Opinion

Susan Longley: ‘I ask for your continued support on Nov. 8’

Thu, 11/03/2016 - 2:00pm

     First, I want to thank you for continuously reelecting me to serve as your Waldo County Judge of Probate. Today, I also write to ask your continued support on Nov. 8.

    Below, I provide examples of how, over the course of my three terms, I also have sought to honor your trust with both fair, effective and cost-efficient court procedures and family-friendly innovations.

    1. MEDIATION OPPORTUNITIES

    To help families in contested court matters, I have introduced Maine's first probate court mediation program. I spearheaded this major change in Waldo County Probate Court to help families learn to resolve family problems on their own.

    In this court process, I offer and provide parties a skilled mediator. Unlike other courts, however, I do not order parties either to mediate and/or settle. Plus, I inform parties that mediation is only an early option for ones wanting to see if they can resolve some or all matters in dispute. Before they decide, I also inform parties that, should they opt not to mediate and instead only litigate, it will be my honor to preside and provide each with fair and meaningful hearing.

    Most families opt to mediate, and most mediations result in an agreement. I then accord parties their right to be heard by opening what has then is their uncontested hearing. Here, I hear how the parties have resolved differences. Upon review and approval in accordance with the law, I then incorporate the parties' agreement right into the Court Order.

    In the process of this Court providing these mediation opportunities, I believe that these families not only can find ways to use what can be a family crisis as an opportunity to develop skills to solve problems on their own but also can receive a speedy, effective and often less expensive resolution of their case.

    2. OTHER COST CONTROLS:

    As judge of probate, I also have worked to control other costs. Here are some examples:

    I have a maximum fee policy for court appointees. If anyone wishes to exceed the maximum fee, I first require the filing of a motion that explains the excess to the family and this Court. As a result, we no longer see the excessive fees in the thousands of dollars. In this process, we save money for both families and taxpayers.

    With the help of Waldo's very professional Register of Probate and her staff, we have established and implemented a very successful, incentive-based, monthly payment system. We also have found that if put on an incentive-based monthly payment plan, we enable, dignify and reward (with discounts) the interest and efforts of those with a limited ability to pay court fees and costs.

    Over the course of my 3 terms with these cost controls, we have kept this budget line in line while also offering parties a greater variety of resolution services.

    3. FAIRNESS ALSO TO "PRO SE:"

    Because most parties now appear without a lawyer, I take great care to make reasonable accommodations to ensure that each side have a fair chance to be heard.

    Specifically, I take affirmative steps. I first explain the rules so that a person appearing understands the process to be employed. I have crafted and offer my "Helpful Tips" flyer. Pro se or not, I also encourage questions on procedures at every stage.

    In short, to assure that the goals of fairness and equal access to the judicial process, I provide appropriate supports to insure that pro se parties can fully participate in court proceedings while also ensuring that my actions are fair to both sides.

    4. EFFORTS HONOR ONE'S WISHES AND VALUES:

    In honor of the wishes and values of vulnerable adults subject to a petition for guardianship or conservatorship, I first require a search for any/all of this person's earlier legal documents – such as any medical and financial power of attorney.

    I also require specific values information. I believe that if the law requires me to maximize the independence of this person in any resulting order, I need to know as much as possible about this person's values.

    With the above as examples, as your judge in Waldo County Probate Court, I work to promote the public understanding of and confidence in the administration of justice. I work to promote access to justice for all. And to further public understanding of and respect for courts and the judicial system, I aspire at all times to conduct that ensures that you can have the greatest possible public confidence in the independence and integrity of your judiciary.

    In closing, again, I ask for your continued support on Nov. 8 so that I both can continue as Waldo County Judge of Probate and can continue to provide you a fair, efficient, cost-effective and ever-more family-friendly probate court.

    Susan W. Longley, Esq. also has served as a teacher, law professor and State Senator for Waldo County (serving as Judiciary Committee Chair). She also has served as President of the Maine Probate Judge Association and currently serves as a Maine Supreme Court Chief Justice re-appointee to Maine's Probate and Trust Law Advisory Commission.