Opinion

Susan Thiem runs for Waldo County Probate Judge

Mon, 10/31/2016 - 8:45am

    I would like to take the opportunity to introduce myself to the Waldo County voters and to explain my reasons for running for the position of Waldo County Probate Judge. My name is Susan C. Thiem and I have been practicing law in Lincolnville since 1982.

    During my years of general practice I have had numerous cases in a number of Maine's probate courts, including Waldo County. Like many other attorneys in the Midcoast area it is common to have cases in Knox, Hancock, Penobscot and Kennebec County Probate courts. All of Maine's Probate Courts handle cases governed by the Title 18-A, known as the Probate Code. This means that each County is required to use the same law, follow the same rules and use the same forms. This provides for uniformity throughout the state.

    During the incumbent Judge's time in office, the Waldo County Probate Court has moved further and further away from the law and procedures followed by all the other Probate Courts in Maine. These changes have not been for the benefit of people of Waldo County. These inconsistencies and problems were alluded to during the last campaign, yet the problems have only increased over the past four years. Anyone who has had dealings with the Waldo County Probate Court would probably tell you that contested matters have become expensive and time consuming.

    The incumbent Judge has claimed that her mediation program has caused the settlement of the majority of cases. There is no basis for such a claim and I have seen firsthand as well as been told by many people that their experience with the mediation program has not been helpful. This is not the fault of the mediators but rather the nature of the Probate Court and the type of cases which the Court is authorized to handle.

    The Probate Court is not a family court though some cases involve disputes between families. The probate court by statute has jurisdiction over issues regarding trusts, wills, guardian and conservators for minor children and adults, adoptions and name changes.

    At the end of July, the "Home Court Act" went into effect so that some guardianships, name changes and adoptions can be heard in the district court. In Waldo County, this would be beneficial since the procedural safeguards observed in the District Court will better protect the parties, particularly if the incumbent is re-elected. At this time there are a number of procedural problems in the Waldo County Probate Court which have lead to lengthy court dockets and the lack of procedural due process for many parties.

    I have practiced law for many years in Lincolnville. During this time I have employed secretaries, paralegals and for a number of years an associate attorney. Running a law practice is similar to running a small business. I also raised a daughter which was one of the reasons for my home office. I understand that people have busy lives and that they need sufficient notice before taking time off from work or to arrange for childcare before appearing in court.

    The present Judge routinely expects parties to appear in her Court with 24 hour notice for undefined hearings which are not for emergencies. At the same time, the incumbent's policy is to never entertain emergency motions even if required or needed. The law requires a certain number of days to respond to a motion as well as giving at least two weeks notice after the last response being filed.

    My practice includes estate planning, wills, trusts, real estate and small businesses matters as well as many other areas of law common to a general practice is a rural county. Having this general knowledge of many areas of law gives me the kind of background well suited to being Judge of Probate. For example, a Petition for a Conservator of an adult could include issues involving real estate, complex trusts or estate tax issues.

    The present Judge has no practical knowledge of these areas of law and her background according to her posted articles is in history and education. Though she has a law degree, she has very little experience practicing law, dealing with clients, arranging for witnesses and scheduling hearings.

    Unlike my opponent I am not a politician. While Susan Longley has spent many years as a teacher, legislator and self promoter for her political career, I have been practicing law. During the course of my campaign I have met many good people many of whom have had a bad experience in the probate court. For the most part people have been interested to hear how I would improve the court with only a few detractors who were unwilling to hear any criticism of their candidate.

    If I have the good fortune to win the election, I will work to improve the service in the Court, restore transparency and accountability, ensure that all parties and attorneys are treated in a respectful manner and that due process is followed for all parties. The present staff at the Probate Court has always been helpful and pleasant and I would not propose any changes in the staffing.

    It is for these reasons that I am seeking the position of Probate Judge for Waldo County, and I thank the residents of Waldo County for their support and vote on November 8.