Maine LD 416: An Act To Provide for Direct Appeals under the Maine Juvenile Code to the Supreme Judicial Court

LD 416 (subjects: JUVENILE OFFENDERS , JUVENILE COURT )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=416&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Mark Dion of Portland: (D – District 43) — e-mail | Twitter

6 Cosponsors:

Actions

Chamber

Action
2/12/2015 House Committee on Judiciary suggested and ordered printed.
The Bill was REFERRED to the Committee on JUDICIARY.
Sent for concurrence. ORDERED SENT FORTHWITH.
2/12/2015 Senate On motion by Senator Burns of Washington, REFERRED to the Committee on Judiciary, in concurrence.
4/28/2015 House CONSENT CALENDAR – FIRST DAY
4/29/2015 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
CONSENT CALENDAR – SECOND DAY.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-92).
Sent for concurrence. ORDERED SENT FORTHWITH.
4/30/2015 Senate Report READ and ACCEPTED , in concurrence.
READ ONCE
Committee Amendment “A” (H-92) READ and ADOPTED , in concurrence.
ASSIGNED FOR SECOND READING NEXT LEGISLATIVE DAY.
5/5/2015 Senate COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY, Senator Saviello, Senate Chair. REPORT ACCEPTED.
READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-92), in concurrence.
Ordered sent down forthwith.
5/7/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/12/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 416 as originally introduced. L.D. 416 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-92) .

An Act To Provide for Direct Appeals under the Maine Juvenile Code to the Supreme Judicial Court

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 15 MRSA 1, sub- 2, D, as enacted by PL 1999, c. 731, Pt. ZZZ, 9 and affected by 42, is repealed.

Sec. 2. 15 MRSA 3401, sub- 1, as repealed and replaced by PL 1979, c. 512, 8, is amended to read:

1. Structure. Except as otherwise provided, appeals from the juvenile court shall be are to the Superior Supreme Judicial Court and appeals from the Superior Court shall be to the Law Court.

Sec. 3. 15 MRSA 3402, as amended by PL 2013, c. 234, 11, is further amended to read:

3402. Appeals to Supreme Judicial Court

1. Matters for appeal. Appeals of the following matters may be taken from the juvenile court to the Superior Supreme Judicial Court by a party specified in subsection 2:

A. An adjudication, provided that no as long as the appeal shall be is taken until after an order of disposition;
B. An order of disposition, or of any subsequent order modifying disposition, for an abuse of discretion; and
D. A detention order entered pursuant to section 3203-A, subsection 5 or any refusal to alter a detention order upon petition of the juvenile pursuant to section 3203-A, subsection 11, for abuse of discretion, provided that the appeal must be handled expeditiously.

2. Who may appeal. An appeal may be taken by the following parties:

A. The juvenile; or
B. The juvenile’s parents, guardian or legal custodian on behalf of the juvenile, if the juvenile is not emancipated and the juvenile does not wish to appeal.

2-A. Appeal from a bind-over order of the juvenile court. A bind-over order of the juvenile court by a party specified in subsection 2 may be reviewed only by the Supreme Judicial Court pursuant to an appeal of a judgment of conviction following bind-over.
3. Appeals by the State. The State may appeal from a decision or order of the juvenile court to the Supreme Judicial Court to the same extent and in the same manner as in criminal cases under section 2115-A. The State may appeal from the juvenile court to the Superior Supreme Judicial Court for the failure of the juvenile court to order a bind-over.
4. Stays and releases. On an appeal pursuant to subsection 1, paragraphs A and B, the Superior Supreme Judicial Court shall consider a stay of execution and release pending the appeal.
5. Time for appeals. An appeal from the juvenile court to the Superior Supreme Judicial Court must be taken within 7 days after the entry of an order of disposition or other appealed order or such further time as the Supreme Judicial Court may provide pursuant to a rule of court.

Sec. 4. 15 MRSA 3403, as repealed and replaced by PL 1979, c. 512, 10, is amended to read:

3403. Rules for appeals

Procedure for appeals from the juvenile court to the Superior Supreme Judicial Court, including provision for a record, subject to section 3405, shall be is as provided by rule promulgated adopted by the Supreme Judicial Court.

Sec. 5. 15 MRSA 3405, as amended by PL 1997, c. 645, 14, is further amended to read:

3405. Scope of review on appeal; record

1. Scope of review. Review on all appeals from juvenile court to Superior the Supreme Judicial Court shall be is for errors of law or abuses of discretion. The Superior Supreme Judicial Court may affirm, reverse or modify any order of the Juvenile Court juvenile court or remand for further proceedings. The Superior Supreme Judicial Court shall may enter a new order of disposition if it finds that the Juvenile Court’s juvenile court’s disposition was an abuse of discretion.
2. Record on appeals. In appeals taken pursuant to section 3402, subsection 1, paragraphs A and B, review must be on the basis of the record of the proceedings in Juvenile Court juvenile court. In the interest of justice, the Superior Supreme Judicial Court may order that the record must consist of:

A. The untranscribed sound recording of the proceedings; or
B. An agreed or settled statement of facts with the consent of the parties.

3. Record on appeals of detention orders. In appeals taken pursuant to section 3402, subsection 1, paragraph D, the court shall order a review by the most expeditious of the following methods that is consistent with the interests of justice:

A. The untranscribed sound recording of the detention hearing;
B. Evidence presented to the Superior Court trial court, provided as long as the scope of review shall be is as specified in subsection 1;
C. A transcribed record; or
D. A record consisting of a statement of facts as described in subsection 2, paragraph B.

Sec. 6. 15 MRSA 3407, as amended by PL 1997, c. 645, 15 and 16, is repealed.

summary

The purpose of this bill is to eliminate duplicative appeals from the juvenile court. Under current law, all appeals from adjudications in juvenile court go first to the Superior Court, with a second appeal available at the Supreme Judicial Court. This bill provides instead that appeals are brought directly to the Supreme Judicial Court.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


This information about LD 416 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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