THE STATE OF THE JUDICIARY MAINE JUDICIAL BRANCH
A Report to the
Joint Convention of the First Regular Session of the 124th Legislature
Presented by Chief Justice Leigh I. Saufley March 17, 2009
2009 State of the Judiciary (PDF)
Providing Justice in Challenging Times
Thank you, President Mitchell, and good morning, Governor Baldacci, Speaker
Pingree, Members of the 124th Maine Legislature, Members of the Court,
friends, and my always supportive family, it is an honor to present this
report on the State of Maine’s Judiciary.
I am also pleased to be joined here today by representatives of other courts:
Judge Kermit Lipez of the U.S. First Circuit Court of Appeals; Probate
Judge Donna Bailey; Penobscot Tribal Judge Eric Mehnert; and Steven Brimley
with the Houlton Band of Maliseets.
Before I begin the actual report on the State of Maine’s Judiciary,
I want to recognize the historic significance of this occasion.
This is the first time that any Chief Justice in Maine has been invited
to address the Joint Convention of the State Legislature by a female Senate
President, and a female Speaker of the House, at a time when we can look
into the gallery to the Attorney General, who is also a woman. This is
an historic occasion for the State of Maine, and it is such an honor for
me to be a part of this day. I want to ask Senate President Libby Mitchell,
Speaker of the House Hannah Pingree, and Attorney General Janet Mills to
stand so that we can celebrate this wonderful occasion.
On a decidedly lighter note, today is St. Patrick’s Day. You will
see that I am wearing the green. Now, to be sure, my ancestry is almost
entirely Scottish and English. I was told, however, that on St. Patrick’s
Day everyone is Irish. I was told this, you must understand, by the Irish
Trial Chiefs—Chief Justice Humphrey and Chief Judge Murray. Even
Deputy Chief Judge LaVerdiere is Irish. So in the spirit of the day, let
me present to you my other colleagues: Justice Robert O’Clifford,
Justice Jon O’Levy, and Justice Ellen O’Gorman. To all of our
Irish friends, to all of our non-Irish friends, here’s a salute to
St. Patrick, who, the Governor informs us, was Italian.
Now to the serious matters confronting us.
Recently, I was honored when
the Governor nominated me to serve a second term as Chief Justice,
and I am forever grateful for your confidence in confirming me. But I confess
that I feel the responsibility of our work more acutely as we watch
the good people of this State struggle with the most serious economic downturn
we have experienced in decades. And I know, from spending just a
little time in the halls of this building, that you, too, are feeling the
extraordinary responsibility of government to the people who are hurting.
Our friends and neighbors are losing their jobs, their homes, their businesses.
Last week, Judge John Romei called me from the Calais courthouse. He had
just learned that the Woodland Mill in Baileyville would be closing. Judge
Romei, like so many other judges in Maine, has spent years working with
people in the Adult Drug Treatment Court, helping them to maintain sobriety,
find jobs, and regain their families. As we talked, he asked me a simple
question: what are they going to do? Across the State, those quiet conversations
are being repeated. That question in government always evolves into another:
what are we going to do to help?
Last Tuesday, Governor Baldacci gave us reasons to be hopeful about the
future of Maine’s economy. I am here today to tell you why, working
together, with vigilance and creativity, we can be equally hopeful about
the delivery of justice in the future, and why our vision of a justice
system that is responsive to the needs of Maine people is both critical
and achievable, even though the next two years will be very difficult.
ACCESS TO JUSTICE IS CRITICAL
Justice is not simply an important part of
government; it is critical to democracy. If justice fails, democracy
fails. The very first words of the Constitution of the State of Maine recognize
this fact: “We the people of Maine, in order to establish justice
. . . .”
This concept is foundational to all three branches of government. Each branch,
Executive, Legislative, and Judicial must be strong, independent, and capable
of carrying out its responsibilities in order for democracy to survive.
Make no mistake: democracy is a fragile thing. Coretta Scott King reminded
us: “Democracy is never a final achievement. It is a call to an untiring
effort.”
That untiring effort occurs every day in these halls. As legislators, you
work to assure that Maine laws reflect your vision of justice. When you
are done with your work, the Executive Branch must be ready to effectuate
the laws, and the Judicial Branch must be able to enforce them.
The economic development you and the Governor are working so hard to generate
will require prompt resolution of the zoning, regulatory, and contractual
disputes that inevitably arise during the process. Your efforts to protect
children, defeat domestic violence, and reduce crime require a court system
with the resources to carry out your vision of justice. We must, therefore,
work together to assure that the Maine courts are there when our citizens
need them.
PROVIDING ACCESS TO JUSTICE IN HARD ECONOMIC TIMES
How then, in economically
devastating times, do we assure the continued viability of justice
in Maine? We must look ahead to better times, and we must have the roadmap
toward prosperity in mind. We must be clear-eyed, however, about the current
challenges. There are three principles that will guide us through these
very challenging times:
- Priority cases involving children and families, violence or sexual
assault, and victims of crimes will continue to be scheduled
first.
- Second, we must make every effort to maintain our basic infrastructure,
so that, as the economy recovers, and the sun rises on Maine
again, we can rebuild a strong justice system quickly.
- Third, we must take this opportunity to think creatively about the
delivery of justice. Innovations that improve efficiencies, and
position the courts for effective streamlined delivery of justice in
the future, will be crucial.
THE STATE OF THE JUDICIARY
Keeping these principles in mind, I turn to the
current state of Maine’s Judiciary. I would describe it in one word:
PRECARIOUS.
Much improvement has occurred in the last decade, and further improvements
are in the works, but we are at a crossroads, and we must be vigilant if
we are to emerge from the next two very challenging years with an intact
system of justice.
Just a year ago, the State’s system of justice was rebounding from
years of under funding. Many efficiencies had already been undertaken:
our centralized administration eliminated duplication of personnel and
administrative costs; 22 of our 41 clerks’ offices had been consolidated
into 11 streamlined offices; library costs were substantially reduced
through electronic research capacity and local publishing; out-of-state
travel has been restricted, and in-state travel has been reduced; video
conferencing capacity was expanded throughout the state to save time and
travel costs.
Accompanying those efficiencies, and with your help, we had made progress
in several areas. Security had been substantially improved, the equipment
was in place and you had authorized, but not yet funded, new positions
to screen guns from the courthouses. A new consolidated courthouse was
authorized to replace the outmoded and dangerous courts in Bangor. That
environmentally responsible new courthouse will meet Maine Benchmark standards
and will open on time and on budget. The Drug Treatment Courts had expanded
into child protection cases, with an emphasis on reunifying families. The
Business and Consumer Docket had been launched with very positive results.
Then the economy began its downward slide. Two problems combined to create
the precarious circumstances now facing Maine citizens in need of justice.
First, the State was unable to find new funds for the increased demand
for constitutionally required services in criminal prosecution and child
protection cases, and the money had to be taken from court operations.
Second, across-the-board cuts further reduced the Judicial Branch budget.
Last year, that combination resulted in the loss of approximately $3 million
from Judicial Branch operations and, given our previous efficiency efforts,
left us with very few options.
The Judicial Branch does not have programs. We were, therefore, left with
three stark options to manage that deficit: losing staff, closing courthouses,
or violating the basic constitutional responsibility of the State in prosecutions.
Because, as jurists, we could not allow the Constitution to be violated,
the end result had to be fewer courthouses or fewer staff.
Only the Legislature can close courthouses. We, therefore, reconvened the
Courthouse Advisory Committee, with representatives from all three
branches of government, to consider whether courthouses should be closed
to save money. After multiple meetings, that Committee unanimously recommended
that we should not further reduce the public’s access to courthouses,
especially in these very tough times.
The need for rural courthouses becomes clear when we consider the substantial
recent increase in homicides in Maine. The Attorney General’s Office
estimates that more than 60% of those recent deaths were related
to domestic violence. It is already difficult for many people to reach
a courthouse to obtain protection from abuse. If we close our few rural
courthouses, we may leave victims of violence with no options. Although
the future may bring many better options for distance justice through technology,
until those systems are in place, closing rural courthouses will rarely
be a wise choice.
You can see where this leads. If constitutionally required payments for
the representation of poor people charged with crimes cannot be reduced,
and if we are committed to providing access to justice in rural Maine,
the only area left to cut is the number of people who are providing justice.
And that is what we have done. In the last year, we eliminated 9.5 positions,
and we have had to maintain more than 40 vacancies, including the equivalent
of two judges, and many marshals and clerks. These reductions have had
a serious effect on our citizens.
- Public court hours have been reduced in six courthouses (the District
Courts in York, Springvale, Portland, Biddeford, Belfast, and
Bridgton, and the Superior Courts for Cumberland, Waldo, and York Counties);
- Both staff time and judge time in the Business and Consumer Docket
have been cut in half;
- People seeking compensation for injuries or those trying to clear
up zoning, contract, or land disputes, are waiting longer and
longer for their day in court;
- Homeowners with nonpaying tenants
cannot get their cases reached and may face foreclosure;
- Small
businesses cannot get prompt resolution of their small claims
cases; and
- Most distressing, courthouse safety has suffered.
Last year, we were on our way to providing entry screening on
25% of the court days in Maine. This year, we have been able
to staff that security need on only 5% of our court days.
The budget proposed for the next biennium results in approximately the same
staffing shortages. We recognize and appreciate the Governor’s efforts
to spare Maine people an even greater loss of justice. But this current
situation is—precarious. Only 462 people, including all of our judges,
clerks, and marshals, are left to run an entire statewide court system
that receives approximately 280,000 new cases each year.
And behind every court case is a disrupted life, from families in turmoil,
or neighbors disputing boundaries or land use, to people injured
in car accidents; from the relatively benign distress of receiving a speeding
ticket, to the violent victimization by a professed loved ones; from
small business owners struggling to obtain payment for their work, to victims
of elder abuse or exploitation.
We hope that the shortage of people to provide justice is short-lived. But
it is taking its toll already. Justice cannot be outsourced. People make
the system work. Our staff is working harder every day under increasingly
stressful conditions. We must look toward the day when we can re-staff
the courts.
HOW TO DELIVER JUSTICE
How then do we find a way to deliver justice when
resources are so limited? We have been fortunate to have a great
deal of collaboration with the Legislative and Executive Branches. Many
of you have come to our courthouses and served on various committees to
help us find creative solutions. The Judiciary Committee worked with us
to review in detail the fiscal status of the courts and to make recommendations
for improvements and innovation.
The public has also benefited from the generosity and assistance of Maine
lawyers. Lawyers who work in Maine give of their time and their money for
poor Mainers in need of assistance at unprecedented rates.
And despite the now-chronic staffing shortages, the men and women of the
Maine courts have pulled together to keep the ship afloat. I cannot express
fully my gratitude for the work that our judges, justices, and magistrates
accomplish every day. And they could not accomplish what they do without
the heart and soul of the system, the clerks, marshals, and administrators
who keep the courts running.
It is because of the work of these fine people that we have continued to
move forward in this last year, despite overwhelming demands.
- Through the efforts of Chief Justice Humphrey and Justice Nivison,
we have been able to keep the Business and Consumer Docket alive;
- The consolidation of courthouses in Houlton and Bangor is almost
complete. There will be two buildings where we once had to staff
and secure four;
- Through the leadership of Justice Gorman,
the creativity of talented trial judges, and the support of District
Attorney Stephanie Anderson and the defense lawyers, we have
launched the first of its kind Unified Criminal Docket to streamline
the processing of criminal cases. Criminal charges are being
addressed much more quickly, and we already have indications
that the streamlined process will save substantial amounts of
money;
- With the input and assistance of the Media and the Courts Committee,
under the leadership of Justice Joe Jabar, we expanded camera
access to Maine courtrooms, providing the public a greater opportunity
to observe justice at work;
- To assure that the public can continue
to place its trust and confidence in the legal professionals
of this state, with the support of Maine lawyers, we have enacted
a brand new lawyer code of conduct;
- Our staff held brainstorming sessions
across the State to provide us with new ideas for efficiencies
and cost savings, and many of their ideas are already in place;
- With
everyone in the Judicial Branch pitching in, revenues from this
Branch have not fallen, even in the face of the vacancies. The
FY’08 revenue collection
was 29% higher than 5 years ago, and the 2009 revenues are expected
to reach almost $50 million;
- Responding to Maine’s growing
diversity, we have improved our language interpreter services for the
public, and we have created new responses to the growing ethnic and
religious diversity in Maine’s Courts. Rachel Talbot Ross, Director
of the Portland Division of the NAACP, saw a problem in the way our
criminal justice system was responding to issues of respect for religious
attire. With Rachel’s help, and assisted by Sheriff Mark Dion
and Zack Heiden of the MCLU, the Courts and the Jails are changing
their policies. These improvements are being accomplished without rancor
or litigation, in contrast to the experiences in other states. It has
been a terrific example of the way Maine works;
- This year, the Co-Occurring
Disorders Court, which addresses the tragedies caused by the
confluence of mental illness and substance abuse will, against
all odds, expand into another county very shortly, using no new general
fund dollars; and
- Overall, the Drug Treatment Courts have continued
their extraordinary work, restoring lives, supporting sobriety,
and, in the last year, helping seven more babies come into this
world drug-free.
UPCOMING INITIATIVES
As you can see, much has been accomplished in this
very challenging time, and there is much more on the horizon.
1. Judicial Branch Initiatives & Collaboratives
(a) Foreclosure Diversion
For example, within the month, through the tireless work of Justice
Jon Levy, the Judicial Branch will establish a Task Force to create
a Foreclosure Diversion program aimed at helping Maine people who are
facing the loss of their homes. I am pleased to say that the Justice
Action Group and Maine banks are working with us in this effort, giving
us reason to hope for effective solutions.
(b) Juvenile Justice Task Force
Shortly, we will be convening
a Juvenile Justice Task Force. This Task Force will represent a first-of-its-kind
collaboration of the Judicial Branch, the Children’s Cabinet, and
the University of Maine School of Law. Working in a very short timeframe,
we will launch a new era of coordination, and increased effectiveness
and efficiency of early community response to children and families
in crisis.
To be sure, Maine has made great strides in improving its youth-focused
efforts. Great progress has been made with the state’s juvenile correctional
facilities. From a time when our Youth Center was frankly abysmal, to the
recent national accreditation and recognition that Longcreek and Mountainview
are among the best in the nation, we have come a long way. And the response
to child abuse in Maine has also substantially improved. The number of
Maine children in state custody has steadily dropped for the first time
in decades, and the number of Maine children who are placed with family
members has increased substantially.
But, despite all of these very important improvements, we still find too
many of our youth are dropping out of high school, are disconnected from
positive peers and communities, and are not coming out of adolescence with
the skills necessary to become productive adults.
The Juvenile Justice Task Force will help us develop a coordinated process
to identify youth and families in the beginning stages of distress. It
should not matter whether the first identification of problems is by a
school, the Department of Health and Human Services, the police, the courts,
or other community entities; the response should be consistent, swift,
and effective. We must use the growing body of evidence about “what
works,” and find a way to coordinate available services, provide
direction before our youth become disaffected, and keep them in, or return
them to, school. One of the strongest predictors for joblessness, criminal
behavior, and illness, is the disconnection from school and peers. It is
estimated nationally that 68% of the prison population never finished high
school. We do not want to be building new prisons and jail cells in the
future, and we must turn our attention to this enormous challenge for Maine
youth. The potential for real, lasting, and effective change through this
effort is very exciting.
Once again, several of you have committed to helping us with these Task
Forces, and we are grateful for your assistance.
2. Initiatives Requiring Legislative Approval
In addition, there are three
upcoming initiatives that will require your attention and have the
potential for great improvements.
(a) Facilities
First, thanks to Senate President Mitchell, there is a bill
before you, L.D. 882, that will create a single, modernized, LEEDS
certified courthouse for Augusta, which is long overdue. The court
facilities in Augusta are cramped, disrespectful of our citizens, and often
dangerous. President Mitchell’s bill would consolidate three
different facilities under one roof, streamline the provision of security
and technology, and provide a community justice center in the state’s
capital. Two other similar, though much smaller, projects will be
proposed in Washington and Piscataquis Counties. These projects,
which bring needed jobs, and create future efficiencies, could make a world
of difference in each of their communities.
(b) Indigent Legal Services Commission
Next, does this sound familiar? “You
have the right to remain silent. Anything you say can and will be used
against you in a court of law. You have the right to an attorney. If you
cannot afford one, an attorney will be appointed to represent you at the
State’s expense.” Hopefully, it sounds familiar only because
you have watched too many episodes of Law and Order. But the quotes are
not just drama. They are drawn directly from constitutional law established
by the United States Supreme Court. The State must pay for attorneys to
represent impoverished Mainers who are charged with crimes or are the subject
of child abuse petitions.
The Indigent Legal Services Commission, Chaired by Justice Robert Clifford,
will create an independent system for constitutionally required legal services
connected to the prosecution of criminal and child protection cases. As
you have heard, the budget for those services in Maine is oddly placed
in the Judicial Branch. Having judges responsible for the payment of one
party’s attorney, and in no way involved in payment or decision-making
regarding the other parties, creates the appearance of a conflict of interest
that has become intolerable.
You would never think of putting the prosecutors, the District Attorneys
and Attorneys General, within the Judicial Branch budget, and the
defending attorneys do not belong there either. I cannot urge you strongly
enough to support this proposal, which will not require any new funding. We
must eliminate this intolerable appearance of conflict.
(c) Technology
Third, we cannot move the court system forward without real
technological solutions. For several years, I have been talking to you
about the need for improved accessibility through technology. The current
information management in the courts is expensive; cumbersome; costly for
staffing, mailing, and storage; and frankly outmoded.
There is an opportunity this year, through grant funding, to completely
update the court’s technology. We are collaborating with Commissioner
Ann Jordan in the Department of Public Safety and several other Executive
Branch Departments to seek the necessary grant and stimulus funds for technological
improvements. In addition to creating good, high tech, short-term jobs,
this initiative will substantially upgrade the technological infrastructure
of the court system and our criminal justice system, and it will improve
efficiencies going forward.
Perhaps more important than any of the efficiencies or dollars saved in
the long run would be the improvement in both the public’s access
to court-related matters, and the improvement in community safety that
would be provided through enhanced criminal justice information systems.
What Can You Do to Assure that Justice is Meaningful
for Your Constituents?
Finally, I come to the question that so many of you have asked this year.
Given the current General Fund deficit, and the prospect of further
reductions, how can you help us make sure that, when your constituents
need help from the courts, there is a courthouse near them; there
is a clerk who will answer the phone; there is a judge who can hear their
case, and a marshal to keep them safe.
There are several concrete things you can do right now:
- Support the Judicial Branch budget, as recommended by the Judiciary Committee,
which worked hard to find solutions without requiring new general
fund dollars. That budget is based on the recommendations of Governor Baldacci,
and provides important management tools to help us to make the most
of those dollars. Do not cut further into funding for justice.
- Support President Mitchell’s bill, L.D. 882, which will provide
much-needed courthouse improvements, and which, like the other infrastructure
projects you are reviewing, will generate local jobs and create efficiencies
for the future.
- Support the recommendations of Justice Clifford’s Indigent Legal
Services Commission. It will be sufficiently funded from current resources,
will not require a single new dollar, and will restore confidence in
our criminal justice system.
- Support the grant funding proposals for the technology that will make
the courts more accessible and efficient, and will improve community
safety.
- Keep an eye out for the pot of gold that could be waiting at the end
of a rainbow. If there is any opportunity, help us return safety and
staff to our courthouses.
Finally, I pledge to keep working with you and your communities. It was
a wonderful experience for the Court to sit in Eastport, Winthrop, Bangor,
Augusta, and Sanford last fall. Consider inviting us to bring Oral Arguments
to a school near you. We have the schools lined up for this fall, and we
are looking for suggestions for the fall of 2010.
In honor of the day, I leave you with this brief Irish Blessing that seems
just perfect for those of us in Government.
May you have the Hindsight
to know where you’ve been
The Foresight to know where you’re
going
And the Insight to know when you’re going too far.
Happy St.
Patrick’s Day.
