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National Law Review
National Law Review
6/15/2026
Death Knells, Due Process, and Democracy: May 2026 Law Court Roundup

Death Knells, Due Process, and Democracy: May 2026 Law Court Roundup

Short summary

Maine's Law Court issued five May 2026 decisions, including the first recognition of effective assistance of counsel rights in guardianship proceedings (applying Strickland standards), a ballot-challenge case in a 114-113 election decided on procedural deficiencies, and clarification that plaintiffs' settlement dismissal rights override defendants' counterclaim interests. These holdings establish procedural frameworks for challenging guardianship orders and workers' compensation act applicability.

  • First Maine precedent extending effective assistance of counsel to guardianship/conservatorship proceedings with defined appeal procedures
  • Ballot challenge hinged on lack of jurat and missing oath; disputed absentee ballots were counted in tight 114-113 Select Board election
  • Court affirmed plaintiff's right to settle and dismiss case with prejudice despite defendant's desire to pursue counterclaim

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