Legislature
An Act To Provide Magistrates To Assist the Court in Handling Small Claims and Landlord-tenant Cases

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An Act To Provide Magistrates To Assist the Court in Handling Small Claims and Landlord-tenant Cases
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  this legislation needs to take effect before the expiration of the 90-day period in order to ensure the efficient administration of justice in small claims and landlord-tenant cases; and
Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §164-C  is enacted to read:
§ 164-C. Magistrates for landlord-tenant and small claims cases
 
1.  Chief Judge may appoint.     The Chief Judge of the District Court may appoint no more than 4 magistrates to hear and dispose of cases filed under Title 14, chapters 709, 710, 710-A and 738. Notwithstanding section 183, subsection 1, paragraph D, and as an alternative to appointing magistrates under this subsection, the Chief Judge may assign family law magistrates to hear and dispose of cases filed under Title 14, chapters 709, 710, 710-A and 738 if the work performed by the family law magistrates on cases filed under these chapters does not exceed the work that would be performed by 4 magistrates devoted solely to work on cases filed under these chapters.
 
2.  Chief Justice may increase filing fees.     The Chief Justice of the Supreme Judicial Court may increase filing fees on cases filed under Title 14, chapters 709, 710, 710-A and 738 to pay for the cost of magistrates appointed under subsection 1.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill authorizes the Chief Judge of the District Court to appoint no more than 4 magistrates to hear and dispose of landlord-tenant cases and small claims cases. Alternatively, it allows the Chief Judge to assign family law magistrates to hear and dispose of these kinds of cases. It authorizes the Chief Justice of the Supreme Judicial Court to increase filing fees for these kinds of cases to pay for the cost of magistrates appointed by the Chief Judge.

HP1215, LR 2503, item 1,Second Regular Session - 125th Maine Legislature, page