This week we published two stories about the troubles besetting York County’s probate judge, Robert M.A. Nadeau.
Earlier this year, Judge Nadeau said the demands of the job require more time and pay than the 64 hours a month/two days a week and $54,000 a year currently allocated. He has said he often works 90 hours a month and requested a raise to three days a week at $90,000 a year or five days a week at $120,000
In April, the York County commissioners denied his request for additional hours and pay for his part-time, elected position – a position he’s held for all but four years since the late 1990s.
A few hours later, Nadeau shifted his schedule – an action county officials say they view as a retaliation for turning him down. They have filed a complaint about this with the state’s Committee on Judicial Responsibility and Disability.
Since the schedule change, there have been complaints from attorneys and even Department of Health and Human Services Commissioner Mary Mayhew that altering the schedule has resulted in delays, in some cases of nearly a year, to handle guardianships and other matters.
A result of these delays has led to the latest issue to plague the judge. This week, a New Hampshire grandmother is bringing a class-action lawsuit against him. She said she lost guardianship of her 3-year-old grandchild because of the scheduling changes. According to the lawsuit, she said the scheduling changes necessitated an extension of her temporary guardianship, but that extension request was denied by Nadeau. When the guardianship expired, the girl was moved from her grandmother’s care and returned to the mother. The grandmother is seeking custody of her granddaughter because of her daughter’s untreated mental health issues and her substance abuse, according to the suit.
In Maine, the probate judge is a part-time, elected position. Some of the duties include handling adoptions, guardianship issues, adult protective cases, name changes, estates and other matters.
While most judges in Maine are appointed and their salary paid by state government, the part-time probate judges, who often – like Nadeau – have a private practice as well, are the exception. They are elected and county governments pick up the tab for their salaries.
The number of cases and salaries for these positions vary by county. For instance, the Androscoggin probate judge earns a mere $22,000 while in Cumberland County the pay is $63,000. Requests by the Journal for the number of days or hours and cases handled by the Androscoggin probate judge were unanswered. The salary for the Cumberland County’s probate judge isn’t tied to a specific number of hours.
Nadeau’s pay was raised in April from $48,000 to $54,000 – not the higher salary he was seeking. However, the number of hours/ days he is to work hasn’t changed since 1999.
And though the number of cases hasn’t significantly increased over the years, he said their complexity has, as has the number of contested cases “which often demands several days of emotional hearings.” Register of Probate Carol Lovejoy, who has been on the job for decades, said she thinks the court could use two or three more days per month – fewer than those requested by Nadeau, but more than county officials wish to grant.
And recently, Nadeau said he would donate one Saturday per month to accommodate adoptions – something he said shouldn’t cost the county any more money. On Saturday Nov. 21, National Adoption Day, Nadeau volunteered his time and performed 10 adoptions. We commend Nadeau for this.
We believe that a reasoned discussion among the interested parties should take place to work out a common sense solution, one that’s likely to require give and take on all sides.
Perhaps taking a page from Cumberland County’s book should be considered and the salary shouldn’t be tied to the number of days or hours worked.
Also, those running for the job should consider what the position allows in terms of salary and time worked at the outset and not attempt to make changes in the midst of their term.
To prevent such friction in the future, the commissioners should review the probate judge position every few years to ensure the appropriate time and compensation is allocated to dispense the justice the job demand.
However, it’s time to put aside this stalemate because right now the ones paying the price are the citizens of York County.
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