Supreme Judicial Court of Maine.
January 1, 2003.
JB-00-03 (replaces SJC-323 amended) ADMINISTRATIVE ORDER SINGLE JUSTICE ASSIGNMENT OF CIVIL CASESI. Administrative Order.
Administrative Order #JB-00-03 establishing a process of specially assigning civil cases effective January 1, 2000 as amended effective January 1, 2001, is further amended effective January 1, 2003.
II. Individual assignment of Civil Cases.
The Superior Court continues to assign civil cases to individual Superior Court Justices in Androscoggin, Cumberland, Kennebec, Penobscot, and York Counties. In Somerset, Franklin, and Hancock counties, all pending civil matters and all new civil matters filed after January 1, 2003 will be assigned to an individual justice. Subsequent to that assignment, all matters pertaining to an assigned case will be handled by the designated justice, including the trial, except as stated in this order.
The Superior Court anticipates that this system of assignment will permit more effective management of civil cases by the participating justices and will eliminate or reduce the inefficiency that results from different justices dealing with a case from the time of filing to the ultimate disposition. The authorization of the assigned justice to exercise exclusive authority over any case is effective in Somerset, Franklin and Hancock counties on January 1, 2003.
The Chief Justice of the Superior Court will adjust judicial assignments to allow justices to devote appropriate time to the review and processing of assigned cases. Assigned justices will continue to carry criminal case responsibilities and, as part of the regular process of judicial assignments will be assigned to civil cases in counties where individual civil case assignments are not made.
II. Judicial Assignments.
A. Androscoggin County—Two justices appointed by the Chief Justiceof the Superior Court shall be responsible for all civil matters.
B. Cumberland County—Four justices appointed by the Chief Justiceof the Superior Court shall be responsible for all civil matters.
C. Franklin County—One justice appointed by the Chief Justiceof the Superior Court shall be responsible for all civil matters.
D. Hancock County—Two justices appointed by the Chief Justiceof the Superior Court shall be responsible for all civil matters.
E. Kennebec County—Two justices appointed by the Chief Justiceof the Superior Court shall be responsible for all civil matters.
F. Penobscot County—Two justices appointed by the Chief Justiceof the Superior Court shall be responsible for all civil matters.
G. Somerset County—One justice appointed by the Chief Justiceof the Superior Court shall be responsible for all civil matters.
H. York County—Two justice appointed by the Chief Justice of theSuperior Court shall be responsible for all civil matters.
III. Assignment of Cases.
A. New Cases. All cases shall be assigned by the clerk on a rotating basis to participating justices.
B. Time of Assignment of Newly filed Cases.
1. Jury and Non-jury Cases:
a. All jury and non-jury cases shall be assigned to a participating justice upon the issuance of a Scheduling Order pursuant to M. R. Civ. P. 16(a). The assigned justice shall sign the Scheduling Order.
b. Cases requiring special attention prior to the issuing of a Scheduling Order may be handled by any justice or be specially assigned by the Chief Justice on the recommendation of a participating or presiding justice, the clerk, or on motion of a party.
2. District Court and Administrative Appeals:
a. All appeals from the District Court and all 80B and 80C appeals shall be assigned to a participating justice upon the filing of the notice of appeal.
b. the clerk shall include the name of the assigned justice on the briefing schedule.
C. Filings.
1. All filings shall continue to be made with the clerk as required by the appropriate civil rules.
2. No original filings shall be made directly with the assigned justice.
3. Copies of pleadings shall not be filed with the assigned justice except on specific request.
IV. motion Days.
Civil motion days of participating justices shall include only motions related to cases assigned to that participating justice, except that motions filed prior to the issuing of a Scheduling Order may be heard by any justice; e.g., Motion for Attachment, Motion for TRO, etc.
V. Trial List.
A. Cases on jury and non-jury trial lists for a participating justice shall include only cases assigned to that participating justice except as noted below.
B. After the close of the discovery period and after a case is placed on the trial list, a participating justice may designate any case not reached for trial at a particular session as a “routine case” which may be placed on the next available trial list of any justice. this will permit the maximum opportunity for cases to be exposed to trial.
C. A “routine case” is one that has not required substantial judicial involvement for pretrial issues, does not involve complex or unusual legal issues or facts, and does not present any difficult scheduling issues.
D. The justice to whom a “routine case” is reassigned may require counsel to appear for a trial management or pretrial conference even if a conference has previously been held.
VI. Recusals.
If a participating justice recuses from an assigned case, the clerk will reallocate that case to the next participating justice in the rotation. The clerk will then take the next case to be assigned to that justice and assign it to the list of the justice who recused. If the single justice assignment for a county involves only one justice, any case from which that justice must recuse will be assigned to another Superior Court Justice.
VII. Consolidation and Severance.
A. Upon the filing of a Motion to Consolidate two or more cases that are assigned to two or more justices, the motion shall be heard by the justice assigned to the case in which the motion is filed.
B. If a Motion to Consolidate is granted, all consolidated cases will be assigned/reassigned to the justice responsible for the case which has been pending longest.
C. Whenever parties or claims are severed from a case, the severed matters shall continue to be handled by the justice assigned to the principal case. They are not to be reassigned even if new claims are asserted.
VIII. Clerks’ Offices.
A. Intra-office procedures for the processing of cases will be decided on a county by county basis after consultation with participating justices, the RCA, and the clerk.
B. the administrative clerk or associate civil clerk or a designee will be responsible for case assignment to the individual justices.
IX. Judicial Assignments.
A. Individual case assignment requires a reallocation of the responsibilities of justices.
B. In counties where more than one justice is present, justices assigned to the civil docket may be called upon to act in criminal cases.
C. In counties where more than one justice is present, justices assigned to criminal matters may be called upon to act on unassigned civil matters.
X. Duration of Assignments.
This Order for individual case assignment shall continue until terminated. The Chief Justice of the superior Court may conduct any appropriate review to study the effectiveness of the program or to make recommendations as to limiting or expanding individual case assignment.
Dated: January 27, 2003
Nancy Mills Chief Justice, Superior Court