The Right to a Jury Trial for Maine Fishermen

There is presently (as of March 2026) pending before the Law Court of Maine an important case for all commercial fishermen. It was brought by yours truly, on behalf of a lobsterman cited for lobster violations.

As is usual now, the Maine Department of Marine Resources held an administrative suspension hearing to decide whether my client violated the law and would have his license suspended. These hearings are not in court. They are before an administrative law “judge”, not a real judge, just a hearing officer often borrowed from the Bureau of Motor Vehicles. There is no right to a jury, the all-important Maine Rules of Evidence don’t apply, and the hearing is usually by Zoom. If someone called it a kangaroo court, with rubber-stamp justice, I wouldn’t much argue.

No surprise, the administrative re law judge found that my client violated the law, and he got a multi-year suspension of his license. But we appealed, and we have a solid argument: Maine law is clear that my client has a property interest in his lobster license. The Maine Constitution expressly provides the right of a jury trial in all controversies including property. Hence D.M.R.’s imposition of a license suspension without affording my client a jury trial violates the Maine Constitution.

The Law Court hasn’t decided the case yet. A decision is due out any time.

There is something very important for any fisherman cited for a fishery violation to remember to do: ASK FOR A JURY TRIAL. Do it in court, if there is a parallel court proceeding, and do it before the administrative law judge as well. That way, if my client’s case goes the way I hope it does, you will have preserved your rights.