Public Commentary & Testimony Regarding Maine’s Digital Court Records Act and Other Legislative Proposals

In January 2019, the Supreme Judicial Court sought comments on a set of rules entitled Digital Court Records Access Act. Comments were submitted. The legislative proposal was not submitted to the Maine State Legislature. Comments submitted to the Court appear below.

In May 2019, a bill submitted by Maine Judicial Branch (L.D. 1759 An Act Regarding the Electronic Data and Court Records Filed in the Electronic Case Management System of the Supreme Judicial Court) was considered by the Legislature’s Joint Committee on the Judiciary. After public hearing and a work session, the Committee voted to carry-over the bill to the Second session of the 129th Legislature. Information from the Legislative History of L.D. 1759 appears below.

More information about the L.D. 1759 can be found on the Maine State Legislature’s website:  http://legislature.maine.gov/bills/display_ps.asp?PID=1456&snum=129&paper=SP0589

Written Submissions and Audio from the Public Hearing (May 28) & Work Session (May 30) may be accessed from the Maine State Legislature’s website: http://legislature.maine.gov/committee/#Committees/JUD

The text of the carried-over bill appears here:

Maine’s Legal Service Providers Seek Opportunities to Learn More and Offer Their Insights

As those lawyers and other professionals working closely with some of Maine’s most vulnerable citizens the Legal Service Providers came together to ask questions, suggest alternative approaches, and volunteer their time and talents to assist the Maine Judicial Branch in the digital transformation.

Request to the Supreme Judicial Court January 2019

Inquiries and commentary from the Maine Legal Service Providers appears below.

Comments Related to the Digital Court Records Access Act January 2019

Comments Related to Digital Court Records Access Rules and Related Procedural Rules March 2019

Maine Supreme Judicial Court Posts Draft Digital Court Records Access Rules and Other Related Rules of Procedure For Comment

In February 2019, the Maine Supreme Judicial Court invited comments on drafts of a Digital Court Records Access Rules and related amendments to the Maine Rules of Unified Criminal Procedure and the Maine Rules of Civil Procedure, including the Family Division rules. The proposed new rules and amendments, as well as links to the materials from the Transparency and Privacy Task Force, draft legislation, and comments to the first draft of legislation were available on the Maine Judicial Branch’s website, but the link (www.courts.maine.gov/quick/dcra) is no longer working.

The information is available on the Judicial Branch’s website at

https://www.courts.maine.gov/rules_adminorders/rules/proposed/access_to_records_2019-02-27/index.shtml or through the links below.

A copy of the notice can be found here–

Draft Digital Court Records Access Rules can be found here–

Draft Amendments to the Rules of Civil Procedure can be found here–

Draft Amendments to the Rules of Criminal Procedure can be found here–

Draft Amendments to Maine’s Family Division Rules can be found here–

CHIEF JUSTICE GIVES 2019 STATE OF JUDICIARY ADDRESS TO LEGISLATURE (February 26, 2019)

A major topic of this year’s address was the Judiciary’s move from paper to electronic court record management. Chief Justice Saufley provided an update on the effort to digitize Maine court records. In June, the Supreme Judicial Court ruled that digital records would be available to the public for a fee. The Chief Justice indicated that there would soon be proposed legislation and rules about which records will be accessible to the public through the e-system. She described this project as “one of the most complex projects [she] has has ever been involved with in Government.”

See a discussion of her address from the Portland Press Herald article Maine’s chief justice asks for more support, but not for the judicial branch dated 02/27/2019 (updated 11/9/19):

https://www.pressherald.com/2019/02/27/maines-chief-justice-asks-for-more-support-but-not-for-the-judicial-branch/

or Bangor Daily News article Maine’s chief justice doesn’t want money to fight opioid crisis to go to the courts dated 02/26/2019:

https://bangordailynews.com/2019/02/26/news/maines-chief-justice-doesnt-want-money-to-fight-opioid-crisis-to-go-to-courts-first/

Read the full address here: https://drive.google.com/file/d/1il48UIVPLv3NLVJkgMQA0cyMmfciQTw9/view?usp=sharing

Maine Supreme Judicial Court Posts Proposed Digital Court Records Access Act for Comment

In early January 2019, the Maine Supreme Judicial Court posted a draft of a digital court records access act and an overview of the legislative proposal.

HISTORICAL: MAINE SUPREME JUDICIAL COURT TASK FORCE REGARDING ELECTRONIC COURT RECORDS (2005)

To prepare for the transition to electronic court records, the Maine Supreme Judicial convened an external stakeholder groups, which hosted multiple public meetings to solicit comments from the public at large. In the fall of 2005, the Task Force For Electronic Court Record Access issued a report summarizing its efforts and the information it received. A copy of the full report issued on September 26, 2005, can be found, here:

https://drive.google.com/file/d/1M_fOglaz8bf4FSh6_LkpDfrUOwxsplQe/view?usp=sharing