I. Introduction: Access rights in the jurisdiction

Overview

Maine

The Maine Supreme Judicial Court made clear that media access to courtrooms – and by extension court records – is the exclusive prerogative of the courts. “[M]edia access to courtrooms is within the judicial power committed to this Court by the Maine Constitution.” Direct Letter of Address, In Re Chapt. 515, Public Laws of 1985, slip op. (April 25, 1986) at 2. “[T]he people of Maine conferred all of the judicial power upon the judicial department and left none to be exercised by the Legislature, except in cases of impeachment.” Id. at 5. “Thus within its power, the judiciary acts with exclusive authority, and any attempt by the Legislature to exercise judicial power constitutes an invasion of the province of the judiciary in violation of article III of the constitution.” Id.

The Court made these pronouncements in an extraordinary Direct Letter of Address issued in 1986 by the Justices of the Supreme Judicial Court to the Governor, the President of the Senate, and the Speaker of the House. The Court informed the Legislative and Executive Branches of government that a newly enacted statute requiring that the courts promulgate rules allowing cameras into the courtroom would be an unconstitutional violation of the separation of powers. Id. at 7.

As a result, Maine’s broad public records and public meetings law, the Freedom of Access Act, 1 M.R.S.A. § 401 et seq., almost certainly does not apply to the Judicial Branch – even though the issue is not actually mentioned in the Direct Letter of Address.

Given the Court’s sweeping statement of its own authority in the Direct Letter of Address, the Legislature’s authority to regulate any matters relating to access to courtrooms and court records is questionable. Nonetheless, the Supreme Judicial Court has referred to and been willing to follow state statutes purporting to restrict access to certain judicial proceedings, most notably juvenile court proceedings. In re. Bailey M., 2002 ME 12, ¶ 15, 788 A.2d 590. It is less than clear why the Legislature has the right to close courtrooms when it comes to juvenile justice, but lacks the authority to open the courtroom when it comes to camera or electronic coverage.One explanation is that the parties did not raise a separation of powers argument. Another is that the Court took a dim view of the Legislature’s attempt to put cameras in the courtroom, but agreed with the policy of keeping juvenile proceedings confidential.

The Maine Supreme Judicial Court has signaled that it will look to federal precedent when interpreting constitutional and common-law rights of access. There are only a handful of Maine court decisions on the subject, making it difficult to discern a particular trend.

A good place to start in understanding practical day-to-day access to court proceedings and records in Maine is to review the Court’s administrative orders. Effective, May 1, 2009, the Court adopted Administrative Order JB-05-20 (A. 5-09) “Public Information and Confidentiality,” which governs the release of information. Effective February 27, 2009, the Court adopted Administrative Order JB-04-15 (A.2-09), “Cameras and Audio Recording in the Courtroom.”