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Justice for all does not come easily or cheaply, but it is at the core of what our nation stands for. I believe we have an obligation to our families and communities, to our economy and every generation of Maine’s entrepreneurs to invest in our system of justice.

While some cases, such as domestic violence or child protection, clearly take precedent over others, our system of justice is incomplete if we cannot assure all who are owed it that their cases can and will be heard, and in a timely manner.

That is why I have sponsored legislation to provide additional resources to deal with the unique needs of businesses in Maine’s courts. I am proud to report that the Legislature’s Judiciary Committee gave its unanimous support to this bill, which will now proceed to the full House and Senate for votes.

Business cases can be divided into three general categories. The first is complex business cases, sometimes called “docket cloggers,” because they take away time from the regular courts in addressing those highest priority cases. The bill working its way through the system would create a specialized business docket to handle these cases, and assign two judges to them.

The other two areas of business litigation are small claims and intermediate level cases, both of which can take months to make their way onto the court calendar. Assigning two additional trial judges to the superior court, where the intermediate cases are heard, and district court, where small claims are heard, would mean businesses and consumers could count on having their cases heard, and that those courts would have additional resources for the criminal and civil cases they hear.

Last fall, a group of House Democrats conducted a listening tour in seven Maine towns and cities to hear from small business owners about how Maine state government can be more responsive to their needs.

One of the frustrations we heard repeatedly was the need to expedite small claims cases in our courts, and other business cases, too. The lack of access to the courts caused by a backlog of cases was a complaint too common to dismiss. Furthermore, the frustration and costs associated with long delays once in the court system emerged as insurmountable barriers for small businesses hoping to thrive and grow in our state.

In the West Bath District Court, small claims cases, which often involve Maine’s smallest businesses, as well as consumers, are scheduled for only one half-day – just four hours – each month. It can easily take three months or longer for a small claims case to be heard. For other commercial cases, delays are often six or more months.

This is in stark contrast to Maine’s federal docket and to other private options. Since 2000, Maine’s federal courts have seen business-related filings increase by nearly 90 percent. Meanwhile in the state courts, contract filings have decreased almost 47 percent since 1993. In short, delays and complications in Maine’s state court system are forcing Maine businesses to seek relief outside of our state system. No one can get a resolution to their matters, especially if those matters are complicated.

The costs associated with litigating outside of the state system are substantially higher than if the matter were resolved in state court. This costs Maine businesses more money and resources that could be used to grow and expand their endeavors.

Moreover, Maine’s businesses do not have a predictable body of cases to effectively plan – as they might in other jurisdictions. As business cases move out of the state courts, they cannot reliably predict how laws affecting them will be interpreted by the courts, which in turn add additional barriers to economic development.

Put simply, if you and I have a business dispute, and if there is a solid body of case law, three things happen. One, there’s a pretty good chance a judge can adjudicate the case relatively quickly; two, there’s a good chance we won’t even go to court, because we know how it will be decided, so we’ll just settle; and three, as a new business starting up in the state or moving to the state, we can look at Maine case law and know what to expect in our field of business.

But the benefits to the state do not simply end with the benefits to business, and this is a very important point to emphasize. By removing the most complex cases from the court docket, all parts of our court system will benefit.

Family law, civil cases, domestic violence, custody – all of these are critical cases that demand immediate attention and demand we provide the resources necessary to make that possible.

Maine ranks 50th in the nation for the resources it devotes to its courts. We must give the judicial branch the flexibility to address these issues. That’s what L.D. 1518 does. It offers a structure and will enable resources to be utilized to better address the needs of businesses and everyone else in the court system.

John Richardson is speaker of the House and represents District 63, part of Brunswick.

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