CHAPTER 384
H.P. 683 - L.D. 973
An Act To Make Certain Changes in the Laws Concerning the Family Division of District Court
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §183, as amended by PL 2003, c. 688, Pt. C, §1 and c. 689, Pt. B, §6, is further amended 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 law magistrates. 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 law magistrates. In selecting family case management officers law magistrates, the Chief Judge shall give proper consideration to achieving statewide geographical representation in the Family Division.
A. Family case management officers law magistrates 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 law magistrates shall devote themselves solely to the official duties of the position. They Family law magistrates 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 salaries of the family case management officers law magistrates.
C. Family case management officers law magistrates are governed by the Maine Code of Judicial Conduct. Family case management officers law magistrates serve at the pleasure of the Chief Judge of the District Court.
D. Family case management officers law magistrates 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 postjudgment 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 law magistrate only if both parties consent to determination of the issue or issues in dispute by the family case management officer law magistrate;
(2-A) Parental rights and responsibilities and parent-child contact orders entered pursuant to Title 19-A, section 4006, subsection 5 and section 4007, subsection 1, paragraph G to make such orders consistent with subsequently entered orders in matters included in subparagraphs (1), (2) and (3);
(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;
(4-A) Applications for writs of habeas corpus to facilitate the attendance of proceedings by and return of a party who is incarcerated;
(4-B) Requests for access to confidential Department of Health and Human Services child protective records in accordance with Title 22, section 4008. The family case management officer law magistrate may review records in camera to determine whether to grant access; 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), (2) and (2-A) 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 law magistrate shall inform the parties of the rights of review established in this paragraph.
F. A family case management officer law magistrate has the power to impose punitive and remedial sanctions in a summary proceeding for contempt occurring in the actual presence of the family case management officer law magistrate and seen or heard by the family case management officer law magistrate. The Maine Rules of Civil Procedure relating to summary contempt proceedings apply to a family case management officer law magistrate exercising the contempt power under this paragraph.
G. The Chief Judge of the District Court may allow family law magistrates to wear robes of any color other than black when presiding over any proceeding.
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 law magistrates 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 law magistrates 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 law magistrates.
Effective September 17, 2005.
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