On July 31, the anticipated starting date for Phase 5 was changed to October 19, 2020 due to the anticipated inability of the Judicial Branch to effectively conduct jury trials in September while satisfying current CDC health and safety requirements.
The Judicial Branch continues its efforts to formulate plans for the conduct of jury trials, but it is clear that existing resources and facilities will not be satisfactory during the month of September. The Supreme Judicial Court has approved two or more pilot plan jury trials to take place during the month of September at the Capital Judicial Center and the Penobscot Judicial Center for the purposes of studying the unique needs and processes for jury trials during the COVID era. The Chief Justice of the Superior Court will supervise the planning and execution of the pilot projects.
On August 28, the anticipated starting date for Phase 5 was changed to November 9, 2020, due to the time required to evaluate the pilot jury trials conducted in September, to establish standard procedures, and to allow sufficient lead time for planning and preparation for jury trials in November.
Required Conditions for Phase 5 (and until further notice)
Entry screening to enforce the Judicial Branch Visitor Restrictions set forth in the Judicial Branch Notice dated April 8, 2020, must be available at the courthouse at all times that the courthouse is open to the public. See Appendix A.
Any person entering the courthouse must wear a cloth face covering that covers the nose and mouth at all times while in the courthouse pursuant to PMO-SJC-1. Hand sanitizer will be available at entrances and exits and must be used upon entering and exiting the building, and upon reentering the building after exiting.
No more than 50 people may be present in any room or common area at any one time; social distancing requirements may further reduce maximum capacity limits in specific locations. Social distancing measures employed in each courthouse must be observed at all times. To the extent possible, court events will be scheduled at staggered times to prevent large numbers of people from entering and exiting a courthouse at any given time.
Adequate staff and technology resources and adequate personal protective equipment must be available at the courthouse.
No person in custody will be permitted to enter the courthouse except in compliance with standard entry screening limitations and express prior arrangements or memorandum of understanding with the custodial facility that will adequately protect the public, courthouse staff, and the incarcerated person from infection.
New conditions did not arise during the fourteen weeks of Phase 4 that require additional restrictions. Attributes of Phase 5 when Required Conditions are Satisfied
Courts will be open to the public from 8:00 a.m. to 4:00 p.m.
Jury trials may be scheduled and held. Capacity controls will be adjusted to accommodate the special requirements for jury trials.
Grand jury proceedings may be scheduled and held in person at courthouses. Capacity controls will be adjusted to accommodate the special requirements for grand jury proceedings.
The following case types and proceedings may be scheduled or heard, pending the establishment of standard procedures for addressing them: Disclosures, Foreclosures, Small claims, Land Use Violations (M.R. Civ. P. 80K)
Court proceedings are subject to PMO-SJC-7, which establishes remote video or telephone hearings as the presumptive format for all but specifically excepted case types.
All oral arguments scheduled before the Supreme Judicial Court, sitting as the Law Court, will be conducted by video conferencing until further notice by the Court.
PHASE 4 Anticipated for August 3 – November 6 (fourteen weeks)
Required Conditions for Phase 4
Entry screening to enforce the Judicial Branch Visitor Restrictions set forth in the Judicial Branch Notice dated April 8, 2020, must be available at the courthouse at all times that the courthouse is open to the public.
Any person entering the courthouse must wear a cloth face covering that covers the nose and mouth at all times while in the courthouse pursuant to PMO-SJC-1. Hand sanitizer will be available at entrances and exits and must be used upon entering and exiting the building, and upon reentering the building after exiting.
No more than 50 people may be present in any room or common area at any one time; social distancing requirements may further reduce maximum capacity limits in specific locations. Social distancing measures employed in each courthouse must be observed at all times. To the extent possible, court events will be scheduled at staggered times to prevent large numbers of people from entering and exiting a courthouse at any given time.
Adequate staff and technology resources and adequate personal protective equipment must be available at the courthouse.
No person in custody will be permitted to enter the courthouse except in compliance with standard entry screening limitations and express prior arrangements or memorandum of understanding with the custodial facility that will adequately protect the public, courthouse staff, and the incarcerated person from infection.
New conditions did not arise during the four weeks of Phase 3 that require additional restrictions. Attributes of Phase 4 when Required Conditions are Satisfied.
Due to the extensive efforts necessary to resume FED (eviction, landlord/tenant) cases during Phase 4, the following case types and proceedings will NOT be scheduled or heard: Disclosures, Foreclosures, Small claims, Land Use Violations 80(K) The court will continue to review its readiness to address these case types during Phase 4 and will issue updates as docket conditions evolve.
In any matter that is not being scheduled or heard during this phase of the pandemic management, a request can be made for the scheduling of the matter as set forth in PMO-SJC-1.
No jury trials will be scheduled or held.
Grand jury proceedings may be scheduled and held in person at courthouses. Capacity controls will be adjusted to accommodate the special requirements for grand jury proceedings.
Court proceedings are subject to PMO-SJC-7, which establishes remote video or telephone hearings as the presumptive format for all but specifically excepted case types.
All oral arguments scheduled before the Supreme Judicial Court, sitting as the Law Court, will be conducted by video conferencing until further notice by the Court.
“Effective immediately, and continuing through May 1, 2020, with the exception of the events listed below, all in-person court events for family, civil, and criminal dockets are postponed. [1]
The courts will schedule and hear only the following:
Arraignments and first appearances of defendants held in custody
Motions for review of bail
Juvenile detention hearings
Protection from Abuse requests and hearings
Protection from Harassment requests and hearings
Child Protection petitions and hearings
Mental health requests and hearings
Hearings granted on motion
This means that no criminal or civil jury trials will be heard in the Maine State Courts until after May 1, 2020, unless otherwise ordered by the court.
No grand jury proceedings will be held. All previously-scheduled cases are postponed. Any trials in progress may be completed.”
Mann Law is committed to the safety of our clients and the public.
Please do not hesitate to contact our law firm at 207-560-8922 for any questions regarding your case, the Maine courts, or the state of the judicial system as it currently stands.
Our firm will comply with recommendations and are prepared to hold meetings via phone, email or video conferencing as necessary.
You can find more information about the Coronavirus and how to enact preventative measures for yourself, friends, family, and business at the site of the US Centers for Disease Control.
