§2. Appointment of additional justices
Whenever the Chief Justice of the Supreme Judicial Court or, in the event of the Chief Justice's disability, any associate justice thereof has reason to believe that any Justice of the Supreme Judicial or Superior Court is totally and permanently disabled by reason of physical or mental incapacity and because thereof is unable to perform the duties of the office, the Chief Justice or associate justice shall cause a commission of 3 competent disinterested members of the medical profession to make due inquiry and examination into the facts and report the results of the inquiry to the Supreme Judicial Court. Upon receiving the report, the Chief Justice or associate justice shall call a meeting of the Supreme Judicial Court and submit to it the report of the medical commission. The court shall, based on the report and other evidence they may consider necessary, if any, determine the facts. If the court finds that the Justice of the Supreme Judicial or Superior Court is permanently and totally disabled by reason of physical or mental incapacity and because of the disability is unable to perform the duties of the office, the Chief Justice shall certify that fact to the Governor. Upon receipt of a certificate from the court, the Governor shall make due inquiry into the matter and, if the Governor confirms the finding of the court, the Governor shall appoint an additional Justice of the Supreme Judicial or Superior Court, as the case may be. [PL 2019, c. 475, §33 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §16 (AMD). PL 1979, c. 127, §6 (AMD). PL 2019, c. 475, §33 (AMD).
Structure Maine Revised Statutes
Chapter 1: SUPREME JUDICIAL COURT
Subchapter 1: CONSTITUTION AND GENERAL JURISDICTION
4 §1. Constitution of the court; administrative responsibilities of the court and the Chief Justice
4 §2. Appointment of additional justices
4 §2-A. Justice of the Supreme Judicial Court to sit in District Court
4 §3. When vacancies shall not be filled
4 §4. Salary of justices; expenses
4 §5. Compensation of justices upon retirement (REPEALED)
4 §6-A. Active Retired Justice of Supreme Judicial Court to sit in Superior Court
4 §6-B. Per diem compensation for Active Retired Justices of the Supreme Judicial Court
4 §7. General jurisdiction; control of records
4 §8. Power to prescribe general rules
4 §8-A. Rules on courts records and unclaimed property
4 §8-B. Rules governing nondisclosure of certain identifying information
4 §8-C. Rules concerning electronic records and filing
4 §9. Power to prescribe rules in criminal cases
4 §9-A. Power to prescribe rules of evidence
4 §9-B. Committee on judicial responsibility and disability
4 §9-C. Court records accessible by the public only at the courthouse
4 §10. Facsimile signature of clerk
4 §10-A. Annual training; domestic violence and child abuse issues