Author: Admin

E-Filing: Ready, Set, Send

The Maine Bar Journal Volume 35 features an article by Professor Nancy A. Wanderer describing the challenges and opportunities for lawyers in the time of e-filing. Here are some of the Professor’s thoughts:

I understand the anxiety Maine lawyers may be experiencing as they contemplate the change to e-filing. I also appreciate their tendency to push aside any concerns they may be feeling, when they shrug and say “they don’t expect much change for lawyers” who have been using PACER in the federal courts for years. Laura’s Maine Bar Journal article, called “E-Filing: It’s a Big Deal,” was her clarion call, warning Maine lawyers that they need to be ready for this change and participate in decisions about how that change will be implemented.

Nancy A. Wanderer, E-filing: Ready, Set, Send, page 35, Maine Bar Journal, Vol 35 No. 1 (Winter 2020)

See the full text of this informative article at pages 35-38 of the Journal:

https://cdn.ymaws.com/www.mainebar.org/resource/resmgr/barjournals/2020_Winter_Final.pdf

For more information about this evolving situation–consult the court system website at www.courts.maine.gov

DEADLINE EXTENSION FOR AMICI BRIEFS: May 18, 2020

The Supreme Court has extended declines for filing Amici Briefs related to the availability of nonparty medical records in a civil case by 49 days to May 18, 2020

See previous post of March 3 for more details

Deadline March 30, 2020

The Maine Supreme Judicial Court, sitting as the Law Court, invites briefs of amici curiae in the appeal of Carol A. Kennelly v. Mid Coast Hospital, Law Court docket number Cum-18-445, on the issue of whether medical records of nonparties are discoverable in a civil action if the records are redacted to remove the information that is understood to identify patients.

The briefs filed by Kennelly, Mid Coast Hospital, and amici curiae Maine Hospital Association and Maine Medical Association; the appendix; and the audio recording of the oral argument held on March 5, 2019, are available at the link below.

https://www.courts.maine.gov/maine_courts/supreme/amicus_invites/kennelly/index.html

The Ninth Circuit Court of Appeals reversed district court judge Guilford’s ruling that delays of one day do not violate the First Amendment. Courthouse News Serv v. Yamasaki, 950 F.3d 640 (9th Cir. 2020) (reversing, Courthouse News Serv v. Yamasaki, Courthouse News Serv. v. Yamasaki, 312 F. Supp. 3d 844 (C.D. Cal. 2018).

Ninth Circuit Order: https://law.justia.com/cases/federal/appellate-courts/ca9/17-56331/17-56331-2020-02-24.html

Judge Andrew Guilford’s Order: https://www.courtlistener.com/recap/gov.uscourts.cacd.668466/gov.uscourts.cacd.668466.186.0.pdf

Portland Press Herald 2/18/2020

These measures would largely apply to nonviolent and low-level felonies and would exclude any crimes against a child or person over age 65.

QUESTION: IF court records are expunged after the records have been posted on the Internet–is there a way to expunge records from all online sources (e.g., facebook, google).

SHORT ANSWER: NO. Once court records go online, they live forever.

Here is a link to the Press Herald story about LD 1897

https://www.pressherald.com/2020/02/18/maine-legislature-considers-bill-to-expunge-some-convictions-from-public-records/

Pierce Atwood’s Joshua D. Dunlap, Esq. posted a blog summarizing his observations about the Maine State Bar Association’s interesting and informative sneak preview of the new user-friendly streamlined system.

Dunlap opined that the tools would be helpful for appellate practitioners, but that all lawyers will need to pay attention to the system and to remember their obligations to supervise their assistants and ensure compliance with all filing requirements.

Additionally, he explained that in addition to the roll out in the first judicial region, the court is also considering including Law Court appeals and Business and Consumer Docket Cases in in the initial implementation.

His full blog appears on his firm’s website at:

On January 31, 2020 Maine lawyers began learning about e-filing. Highlights included learning that the system would be easy to use from remote locations, but that only lawyers (not their administrative staff) would be responsible for filing. ALSO the system will roll out in one judicial district, but that any lawyers/parties called into that district will be required to comply with the e-filing rules that have not yet been issued by the court. Most troubling–with rare exception, the court will require all parties will file electronically—there will be limited assistance available for those who cannot understand the system or must file in paper format.

On January 23 , 2020, the legislature’s judiciary committee rejected LD 1759 by voting Ought Not to Pass.

http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1759&PID=1456&snum=129&sec3

This case is part of on a ongoing string of litigation started in the mid-2000’s with Courthouse News Service filing suit against Michael D. Planet, Clerk of the Ventura County Superior, regarding various court records access issues.

In Round 3: Applying Press-Enterprise Co. v. Superior Court (Press-Enterprise II), 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986), the United States Court of Appeals for the Ninth Circuit concluded the press has a qualified right of timely access to newly filed civil nonconfidential complaints that attaches when the complaint is filed. The Court also found this right does not entitle the press to immediate access to those complaints. Some reasonable restrictions resembling time, place, and manner regulations that result in incidental delays in access are constitutionally permitted where they are content-neutral, narrowly tailored and necessary to preserve the court’s important interest in the fair and orderly administration of justice.

COURTHOUSE NEWS SERVICE v. PLANET, 947 F.3d 581 (Ninth Circuit 2020) https://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/17/16-55977.pdf