For those of you that practice in the area of medical malpractice you should be aware of H.266 introduced yesterday. It’s a bill that would establish screening panels to review med mal claims upon filing. The bill bears reading; it can be found here.
The real property bar had a small victory this week when the Tax Department re-posted the fillable PTTR on its website. It’ll remain there and can be used until March 31st. Please attend our Mid Year Meeting for an important session on use of the ePTTR effective April 1st. on Tuesday next at 4:30 the Senate Economic development committee will set aside some time to address the licensed lender issues many of you have either had first hand experience with or are trying to understand. I do have a copy of a draft bill that is not on the legislature’s website yet as it has no bill number. I can send anyone a copy if you’d like to read it. Also, today, S. 77 was introduced by the Senate Natural Resources Committee; it would require private well testing as a condition of sale.
Really the main focus of this week for me has been on judicial retention. On Tuesday evening Justice Dooley, and Judges Wesley and Levitt appeared before the committee to support their retention and answer comments made in the legislative questionnaires. All judges use this process as a time of reflection on what they have accomplished and where they intend to go if retained for six more years. Justice Dooley spoke to the changes being made in the judicial branch and his increasing role in administration of the courts, including budgeting. He did point out that the supreme court has cut about one month off the time frame for releasing decisions in 5 judge cases. Approximately 50 to 55% of its caseload is, however, handled by 3 judge courts.
Judge Wesley responded to some criticism in the surveys that labeled him as “impatient”. He spoke at length of cases he’s seen that involved foreclosures. Judge Levitt had to respond to criticisms that she “prejudges cases”; that she is biased against criminal defendants; and that she is biased against men (in family cases). She readily admitted she could have handled a particular case differently. The night went quickly with no serious issues raised.
On Thursday night the first of two public hearings was held to give anyone the opportunity to speak to the committee about the candidates for retention. Last night the committee focused on the following: Judges Kupersmith, Keller, Levitt, Eaton, Rainville, Devine, and DiMauro. All were present except Judge Rainville. No comments were made about Judges DiMauro, and Devine; only passing comments of support for Levitt and Rainville. The focus of the night was the negative survey results of Judges Kupersmith and Keller and the 12 witnesses spoke to either or both of them. All were supportive of retention with one glaring exception: two pediatricians from FAHC accused Judge Keller of failing to protect a child victim of physical abuse. “He showed a lack of judgment in cases of abuse of children and puts kids’ lives at risk”, said the first doctor. The second witness presented the committee a letter opposing retention signed by 7 doctors; I haven’t asked to read the letter nor do I know much about the case or cases they were talking about.
The rest of the night was taken up by favorable testimony from lawyers and court staff; here’s a quick list. Dan Albert, Kurt Hughes, Jim Murdoch, court operations manager Barb Hungerford, victim services provider Ann Atkins and court officer Debbie Stevens supported Judge Keller. Superior Court Clerk Christine Brock supported Judge Kupersmith as did Maryanne Kampmann, Bud Allen, Superior Court Clerk Gaye Paquette; all also mentioned support for Judges Keller and a few added Judges Levitt and Rainville.
Thanks for reading; have a good weekend.
Update at 2:34:
H. 79- adult guardianship bill
After last Friday’s hearing at which Stephanie Willbanks explained the bill to the House Judiciary Committee some questions were raised by a VLA lawyer with the Disability law Project. Those questions were discussed and settled between VLA, Professor Willbanks and Probate Judges Belcher and Balivet. A few minutes ago Section Chair Devon Green, appeared before the committee to present a few amendments that arose from that discussion. The committee approved the bill on a straw vote and will have a member of the committee meet with and explain it to the House Human Services Committee next week; then they will take a vote and send it to the floor. The straw vote was unanimous, by the way.
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