Protocol for Issuance, Distribution and Publication of Administrative Orders

STATE OF MAINE SUPREME JUDICIAL COURT

ADMINISTRATIVE ORDER JB-05-02 (A.9-11)

Protocol for Issuance, Distribution and Publication of Administrative Orders

Protocol for Issuance, Distribution and Publication of Administrative Orders JB-05-02 (A.9-11)(PDF)

Effective: September 19, 2011

This order amends JB-05-2, signed June 29, 2005, and effective August 1, 2005.

This protocol covers procedures to be utilized for the issuance, distribution, and publication of all Judicial Branch Administrative Orders. Except in the case of an emergency, as determined solely in the discretion of the Chief Justice and the Trial Court Chiefs, the following procedures shall be utilized in the issuance of such an order:

I. DEFINITION
An "Administrative Order" is an order issued by the Supreme Judicial Court, regarding one or all of the courts and offices of the Judicial Branch, which order, directs, changes, or clarifies a practice or procedure of any court which is intended to have an effect on its customers or the general public in its dealings with the court. An Administrative Order does not include memoranda or other written directives addressed to court employees on internal matters. An Administrative Order does not include rules or amendments thereto; forms; codes of conduct; or the establishment of foundations, organizations, teams or committees, or appointments thereto.

II. CONSULTATION
When an Administrative Order is related to court rules, the Chief Justice has the discretion to request comment from persons or groups who are knowledgeable of the issues addressed by a proposed order. When matters are referred to a rules committee for comment, it shall be the responsibility of the rules committee chair to consult with other appropriate judicial advisory committees as well as their own committee regarding the proposed Administrative Order, and to relate in writing as soon as possible to the Chief Justice prior to the response date and, if no response date is provided, no later than the effective date of the Administrative Order any conflicts or concerns created by the Administrative Order.

The Chief Justice may issue the Administrative Order with or without any changes suggested by the chairs of the rules committees.

III. ADMINISTRATIVE ORDER CONTENTS
The following information shall be contained in an Administrative Order:

Title, which shall be descriptive;
Docket Number;
The signature of the Chief Justice of the Supreme Judicial Court;
Effective date;
Date of promulgation;
Termination date, if applicable;
A reference to any court rule that might be affected by the new Administrative Order;
If the Administrative Order supersedes an earlier order, it shall, whenever possible, state the date, title, and docket number of the previous order.

IV. FILING AND DOCKETING

All Administrative Orders shall be filed with the Administrative Office of the Courts. The Administrative Office of the Courts shall assign serial identifying numbers at the time of promulgation. The Administrative Orders shall be filed in two formats: (1) paper and (2) electronically. The State Court Administrator shall assign a staff person to be responsible for the receipt, notation of receipt date, distribution, and publication of all Administrative Orders. A database shall be created and maintained to keep track of all such orders.

V. PUBLICATION

All Administrative Orders shall be published in the following fashion:

  1. The Administrative Order shall be sent to all Clerks of Court.
  2. The Administrative Order shall be forwarded to the chairs of the criminal and civil rules advisory committees, who shall be responsible for circulating them to other appropriate advisory committees.
  3. The Administrative Order shall be placed on the Judicial Branch web page.
  4. Electronic copies will be sent to all state court judges, the State Court Administrator, and appropriate administrative staff.

VI. REVIEW AND WITHDRAWAL OF ADMINISTRATIVE ORDERS

With the assistance of the State Court Administrator, the Chief Justice and the Trial Court Chiefs shall periodically review all Administrative Orders to determine whether the orders are current and in effect. If the Supreme Judicial Court, on the recommendation of the Trial Court Chiefs, determines that an Administrative Order is no longer necessary, the Court shall declare that the order is no longer in effect. The Administrative Office of the Courts will remove the Order from the list of active orders and will notify those who receive notice of the publication of new or revised orders.

For the Court,

Leigh I. Saufley,Chief Justice

Promulgation Date: September 19, 2011


HISTORICAL DERIVATION:

Protocol For Issuance, Distribution, And Publication Of Administrative Orders
AO JB-05-2, dated June 29, 2005, effective August 1, 2005
Signed by: Leigh I. Saufley, Chief Justice, Maine Supreme Judicial Court