Renee Legrand v. York County Judge of Probate

2017 ME 167, 168 A.3d 783, 2017 WL 3138211, 2017 Me. LEXIS 187
CourtSupreme Judicial Court of Maine
DecidedJuly 25, 2017
DocketDocket: Yor-16-194
StatusPublished
Cited by8 cases

This text of 2017 ME 167 (Renee Legrand v. York County Judge of Probate) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Renee Legrand v. York County Judge of Probate, 2017 ME 167, 168 A.3d 783, 2017 WL 3138211, 2017 Me. LEXIS 187 (Me. 2017).

Opinion

HJELM, J.

[¶ 1] Renee LeGrand and other class action members appeal from a judgment entered by the Superior Court (York County, Warren, J.) declining to-grant declaratory and injunctive relief from alleged deprivations of constitutional rights arising from the York County Probate Court schedule ordered by former York County Probate Judge’ Robert M.A. Nadeau. 2 Le-Grand argues that delays in court proceéd-ings caused by the court schedule violated class members’ rights to meaningful access to the courts and to substantive due process. Judge Nadeau argues that the plaintiffs’ claims are moot because he is no longer a judge of probate and that, in any event, the Superior Court did not err on the merits. 3 We conclude that, this appeal is not moot and, reaching the merits, affirm the judgment. ,

I. BACKGROUND

[¶ 2] The court found the following, facts, which are supported by competent evidence in the record. 4 See Graham v. Brown, 2011 ME 93, ¶ 2, 26 A.3d 823.

A. Schedule ■ Changes at the Probate Court

[¶ 3] Judge Nadeau was elected York County Probate Judge .in 2012 and held that office from 2013 to 2016, after having previously served in the same positiqn from 1997 to 2008. Maine’s probate court judges, hold judicial office on a part-time basis, and York County funds the position for eight days, or sixty-four hours, per month, When Judge Nadeau began his term in 2013, he and Register of Probate Carol Lovejoy agreed to schedule court days on Wednesdays and Thursdays each week, with three Wednesdays of the month dedicated to routine matters, and all Thursdays and the last Wednesday of every month set aside for contested hearings.

*787 [¶4] Qn April 1, 2015, Judge Nadeau made a presentation at a York County Commissioners’ meeting where the Probate Court budget for fiscal year 2016 was being considered. He advocated for an increase in funding so that the probate judge’s schedule would expand from eight days per month to three days per week, or, alternatively, five days per week, which would make the judgeship a full-time position. Corresponding .with these proposed changes, Judge- Nadeau recommended an increase in his salary from $48,498 to $90,000, or $119,476, respectively. ' The Commissioners tabled the issue, -but at their next meeting, held on April 15, 2015, they decided to maintain the current number of hours for the probate judge. Nonetheless, they raised Judge Nadeau’s salary to $54,206.

[¶ 5] Judge Nadeau left the meeting almost immediately after the Commissioners made that decision. A few minutes later, he emailed Register Lovejoy from his cell phone with instructions to make certain changes to his court schedule. In another email sent later that night, Judge Nadeau altered the schedule more significantly, directing Lovejoy to reschedule Probate Court from Wednesdays and Thursdays to Mondays and Fridays, starting the following week. In yet another email sent the next morning, Judge Nadeau changed the schedule again and directed Lovejoy to implement a trailing trial list with one full week each month dedicated to trials, plus two ;or three nontrial days each month. Two days later, on April 18, Judge Nadeau sent an email making further scheduling changes that included reserving one court day per month for research and writing.

[¶ 6] In some of his communications with Lovejoy regarding the schedule changes, Judge Nadeau expressed his resentment that the County had been unwilling to support what he considered necessary additional court time. As the Superior Court noted in its findings, Judge Nadeau testified that he was “upset” and “disappointed” that the Commissioners declined to grant his request to increase funding for the position he held. •:

[¶7] Because Judge Nadeau directed that the schedule changes be implemented immediately, all previously scheduled cases had to be assigned different hearing dates, resulting in delays' before those cases could be heard. The shift in the court schedule to Mondays and Fridays also resulted in decreased court' time because more holidays fall on those days — a consequence that Judge Nadeau knew would result when he made the change. As the Superior Court found:

Although Judge Nadeau stated that his schedule changes were made to serve litigants, he knew that the schedule changes would cause or exacerbate delays that would harm those litigants. In large part, the schedule changes were intended to get back at the County Commissioners who had rejected Judge Na-deau’s request for an increase in salary arid court time.

[¶ 8] To. assist .with the growing and “essentially self-inflicted” backlog of cases, Judge Nadeau. appointed probate judges from other counties to serve as referees and hear eleven contested York County cases. Additionally, as of the time of the trial in this matter, Judge Nadeau had recently decided to schedule court several times on the Tuesday after a Monday holiday to make up for the lost day, and to dedicate some time , on Fridays to routine matters — changes that the Superior Court found were likely motivated in part by this case.

[¶ 9]- Over time, the altered schedule and appointment of referees cleared a backlog of contested matters, including emergency hearings and trials, because the practice of multi-day trailing trial lists resulted in *788 more settlements and quicker resolutions of contested cases. The schedule changes ordered by Judge Nadeau, however, reduced the amount of court time available for uncontested cases, particularly during the remainder of 2015. For such routine matters, the schedule changes created delays of approximately three months. Throughout this period, Judge Nadeau recommended that litigants appearing in the York County Probate Court contact the County Manager and Commissioners if they were frustrated by court delays.

B. LeGrand’s Probate Court Case

[¶ 10] In December 2014, Renee Le-Grand, the named plaintiff in this action, filed for joint or sole guardianship of her granddaughter in the York County Probate Court, alleging that her daughter was unfit to act as a parent to the granddaughter. See 18-A M.R.S. § 5-204 (2016). In March 2015, Judge Nadeau issued an order, effective until August 31, 2015, granting LeGrand temporary guardianship of the child. See 18-A M.R.S. § 5-207(c) (2016). A hearing on LeGrand’s petition for permanent guardianship was scheduled for July and then for August 2015, but the hearing was not held due to scheduling conflicts attributable both to the court and to the attorneys. 5

[¶ 11] On August 28, 2015, LeGrand filed a motion to extend the duration of the temporary guardianship. In September, Judge Nadeau assigned LeGrand’s case to a probate judge from another county to act as a referee. See M.R. Prob. P. 53; M.R. Civ. P. 53(a). By this point, the temporary guardianship had expired, and in late October 2015 LeGrand’s daughter reasserted legal custody of the child.

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Bluebook (online)
2017 ME 167, 168 A.3d 783, 2017 WL 3138211, 2017 Me. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renee-legrand-v-york-county-judge-of-probate-me-2017.