Latest news with #MaineSupremeJudicialCourt
Yahoo
6 days ago
- General
- Yahoo
Could a new appeal prompt Maine's supreme court to reconsider its decision on decades-old child sex abuse cases?
May 29—Sexual abuse survivors in Maine are hoping a new appeal — and a new justice — will tip the scales in their favor, as the state's highest court considers yet again whether people should be able to sue for decades-old claims. Earlier this year, 70-year-old George Eaton of Washington County won a lawsuit against Peter Boyce, 81, who Eaton said sexually abused him in the early 1970s. Eaton won by default because Boyce didn't respond to the complaint, according to court records. Boyce was ordered to pay Eaton $1.1 million on Feb. 26 — a month after the Maine Supreme Judicial Court overturned the 2021 law that made Eaton's lawsuit possible by "reviving" claims previously barred. Maine eliminated its statute of limitations for new claims in 2000, but until the 2021 law change people still couldn't sue for abuse that happened before 1987, Boyce, who now has an attorney, appealed that decision. Now, the same court that overturned the law will be asked to consider the issue again — but with one new justice confirmed in March and two justices who signed a dissenting opinion, some advocates hope the outcome will be different. Eaton's lawyer, Michael Bigos, declined to comment on the case. Boyce's attorney, Jed Davis, did not respond to requests Thursday to discuss the appeal and allegations against his client. Bigos represents more than a dozen people who sued the Roman Catholic Diocese of Portland after the 2021 law passed, and whose cases were at the center of the court's decision. He and Timothy Kenlan said in February that their firm was representing at least 100 people whose claims were made possible by the overturned law, although not everyone had filed a complaint in court. The lawyers asked the high court a couple of weeks after the ruling to reconsider. Bigos recently told lawmakers that request was summarily denied. He told the Legislature's Judiciary Committee that he hopes this appeal will end differently. He cited the court's new composition and the arguments made by the dissenting justices, who "raised issues that we believe are unsolved." He said the court's majority opinion overlooked Mainers' rights to substantive due process under the state constitution, instead favoring principles dating to the 1600s "as a rationale for the majority to declare this unconstitutional." He was testifying on LD 1978, which would allow people to sue governmental entities whose employees sexually abused them as children. (Such employers, including public schools and law enforcement agencies, are immune from most lawsuits. There is no exception for child sexual abuse.) Rep. Ellie Sato, D-Gorham, noticed that the bill would eliminate a statute of limitation for those claims even after the supreme court's ruling in January. "How is this language different from that language, to make sure that the Law Court doesn't strike it down again?" Sato asked. Bigos said he believes the Legislature still has the right to pass laws that serve their constituents. "It is this practitioner's belief, and many others,' that the Maine judiciary exceeded its authority by impinging on the legislative authority, by declaring that (2021 law) unconstitutional," Bigos said. DEFAULT JUDGMENT Bigos and Davis have until later this summer to file briefs with the court outlining their arguments. In his civil complaint, Eaton said Boyce abused him around July 1970, when Eaton was 15 years old. He said Boyce had hired him to do odd jobs around his workplace at Johnson Bay Marine, according to the complaint. Over the following year, Eaton said he was abused several times in Boyce's home, workplace and on a trip to New York, often after being given alcohol. Eaton said he cut contact with Boyce in 1971 and told his parents what had happened. Now, more than 50 years later, Eaton said he still struggles with the trauma, the shame and betrayal. In awarding damages to Eaton, Superior Court Justice Harold L. Stewart quoted a psychological expert who testified on Eaton's behalf during a hearing Feb. 5, who said Eaton has difficulty trusting others and still experiences a constant "fear of the world." The expert said it's likely Eaton's medical costs for therapy and other treatment will exceed $100,000 in the next 15 years. Stewart wrote on Feb. 26 that he was aware of the high court's decision, but that it's the defendant's responsibility to raise the issue of a statute of limitations. This defendant never responded to the complaint against him. "The incident in this case occurred in 1970," Stewart wrote. "Plaintiff has lived with the effects and trauma of the sexual abuse committed by Defendant for 55 years." Copy the Story Link We believe it's important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It's a form of open discourse that can be useful to our community, public officials, journalists and others. We do not enable comments on everything — exceptions include most crime stories, and coverage involving personal tragedy or sensitive issues that invite personal attacks instead of thoughtful discussion. You can read more here about our commenting policy and terms of use. More information is also found on our FAQs. Show less
Yahoo
13-05-2025
- Politics
- Yahoo
Maine judge won't wait for supreme court to start releasing people from jail
May 13—A Maine judge says she will not wait for the state supreme court to rule on an appeal before she moves forward with releasing people from jail and dropping charges against those who have unconstitutionally gone too long without a lawyer. In doing so, Superior Court Justice Michaela Murphy said the state would have one more week to find jailed defendants a lawyer before they get released. Murphy wrote in her order this month that she plans to resume the process soon, but no date was scheduled with the Kennebec County Superior Court, where the case is being heard, as of Tuesday morning. Murphy ruled in January that the state's public defense agency is violating the Sixth Amendment by not providing Mainers with criminal charges with continuous legal representation. She announced in March that she intended to start holding a series of hearings in April to identify and release anyone who has waited more than two weeks without a lawyer. She also planned to dismiss charges against defendants who had waited more than 60 days for a lawyer. Once released, they would still be on strict bail conditions. Any charges dropped could be filed again once a lawyer is available, Murphy said. Advocates for domestic violence survivors and other crime victims have shared their concerns with this latest development, saying it puts many at risk. A lawyer for the state urged Murphy to wait for the Maine Supreme Judicial Court's opinion on more procedural grounds, arguing that Murphy was using the wrong legal procedure for this kind of a case. Murphy's hearings will follow the "writ of habeas corpus" process. Habeas cases are typically filed on behalf of individual defendants who say they're being jailed illegally — in this case, the law's application would be unprecedented because it will potentially provide habeas relief to a large, yet-to-be-determined number of people, all at once. "Where a writ has been granted, the purpose of habeas corpus — to swiftly secure the liberty of a person wrongfully detained — would be defeated if the delays resulting from an appeal could pause the discharge of a wrongfully detained person," Murphy wrote in her most recent order. The ruling results from a lawsuit the American Civil Liberties Union of Maine first filed against the state's indigent defense system in 2022, which has been amended several times to account for a growing crisis of people who are entitled to a lawyer but don't have them. An emergency law recently took effect, allowing the state to hire more public defenders and judges to appoint more private attorneys to cases that need them. "This order shows the court recognizes the urgency of this crisis because no person should be incarcerated or dragged through months of criminal legal proceedings without an attorney," said ACLU of Maine Legal Director Carol Garvan in a statement. "The court's decision underscores the importance of habeas corpus protections, which entitle people to a speedy process to challenge unlawful restraints on their liberty. Any time the state chooses to restrict a person's freedom, it is the state's responsibility to ensure a fair and speedy process. That constitutional requirement cannot be indefinitely put on hold because the state has filed an appeal." A spokesperson for the Office of the Maine Attorney General, which is representing the state and the Maine Commission on Public Defense Services, said they don't comment on pending litigation. This story will be updated. Copy the Story Link
Yahoo
20-04-2025
- Politics
- Yahoo
Timeline: Gender identity in Maine's Human Rights Act
Apr. 20—2005: Maine state lawmakers approve a bill sponsored by Democratic Gov. John Baldacci to prohibit discrimination under the Maine Human Rights Act based on sexual orientation. Gender identity is included within the definition: "Sexual orientation means a person's actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression." Later that year, voters upheld the new antidiscrimination law by rejecting a people's veto attempt, 55% to 45%. 2013: The Maine Principals' Association adopts a policy allowing transgender athletes to participate in school sports consistent with their gender identities, establishing a waiver process that included a hearing before a Gender Identity Equity Committee. 2014: Citing the Maine Human Rights Act, the Maine Supreme Judicial Court rules that a school district in Orono discriminated against a transgender student by not allowing her to use a restroom consistent with her gender identity. 2016: North Carolina passes a bathroom ban, saying that people could only use bathrooms consistent with their sex assigned at birth. The bill sparked national outrage and boycotts. The restriction was repealed the following year. 2019: Maine lawmakers remove gender identity from the definition of sexual orientation and give it its own, distinct definition in the Maine Human Rights Act. "Gender identity means the gender-related identity, appearance, mannerisms or other gender-related characteristics of an individual, regardless of the individual's assigned sex at birth." 2021: Lawmakers change the Maine Human Rights Act to expressly prohibit discrimination based on gender identity in the policy statement of the law. 2024: The Maine Principals' Association changes its rules to no longer require transgender athletes to go through a waiver process, which advocates said was unnecessarily intrusive. The updated rule allows transgender athletes to declare with their local district that they want to participate, and local school administrations make the final decision on access. Copy the Story Link We believe it's important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It's a form of open discourse that can be useful to our community, public officials, journalists and others. We do not enable comments on everything — exceptions include most crime stories, and coverage involving personal tragedy or sensitive issues that invite personal attacks instead of thoughtful discussion. You can read more here about our commenting policy and terms of use. More information is also found on our FAQs. Show less
Yahoo
11-04-2025
- Business
- Yahoo
Maine's high court upholds Kingfish aquaculture permit for Jonesport
Apr. 11—A controversial plan to build a $110 million aquaculture facility in Jonesport can proceed, the Maine Supreme Judicial Court ruled. The court on Thursday upheld a previous ruling by the Kennebec County Superior Court, which affirmed permits issued by the Maine Department of Environmental Protection to Kingfish Maine in 2021. The company plans to build an aquaculture facility on 93 acres of land near Chandler Bay. The project was first brought to the community in 2019, the Kingfish Company's global headquarters said in a written statement. It has faced strong opposition from environmental groups in the years since. Vincent Erenst, Kingfish's chief executive, called the decision "a win for Maine and the United States with regard to seafood production" in a written statement Friday. Opponents of the Kingfish operation have charged that wastewater from the facility could pollute the nearby Chandler Bay and trigger algae blooms toxic to wildlife. They also challenged whether Kingfish could even use the land, which is permitted for aquaculture but not commercial and industrial uses. Petitioners who brought the appeal, including the Eastern Maine Conservation Initiative and Roque Island Gardner Homestead Corporation, argued that the Board of Environmental Protection did not consider the full scope of evidence before issuing permits based on the Natural Resources Protection Act. "We disagree and affirm the judgment," the high court wrote in its decision. The project is one of several high-profile aquaculture proposals to have faced pushback from Mainers in recent years. In January, the company behind a proposed $500 million development in Belfast dropped the project, citing legal challenges, and was later ordered to pay $125,000 to the advocacy group that fought the project. But the outlook for Kingfish appeared more secure than other proposals. Even as the appeals process ticked forward, the company received an additional $4 million from the state last year and expressed confidence that it would soon break ground. Kingfish estimates that once completed the new facility will be able to produce 8,500 metric tons of yellowtail, reducing U.S. reliance on foreign imports, the company said. Kingfish has previously stated that it will bring 70 to 100 jobs to the area. Last year, Kingfish said it planned to break ground in 2025. But in his statement Friday, Erenst did not offer an update on when that would take place. He said the project's timeline had been significantly delayed by the court battles, and it's no longer clear when the facility will open. "Now, with the appeals behind us, the project timeline will be determined by current economic and financial conditions, which we are assessing at this time," Erenst said. Copy the Story Link
Yahoo
28-02-2025
- Politics
- Yahoo
Superior court justice nominated to Maine Supreme Judicial Court
Feb. 28—Gov. Janet Mills announced Friday that she had nominated Julia Lipez, a superior court justice in Augusta, to serve on the Maine Supreme Judicial Court. The nomination comes days after Chief Justice Valerie Stanfill said in her annual State of the Judiciary address that the judicial branch is struggling with vacancies, including a spot on the high court that has been open for more than a year. A spokesperson for Mills said after the address that she planned to proceed with an appointment as soon as possible. Lipez, of Cape Elizabeth, has served on the Maine Superior Court since 2022 and was previously an assistant U.S. Attorney for Maine. "I am delighted to nominate Justice Julia Lipez to the Maine Supreme Judicial Court," Mills said in a statement. "Throughout her service to Maine people — first as an Assistant U.S. Attorney and presently as a Justice of the Maine Superior Court — Justice Lipez has earned deep respect for her fairness, intellect, and commitment to the rule of law. Maine is lucky to have a jurist of Justice Lipez's caliber as a nominee for the Supreme Judicial Court." Lipez was nominated last year by President Biden to the 1st U.S. Circuit Court of Appeals in Boston, but was one of four appellate nominees that senators agreed not to confirm as part of a deal between Democrats and Republicans so they could quickly confirm other nominees before the change in administration. Prior to becoming a superior court justice, Lipez worked as an assistant U.S. Attorney from 2011-2022, leading prosecutions of human trafficking, child exploitation, fraud, narcotics and violent crimes, according to Mills' office. She was promoted to chief of the appellate division of the U.S. Attorney Office in Maine in 2019. A graduate of Stanford Law School, Lipez also worked as a private lawyer at Wilmer Cutler Pickering Hale and Dorr LLP in New York. She also clerked for a federal appellate judge in New York in 2006, after receiving her law degree from Stanford Law School. Lipez said she is "deeply honored" by Mills' nomination. "If confirmed, I will serve the people of Maine as I have throughout my career in law and public service — with a commitment to fairness and justice and equality before the law," she said in a statement. Last year, Joseph Jabar, a longtime justice for the state's highest court said he was passed over for reappointment by the governor. He was first appointed to the court in 2009 and reappointed by then-Gov. Paul LePage, who later accused Jabar of reneging on an agreement to retire after he reached 20 years of legislative and judicial service. Jabar said in an interview last year that he had expressed interest in another seven-year term, but was told by legal counsel for Mills that the administration wanted to diversify the court. He has since returned to private practice in Waterville. Mills also announced nominations for the Maine Superior Court and Maine District Court. Darcie McElwee of Scarborough, who this month was terminated from her role as Maine's U.S. attorney by the Trump administration, was nominated for justice for the superior court. Amy Dieterich of Auburn, a practicing attorney for 16 years, was nominated to be a judge for Maine District Court. Judge Matthew Tice was nominated for reappointment to the Maine District Court, where he has served since 2018. Prior to that appointment, he was an assistant district attorney in Cumberland County for more than two decades. All of the nominations will be reviewed by the legislature's Judiciary Committee and confirmed by the Maine Senate. After the confirmation process, the judicial branch will determine the areas that each nominee will serve. Copy the Story Link
