Terms Used In Maine Revised Statutes Title 4 Sec. 161

  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
The Chief Judge of the District Court may authorize any attorney-at-law, who is duly licensed to practice law in the State, to receive complaints and to issue process for the arrest of persons charged with offenses, to issue search warrants and to endorse certificates of commitment of the mentally ill, all in accordance with law, and to perform all other such acts and duties that are or may be authorized by law. The powers to issue process for the arrest of persons charged with offenses and to issue search warrants extend to offenses subject to the exclusive jurisdiction of the Passamaquoddy Tribe or the Penobscot Nation under the terms of Title 30, section 6209?A or 6209?B. That attorney may be known as a justice of the peace. [PL 1995, c. 388, §1 (AMD); PL 1995, c. 388, §8 (AFF).]
The justice of the peace shall serve at the pleasure of the Chief Judge of the District Court, but no term for which a justice of the peace is appointed may exceed 5 years. [PL 1987, c. 736, §3 (AMD).]
The justice of the peace shall receive such salary as shall be determined by the Chief Judge and paid as an expense of the District Court. [PL 1987, c. 736, §3 (AMD).]
The Chief Judge of the District Court may also authorize any clerk or deputy clerk of the District Court to issue process for the arrest of persons charged with offenses if the Chief Judge is satisfied that the clerk or deputy clerk has the necessary training and learning to perform that function. When acting in that capacity, the clerk or deputy clerk shall be considered a justice of the peace and shall serve at the pleasure of the Chief Judge. [PL 1987, c. 736, §3 (NEW).]
SECTION HISTORY

PL 1967, c. 420 (AMD). PL 1967, c. 434, §1 (AMD). PL 1973, c. 216 (RPR). PL 1985, c. 737, §A12 (AMD). PL 1987, c. 736, §3 (AMD). PL 1991, c. 484, §1 (AMD). PL 1995, c. 388, §1 (AMD). PL 1995, c. 388, §8 (AFF).