On behalf of a client, I have an important appeal pending before Maine’s Law Court. Many of you know that since 2017 lobstermen facing a license suspension have been denied a jury trial – their cases are tried before an administrative law judge, in a ridiculously diminished procedure that is an embarrassment to all but DMR. My appeal argues that, because it is settled law that a lobsterman has a property interest in his or her lobster license, and because Article I, Section 20 of the Maine Constitution provides “[I]n all controversies concerning property”, Maine’s Constitution guarantees the right to a jury trial, the procedure used by the Maine Department of Marine Resources to suspend licenses is unconstitutional and therefore void. It’s a good argument and we ought to win.
Preserve this argument, if you face suspension! If you are facing a lobster license suspension (or any administrative hearing before DMR), make sure you or your lawyer preserves the right to a jury trial, by asking for one one the record (in writing and verbally), and by objecting to the case going forward without a jury trial.
CALL US AT
207-838-0690
MAINE & NEW HAMPSHIRE
Email: nwalsh@gwi.net
CALL US AT
207-838-0690
MAINE & NEW HAMPSHIRE
Email: nwalsh@gwi.net