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jdunlap

Joshua Dunlap

This author Joshua Dunlap has created 53 entries.

  • March 03, 2020

The Maine Constitution Turns 200! Does It Still Matter?

Law Court, Maine, Maine Constitution
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On March 15, 2020, Maine turns 200 years old. For any Mainer, especially history buffs, the bicentennial is an occasion worth celebrating. For any legal beagle, the bicentennial is worth celebrating for an additional reason: Maine’s Constitution is also celebrating its 200th birthday.

The Maine Constitution was adopted at convention on October 29, 1819, approved by the people on December 6, 1819, and became effective on the same date Maine became a state. The Maine Constitution has proven to be one of the nation’s most durable state charters. By my research, only three operative state constitutions are older: those of Massachusetts, New Hampshire, and Vermont. But does the Maine Constitution still matter?

A recent Law Court decision highlights this question. In State of Maine v. Weddle, the Law Court was presented with an interesting search-and-seizure question relating to a Maine statute authorizing law enforcement officers to test the blood of all drivers involved in a fatal, or likely fatal,

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  • February 14, 2020

E-Filing is Coming, E-Filing is Coming!

Law Court, Maine
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Spreading the news that e-filing is coming might not have quite the same importance as the message delivered by Paul Revere and his fellow riders in 1775 – but e-filing is still worth noting. I attended the Maine State Bar Association winter meeting in January, which gave Maine practitioners a sneak preview of the state courts’ new e-filing system, File & Serve. It was an interesting and informative session.

The tentative plan, as attendees were informed, is to begin the process of rolling out e-filing at the end of this year. As many already know, e-filing is likely to be introduced first for Penobscot and Piscataquis Counties. But, of importance for appellate practitioners, it sounds like the court is also considering including not only the Business Court but also the Law Court in the initial implementation.

We are still waiting to see all of the rules surrounding e-filing, but the system that was previewed at the winter meeting appears to be user-friendly and promises

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  • February 07, 2020

Same Blog, New Author

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As loyal readers of this blog already know, Cathy Connors – the former author of this blog and my former colleague here at Pierce Atwood – has moved on to bigger and better things: an appointment to Maine’s Supreme Judicial Court. My hat is off to her for this well-deserved achievement.  Her formidable intellect will be a credit to the bench (and her sharp questions doubtless a scourge to any lawyer who is less than fully prepared!). All of us here at Pierce Atwood will of course miss her inimitable talents and presence.

So what does this mean for you, who have benefitted over the years from this blog? Happily, you should expect Maine Appeals to continue, with posts addressing issues of appellate law and practice in Maine and the First Circuit. But there will be a new voice (and likely more than one, as Cathy leaves big shoes to fill).

So allow me to introduce your new blogger: I’m Josh Dunlap, a partner

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