CHAPTER 269
H.P. 896 - L.D. 1213
An Act to Create a Family Division within the State's District Court
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §183 is enacted to read:
§183. Family Division of District Court
There is established within the District Court a Family Division that has jurisdiction over family matters filed in District Court. The Family Division shall provide a system of justice that is responsive to the needs of families and the support of their children. The Supreme Judicial Court may adopt administrative orders and court rules governing the practice, procedure and administration of the Family Division. These practices and procedures must include, but are not limited to, education for the parties, case management and referral services to mediation and other alternate dispute resolution techniques.
1. Family case management officers. The Chief Judge of the District Court, with the approval of the Chief Justice of the Supreme Judicial Court, shall employ family case management officers. In selecting family case management officers, the Chief Judge shall give proper consideration to achieving statewide geographical representation in the Family Division.
A. Family case management officers must be members of the Bar of this State and must have experience in the area of family law. Other qualifications may include interest, training or experience in mediation and other alternate dispute resolution techniques, domestic violence, child development, family dynamics and case management.
B. Family case management officers shall devote themselves solely to the official duties of the position. They may not engage in the private practice of law or in any employment, occupation or business interfering with or inconsistent with the discharge of their duties. The Chief Judge of the District Court shall determine the salary of the family case management officers.
C. Family case management officers are governed by the Maine Code of Judicial Conduct. Family case management officers serve at the pleasure of the Chief Judge of the District Court.
D. Family case management officers shall employ appropriate case management techniques and have jurisdiction to hear and dispose of the following matters:
(1) Interim orders in actions involving the establishment, modification or enforcement of child support;
(2) Interim orders in actions involving divorce, legal separation, paternity or parental rights, including interim orders in post-judgment proceedings arising out of these actions, except that a contested motion concerning interim parental rights and responsibilities, excluding interim child support orders, may be determined by the family case management officer only if both parties consent to determination of the issue or issues in dispute by the family case management officer;
(3) Final orders in any of the matters included in subparagraphs (1) and (2) when the proceeding is uncontested;
(4) Final orders in a contested proceeding when child support is the only contested issue; and
(5) Other actions assigned by the Chief Judge of the District Court.
E. Interim orders in any of the matters included in paragraph D, subparagraphs (1) and (2) are effective immediately and are subject to de novo review by a judge at the final hearing. Final orders in any of the matters included in paragraph D, subparagraphs (3) and (4) are subject to appellate review in the same manner as any final order of the District Court. The family case management officer shall inform the parties of the rights of review established in this paragraph.
2. Additional staff. The State Court Administrator shall provide other necessary staff to the Family Division, within the limits of funds available, and shall seek to take full advantage of federal funding, including reimbursements.
3. Reports. The State Court Administrator shall keep statistical records relating to the cases handled by the Family Division and report this information to the Supreme Judicial Court annually and to the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 15th of each odd-numbered calendar year.
A. The State Court Administrator shall evaluate the functioning of the family case management officers in providing a system of justice that is responsive to the needs of families and the support of their children in light of the jurisdiction given to the family case management officers under this section. The State Court Administrator shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters no later than January 15, 1999 with recommendations, if any, for changing the duties provided in subsection 1, paragraph D.
B. The State Court Administrator shall report to the joint standing committee of the Legislature having jurisdiction over judiciary matters by January 15, 1999 explaining the justification for the particular geographic assignments of the family case management officers.
Sec. 2. Effective date. This Act takes effect January 1, 1998.
Effective January 1, 1998.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
