An Act To Establish Legislative Standing in Judicial Proceedings
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 3 MRSA c. 39 is enacted to read:
CHAPTER 39
LEGISLATIVE STANDING
§ 1101. Legislative standing
1. Standing to intervene in judicial proceedings. In any court proceeding in which the constitutionality, legality or application of a law enacted by the Legislature is at issue, 25 or more Legislators who wish to defend the law may intervene as a party in the proceeding and must be deemed by the court to have proper standing in the matter.
2. Multiple groups. If more than one group of Legislators wishes to intervene in a proceeding under this section, the first group to file a request to intervene with the court has an unconditional right to intervene, except as provided in subsection 3. The court may impose conditions on a subsequent group that files a request to intervene.
3. Absence of good faith. A court may deny a request to intervene under this section if the court determines that the group of Legislators filing a request to intervene does not have a good faith intention to defend the constitutionality, legality or application of a law enacted by the Legislature.
4. Counsel. A group of Legislators filing a request to intervene under this section may request that the Attorney General represent them if the Attorney General is not already representing a party to the proceeding and does not have another conflict of interest. A group of Legislators filing a request to intervene under this section may employ private counsel; however, state funds may not be used to cover the cost of representation.
summary
This bill provides that a group of 25 or more Legislators acting in good faith have standing to intervene in any court proceeding to defend a law enacted by the Legislature if the constitutionality, legality or application of the law is at issue. The group of Legislators may request that the Attorney General represent them in the proceeding or may employ private counsel, but state funds may not be used to cover the cost of private representation.