York Register of Probate v. York County Probate Court

2004 ME 58, 847 A.2d 395
CourtSupreme Judicial Court of Maine
DecidedMay 4, 2004
StatusPublished
Cited by9 cases

This text of 2004 ME 58 (York Register of Probate v. York County Probate Court) 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
York Register of Probate v. York County Probate Court, 2004 ME 58, 847 A.2d 395 (Me. 2004).

Opinion

PER CURIAM.

[¶ 1] This matter is before the Court pursuant to M.R.App. P. 24(c), on report from the Superior Court (York County, Studstrup, J.). The Superior Court has reported to us the question of the jurisdiction of the Superior Court (1) over an original complaint brought by the York County Register of Probate, Diana Den-nett, against the York County Probate Court, which the Superior Court dismissed, and (2) over proceedings in the nature of contempt, initiated in the York County Probate Court, and removed to the Superior Court, and which the Superior Court ordered remanded to the Probate Court. Dennett also appeals from the Superior Court’s dismissal of her complaint. We accept the report of the Superior Court, and conclude that the Superior Court has jurisdiction over the original complaint filed by Dennett. We also conclude that the contempt proceedings brought by York County Judge of Probate Robert Nadeau in the Probate Court against Dennett and York County Treasurer James Atwood were improperly initiated because such proceedings were in regard to the Probate Court’s administrative and supervisory functions, as opposed to its judicial function.

I. BACKGROUND

[¶ 2] In November of 2000, Diana Den-nett was elected to a four-year term as York County Register of Probate, and took office in January of 2001. After months of what Probate Judge Nadeau characterized as deficiencies in Dennett’s job performance, on November 1, 2001, Nadeau reassigned several of the duties of the Register to the Deputy Register, Carol Lovejoy. Pursuant to 18-A M.R.S.A. § 1-508 (1998),1 Nadeau certified this reassignment [397]*397in a letter to Treasurer James Atwood. After receiving Nadeau’s certification, and pursuant to section 1-508, Atwood began to pay the salary of the Register of Probate, $42,558, to Lovejoy, and to pay the salary of the Deputy Register, $86,828, to Dennett. On November 27, 2002, again purportedly pursuant to section 1-508, Na-deau sent another certification to Atwood that directed him to reduce Dennett’s salary by an additional $14,354.60, and to redistribute that portion of Dennett’s salary among other Probate Registry employees. Atwood did not act on Nadeau’s directive.

[¶ 3] In response to Atwood’s failure to act, Nadeau initiated contempt proceedings against Atwood in the Probate Court. See M.R. Civ. P. 66. Nadeau appointed a special prosecutor to be paid by the County, to prosecute the contempt proceedings. Atwood entered a limited appearance in the Probate Court, objected to the contempt proceeding and, pursuant to M.R. Prob. P. 71A, filed a notice of removal to the Superior Court.

[¶4] On February 18, 2003, Dennett filed a complaint in the Superior Court, alleging that Nadeau acted beyond his authority in restricting her duties and in taking action to reduce her pay, and sought injunctive relief against Nadeau and Atwood.

[¶ 5] Nadeau also initiated contempt proceedings in the Probate Court against Dennett on February 27, 2003; based on her failure to comply with Nadeau’s instruction that Dennett not represent the Probate Court or advocate on its behalf at meetings of the York County Commissioners. As did Atwood, pursuant to M.R. Prob. P. 71A, Dennett filed a notice of removal of this contempt proceeding to Superior Court.

[¶ 6] On March 17, 2003, the Superior Court entered a temporary restraining order to preserve the status quo and “to prevent further escalation of hostilities.” 2

[¶ 7] On March 31, 2003, Nadeau filed a separate action in the Superior Court3 seeking temporary and permanent injunc-tive relief against Atwood, and later adding the York County Commissioners as defendants. The complaint seeks orders requiring Atwood to comply with the November 27, 2002, certification and directive, a declaration that the Judge of Probate is the “head” of the York County Probate Court, and payment of Nadeau’s legal expenses in the enforcement proceedings.4 All four actions were specially as[398]*398signed to a single justice of the Superior Court.

[¶ 8] On June 10, 2003, Nadeau sent Atwood yet another certification and again directed Atwood to withhold $7840 from Dennett’s salary and distribute it to the listed Registry employees. Atwood has not complied with the directive.

[¶ 9] Contending that the Superior Court lacks jurisdiction, Nadeau moved to dismiss Dennett’s complaint filed in the Superior Court and to have the contempt proceedings against Dennett and Atwood remanded back to the Probate Court. The Superior Court entered a judgment dismissing Dennett’s plenary civil action, and on that same date, ordered that the contempt proceedings, that had been removed to the Superior Court, be remanded to the York County Probate Court. The Superi- or Court then entered an order staying the dismissal and remand orders, and issued an order for report to this Court pursuant to M.RApp. P. 24(c). The Superior Court reported:

Does the Superior Court have jurisdiction to consider either original complaints or litigation removed from the Probate Court where the litigation concerns actions by a Probate Judge to administer and supervise a Register of Probate including the use of the Judge’s contempt powers as applied against the Register and other county officials?

Dennett also filed a separate appeal of the dismissal of her complaint. We consolidated Dennett’s appeal with the Superior Court’s report.

II. DISCUSSION

A. Acceptance of the Report

[¶ 10] The Superior Court noted in its order that “the jurisdictional issue involved is of such importance and doubt” and “concerns fundamental relationships between trial courts, would potentially affect all Superior and Probate Courts, and is an issue of first impression.”

[¶ 11] Maine Rule of Appellate Procedure 24(c) governs Superior Court reports of an interlocutory nature:

If the trial court is of the opinion that a question of law involved in an interlocutory order or ruling made by it ought to be determined by the Law Court before any further proceedings are taken, it may on motion of the aggrieved party report the case to the Law Court for that purpose and stay all further proceedings except such as are necessary to preserve the rights of the parties without making any decision therein.

In deciding whether to accept a report from the Superior Court pursuant to M.R.Civ. P. 24(c), we consider whether the question of law reported is “of sufficient importance and doubt to outweigh the policy against piecemeal litigation.” Swanson v. Roman Catholic Bishop of Portland, 1997 ME 63, ¶ 6, 692 A.2d 441, 443.

[¶ 12] The question involves issues of first impression in Maine that are capable of repetition. Despres v. Moyer, 2003 ME 41, ¶ 16, 827 A.2d 61, 65. There are important jurisdictional issues involved in the case; there are also significant issues regarding the nature of contempt proceedings, and whether contempt proceedings can be used to enforce matters that are administrative, as opposed to judicial in nature. The extent of the authority of the Judge of Probate pursuant to 18-A M.R.S.A. § 1-508 is also at issue. The questions reported are sufficiently important and doubtful, and we accept-the report.

B. The Original Action

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Bluebook (online)
2004 ME 58, 847 A.2d 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/york-register-of-probate-v-york-county-probate-court-me-2004.