An Act To Give Superior Court Clerks and Deputy Clerks the Authority To Issue Process for the Arrest of Persons Charged with Crimes

Emergency preamble. Whereas,  acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the Supreme Judicial Court made changes effective January 1, 2006 in the Maine Rules of Criminal Procedure and in trial court procedures regarding the initiation in the Superior Court of trials of felony and related misdemeanor crimes; and

Whereas,  as a consequence of these changes to the court rules and procedures, it is necessary that this legislation be enacted as an emergency in order that it take effect immediately; 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,

Sec. 1. 4 MRSA §107-A  is enacted to read:

§ 107-A.   Authority of clerks to issue process for arrest of persons

The Chief Justice of the Superior Court may authorize any clerk or deputy clerk of the Superior Court to issue process for the arrest of persons charged with crimes if the Chief Justice of the Superior Court is satisfied that the clerk or deputy clerk has the necessary training and learning to perform that function. When authorized by the Chief Justice of the Superior Court to issue process and acting in that capacity, the clerk or deputy clerk is considered a justice of the peace with the same authority as a District Court clerk or deputy clerk described in section 161. A clerk or deputy clerk who is authorized to issue process serves in that capacity at the pleasure of the Chief Justice of the Superior Court.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.