The Maine Supreme Judicial Court, known as the Law Court, is seeking amicus briefs for the case City of Portland v. Marc A. Lesperance, under docket number Cum-24-94. This request follows a June 2023 incident where a Park Ranger issued a citation to Lesperance for having his dog off-leash in Baxter Woods during a restricted period, violating sections of the Portland City Code. The District Court found Lesperance guilty in February 2024.
Lesperance has appealed the decision, challenging the authority of the Park Ranger to issue such citations. He argues that according to M.R. Civ. P. 80H, a Park Ranger appointed as a constable is not an "officer authorized to enforce a statute or ordinance." He claims that the City failed to properly appoint and train the Park Ranger according to statutory requirements.
The court is requesting amicus briefs on several key issues: whether constables must complete training at the Maine Criminal Justice Academy to be qualified under M.R. Civ. P. 80H; if municipalities can appoint officers who are not constables under certain statutes; and whether Park Rangers can be considered authorized officers under these rules.
Amicus briefs may be submitted by any individual or entity without needing special permission from the court but must adhere to specific procedural rules and be filed by January 27, 2025.
Matthew Pollack serves as Clerk of the Law Court and can be contacted for further information regarding submissions.