Criminal Justice (Judges)

This bill amends the Maine Civil Rights Act to establish that unlawfully depriving someone of their personal liberty is a violation when a court issues a writ of habeas corpus. It creates a legal presumption that a person has been deprived of their liberty if a judge grants a writ of habeas corpus, making it easier to prove unlawful detention in civil cases. The legislation also clarifies that existing laws do not prevent individuals from seeking damages for false imprisonment or related harms connected to such writs. These changes primarily affect individuals who have been detained and subsequently released through court orders, as well as attorneys and courts handling civil rights claims involving unlawful detention.

LD 330 creates a 5-member advisory council to review Maine's Criminal Code and related statutes. The council will hire an outside legal consultant to identify obsolete provisions, clarify confusing language, eliminate inconsistencies and redundancies, and reorganize the criminal code. The council members include a prosecuting attorney, defense attorney, legal educator, retired judge, and the Attorney General (who chairs it). All council decisions require unanimous agreement, and they must submit a report with recommendations by February 1, 2026, to the Criminal Justice Committee. This resolution itself does not change laws but sets up a process for potential future legislative revisions.

This bill establishes a Commission on Judicial Conduct to formally review complaints about judges' behavior in Maine. The commission, composed of 9 members (including judges, attorneys, and public members), will investigate allegations of misconduct or disability affecting judicial performance for judges in all Maine courts (Supreme, Superior, District, and Probate), including retired judges. It will make recommendations to the Supreme Judicial Court but cannot impose discipline itself. Most complaints must be filed within one year of the incident, unless there is a pattern of conduct or the commission determines good cause for exceptions.