Ketterer, Andrew

English

University of Maine

Maine Policy ReviewVolume 11 | Issue 12002Improving Maine’s Justice System: A SignificantEffort in Progress: IntroductionAndrew KettererFollow this and additional works at: https://digitalcommons.library.umaine.edu/mprPart of the Courts Commons, and the Jurisprudence CommonsThis Article is brought to you for free and open access by DigitalCommons@UMaine.Recommended CitationKetterer, Andrew. "Improving Maine’s Justice System: A Significant Effort in Progress: Introduction." Maine Policy Review 11.1 (2002) :26 -27, https://digitalcommons.library.umaine.edu/mpr/vol11/iss1/5.26 ·  MAINE POLICY REVIEW  ·  Spring 2002 View current & previous issues of MPR at: www.umaine.edu/mcsc/mpr.htmSYMPOSIUM ON JUDICAL REFORMIntroductionBy Andrew KettererThis edition of Maine Policy Reviewturns a welcome spotlight on theseparate and equal branch of governmentthat is, arguably, the least understood andappreciated by Maine citizens—the judi-ciary. While the executive and legislativebranches of government often bask in theattention given them by the media andcitizenry in general, the judicial branchtoils in relative obscurity. Among the reasons for this is that the chief executive of our state, thegovernor, as well as members of theHouse and Senate, are popularly elected.With the act of going to the polls everyfour and two years, respectively, Mainecitizens engage in the sort of free andparticipatory government upon which thiscountry was founded. Members of the bench, with theexception of part-time county judges of Probate, are not elected in Maine, but appointed. While the average citizeninstantly recognizes the impact a governoror legislative act can have on his or herlife, the same cannot be said as to theimpact of a court decision. Many peoplethink of the judiciary simply in terms ofcourt actions involving them directly as aparty, without giving consideration to theoverriding social impact the courts haveon all of us. Yet who among us would argue thatthe United States Supreme Court, throughits rulings, has not affected our privacyrights, reproductive rights, or the rights of those accused of crimes to a fair trial?Likewise, who would question the effectsthat such suits as the multistate actionsagainst the tobacco companies orMicrosoft Corporation have had on theway business is conducted in this country?This lack of appreciation for, and under-standing of, the potentially overriding rolein our lives of both the state and federaljudiciary, has, all to often, led to reducedor level funding for the judicial branch,thus negatively impacting all of us. We have all heard the expression,“justice delayed is justice denied.” Justicedelayed can take many forms rangingfrom the inability to have a civil trialscheduled in a timely manner to a failureto implement innovations proven to besuccessful in other jurisdictions, or theinability to compensate an attorney forpursuing a civil matter. The articles in thisedition of Maine Policy Review show howmembers of the judicial branch of govern-ment, including judges, lawyers and courtadministrative staff, have worked togetherto turn “justice delayed” into “justicetoday,” and “justice denied” into “justicefor all.” The first article by Senior UnitedStates Circuit Judge of the First CircuitCourt of Appeals Frank M. Coffin drawsout the common theme presented by current reform efforts in Maine. JudgeCoffin observes that today’s “re-form”efforts are driven by “a new awareness of the importance of making our justicesystem user-friendly.” With minimalresources, judges, lawyers and litigants areseeking new ways to deal with ascendantproblems and to widen access to thecourts. They reflect Maine’s civic culture at its best. Maine Law Court Associate JusticeJon D. Levy describes how the implemen-tation of drug courts in Maine has led to a profound change in how the courtsystem treats those accused of drugcrimes. As Justice Levy explains, judges in drug courts “concern themselves withIMPROVINGMAINE’SJUSTICESYSTEM: ASIGNIFICANTEFFORT INPROGRESSS Y M P O S I U MView current & previous issues of MPR at: www.umaine.edu/mcsc/mpr.htm Spring 2002 ·  MAINE POLICY REVIEW  ·  27SYMPOSIUM ON JUDICAL REFORMwhether the offender has maintainedsobriety, become employed, gained his orher GED, obtained a job, paid childsupport, and numerous other issues associ-ated with measuring the offender’s post-sentence experience. Success is not merelywhether the state achieved a convictionand imposed a punishment, but alsowhether the sentence successfully targetedthe offender’s personal risk factors associ-ated with recidivism.” You will learn how steps have beentaken to alleviate the delay incurred inbringing civil cases to final resolution.Maine Superior Court Chief Justice NancyMills brings our attention to two develop-ments that are worthy of note for tworeasons: first, they have been successful inexpediting the administration of justice,and second, they have been implementedwith no additional cost to the state. Bothdevelopments have occurred within thecontext of the Single Justice Assignmentthat was begun in Cumberland CountySuperior Court in 1993. Under thisconcept, all civil actions are speciallyassigned to one of the Superior Courtjustices involved in the project. By elimi-nating the learning curve required when anew justice picks up the file of an existingcase, the period of time from initiation ofsuit to final resolution is reduced. Thesecond development noted by Justice Millsconsists of having those justices involvedin the project preside over settlementconferences in civil cases not assigned tothem. By encouraging settlement prior totrial, both time and court resources aresaved, while the parties stand to achievetimely resolution to their conflict. District Court Judge John DavidKennedy and Family Division DirectorWendy Rau detail the aspect of Maine’scourt system that many Maine residentsknow all to well—the recently conceivedFamily Division of the Maine DistrictCourt. Expediting the process in divorceand other family law matters has easedthe often wrenching process of obtaininga divorce in Maine. In family law mattersespecially, justice delayed meant justicedenied not only for litigants, but the innocent bystanders in a divorceproceeding—the parties’ children.Detailing the administrative and legislativeactions that led to its creation, Kennedyand Rau show how the utilization ofcase management conferences and casemanagement officers (CMO) has, evenwhen the limitations on the CMO’sauthority are taken into account, made the process move more smoothly. Finally, those who have the greatestexposure to delayed and denied justice areMaine’s elderly and other vulnerablemembers of our state. As Calien Lewisreminds us, the Maine Constitution guar-antees to every citizen that “right andjustice shall be administered freely andwithout sale, completely and withoutdenial, promptly and without delay,” (Art.1 19). Unfortunately, for too many Mainecitizens access to the courthouse in civilcases has been blocked for lack of funds.While those accused of crimes are guaran-teed court-appointed counsel, thoseseeking civil remedies are not. CalienLewis leads us on the long and oftentortured history of the efforts of volun-teers, mostly members of the Maine Bar,to bring home to all Maine citizens thepromise of access to justice for all. As you read the articles making upthis symposium, I trust that you willdevelop a renewed appreciation for thejudicial branch of Maine government.Those who strive on a daily basis toassure within our courts fairness and efficiency, and equal justice under lawdeserve our heartfelt thanks.  Andrew Ketterergraduated magnacum laude fromConnecticut Collegein 1971 and earned a JurisDoctorate degreefrom NortheasternUniversity School of Law in 1974. He was elected to two terms in the MaineHouse of Representatives and was elected to three terms as Maine’s Attorney General. He is immediate past president of the NationalAssociation of Attorneys General. In January2001 he returned to the private practice of law in Norridgewock, Maine.S Y M P O S I U M

Improving Maine’s Justice System: A Significant Effort in Progress: Introduction

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Improving Maine’s Justice System: A Significant Effort in Progress: Introduction

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