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,

Sec. 1. 4 MRSA §164-C  is enacted to read:

§ 164-C.  Magistrates for landlord-tenant and small claims cases

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.