Judiciary Committee Issues Divided Report on LD 1096

LD 1096 would have added the following language to 4 M.R.S. section § 8-C:

“After the effective date of the rules as adopted or amended, all laws in conflict with the rules are of no further effect.”

See full bill at http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0357&item=1&snum=130

At a work session on April 16, 2021, the Judiciary Committee issued a divided report almost certainly insuring failure of the bill. See more on the Legislative Website http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=280079631

LEGISLATURE POISED TO ACKNOWLEDGE COURT’S CONSTITUTIONAL AUTHORITY TO MANAGE COURT RECORDS AND MAKE RULES

LD 1096 An Act To Clarify the Rule-making Authority of the Supreme Judicial Court Concerning Electronic Records and Filing will be taken up at a public hearing before the Judiciary Committee on April 14, 2021 at 10 am in Statehouse room 438

See text of proposed legislation here:

http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0357&item=1&snum=130

See also Me. Const. art. VI, § 1 (vesting judicial power (except impeachment) exclusively in the Supreme Judicial Court).  https://www.maine.gov/legis/const/#a6

and 4 M.R.S. section 7 (Supreme Judicial Court “has control of all records and document in the custody of its clerks.”) http://legislature.maine.gov/legis/statutes/4/title4sec7.html