Maine Supreme Judicial Court

Maine Supreme Judicial Court
Map
43°39′33″N 70°15′13″W / 43.659245°N 70.253701°W / 43.659245; -70.253701
Established1820
LocationVaries; primarily Portland, Maine
Coordinates43°39′33″N 70°15′13″W / 43.659245°N 70.253701°W / 43.659245; -70.253701
Authorized byMaine Constitution
Appeals toSupreme Court of the United States
Number of positions7
Websitehttps://www.courts.maine.gov/courts/sjc/index.html
Chief Justice
CurrentlyValerie Stanfill
SinceJune 8, 2021
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The Maine Supreme Judicial Court is the highest court in the state of Maine's judicial system. It is composed of seven justices, who are appointed by the governor and confirmed by the Maine Senate. Between 1820 and 1839, justices served lifetime appointments with a mandatory retirement age of 70. Starting in 1839, justices have been appointed for seven-year terms, with no limit on the number of terms that they may serve nor a mandatory retirement age.[1][2][3]

Known as the Law Court when sitting as an appellate court, the Supreme Court's other functions include hearing appeals of sentences longer than one year of incarceration, overseeing admission to the bar and the conduct of its members, and promulgating rules for all the state's courts.[4]

The Maine Supreme Judicial Court is one of the few state supreme courts in the United States authorized to issue advisory opinions, which it does upon request by the governor or legislature, as set out in the Maine Constitution.[4]

It is also unusual for a state's highest appellate court in that its primary location is not that of the state's capital city, Augusta, partially because the Kennebec County Courthouse did not have a courtroom large enough for the Supreme Court's proceedings.[5] The court did meet there from 1830 until 1970, when it permanently moved to the Cumberland County Courthouse. The renovation of the Kennebec County Courthouse in 2015, which included expansion of the bench in its largest courtroom to permit all seven justices to sit there at the same time, has allowed the court to meet there at least twice a year. It will also continue to meet in Portland, Bangor, and at high schools around the state.[6] The new Judicial Center in Biddeford, scheduled to be completed in early 2023, will also contain a courtroom large enough to permit the court to sit there.

Maine Supreme Judicial Court, 1859-1862. Standing, from left to right: Daniel Goodenow, Richmond D. Rice, Woodbury Davis, and future Chief Justice John Appleton. Sitting, from left to right: Edward Kent, Seth May, Chief Justice John S. Tenney, and Jonas Cutting.

The MSJC is also authorized to rule on the fitness of the governor of Maine to serve in office, which it does upon the secretary of state certifying to the court that the governor is temporarily unable to carry out the duties of that office. The court must then hold a hearing and, if it agrees that the governor is unfit, declare the office of governor temporarily vacant and transfer its duties to the president of the Maine Senate, who would serve as acting governor. If the secretary of state later certifies to the Supreme Court that the governor is fit to resume office, the court would then decide whether it agrees.[7]

  1. ^ Constitution of 1820
  2. ^ Amendment to the constitution, 1839
  3. ^ Current constitution
  4. ^ a b "State of Maine Judicial Branch: Supreme Court". State of Maine Judicial Branch. 2011. Retrieved 2013-12-07.
  5. ^ "Talks continue on Kennebec courthouse parking area". Kennebec Journal. June 23, 2014. Retrieved June 23, 2014.
  6. ^ "Historic Kennebec County Courthouse in Augusta to host Maine Supreme Judicial Court again". Kennebec Journal. September 8, 2015. Retrieved September 8, 2015.
  7. ^ "What it takes to remove a governor from office". Kennebec Journal. August 26, 2016. Retrieved September 3, 2016.

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