Maine Legislature Considers Sealing Marijuana Convictions—BUT How do you Seal Records that Have Been realized into Cyber Space?

Proponents of the bills urge those convicted of crimes of former crimes should not be punished by having their prospects for employment hampered or suffering other consequences.

Opponents Opponents of the measure, including the Media, claim a blanket sealing of conviction records from the public would lead to a less transparent government and court system.

The courts system spokesperson explained that some convictions, before 2001, would have to be redacted from paper docket books and detailed the technical challenges the law change could present.

See Portland Press Herald Article from March 18, 2021

https://www.pressherald.com/2021/03/18/bill-would-seal-minor-marijuana-convictions-in-maine/

See Bill Pending with Legislative Judiciary Committee (LD 216)

http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP0151&item=1&snum=130

MEDIA REPORTS ON ITS OWN LAWSUIT

SEE Portland Press Herald Article March 20, 2021

https://www.pressherald.com/2021/03/19/press-herald-and-other-media-companies-say-courts-still-delay-access-to-records-illegally/

See more details from our March 18, 2021 post below

MEDIA’S SECOND MOTION FOR PRELIMINARY INJUNCTION FILED

In its second request for an injunction, the Media challenges the clerks’ ability to review records under Civil Rule 5. This long standing practice requires clerks to check records (in paper form and now in the electronic age) for procedural compliance before posting them to the official record. It will be up to the court to decide —now that the paper-practice has been imported into the digital arena, does the media have the chance to succeed on its argument that there is a history of same day access?

See Plaintiff’s Second Motion for Preliminary Injunction filed March 17, 2021.

https://docs.google.com/document/d/1VgizLtIFuF3ZC5MpTFIs7AHe1Q80fMMtq1aQ0KF6LAI/edit?usp=sharing

State Court Files Motion to Dismiss and Media Responds

The Maine State Court system defendants filed a motion asking the federal court to dismiss a lawsuit filed by Courthouse News Service, the Portland Press Herald, the Bangor Daily News and other publications over delayed access to documents in the judicial branch’s new e-filing system. In its motion, the defendants urged that the Media’ complaint should be dismissed because changes that will be implemented March 15 will do away with the delay. The media filed a response.

See Bangor Daily News 3/3/21 article on its website:

Defendant (Glessner and Schleck)’s Motion to Dismiss can be found here:

https://drive.google.com/file/d/1S0lpXOF-8Nc46zyU9nLEQ8gdWKBtF1lI/view?usp=sharing

with its attachment, which can be found here:

https://drive.google.com/file/d/1B6_1KbGLvbdrwy07tDAI9mMkUS-SPfiX/view?usp=sharing

The Media filed its Response to the Motion, which can be found here:

https://drive.google.com/file/d/1KQPvXVtSnEerv3G2hHBnCstlVUSpNkqQ/view?usp=sharing