AUGUSTA – The head of the state’s court system has developed a large advisory group to help her prepare for the creation of Maine’s first business and consumer court.

The Legislature approved the new commercial and consumer division within the court system earlier this year with the funding for new judges and supporting staff to become available on Jan. 1, 2007. Many small businesses had complained about the lengthy delays – often more than a year – in getting business disputes and bad check claims handled by the courts.

“I have named an advisory group, a rather large group, to advise on the criteria for the new business court docket,” Chief Justice Leigh Saufley said in recent interview. “I am looking to have the criteria for the new docket ready when the court gets underway.”

House Speaker John Richardson, D-Brunswick, who sponsored the legislation authorizing the new court unit, praised Saufley for “reaching out” to lawyers and the business community to determine the priority of cases on the docket.

“As chief justice, she has total control on how she runs the courts,” he said. “I think it is good to involve others in this, to give her advice on how this new court should operate.”

Basically, Richardson said, the new court will deal with three broad areas of business cases: small claims, cases that are more complicated, and the most complex of litigation that may take weeks or months to resolve.

“The docketing process will set priorities on judge time on courtroom time,” he said.

Sen. Barry Hobbins, D-Saco, co-chair of the Legislature’s Judiciary Committee, said seeking broad comment and advice has been a hallmark of Saufley’s tenure as chief justice. He said the new judges and staff will help with the “slow pace” that business matters have been handled by the courts.

“It’s unique, constructive and a positive step to delivering justice in a better way here in Maine,” he said. Hobbins said it was understandable that cases involving violent crime and crimes against children have taken precedent over business dealings in the court system. “There have not been the resources to deal with business cases, and they take longer than they should in many cases.”

Saufley brushed off the praise, saying involving as many “players” as possible to solve a problem is the way she operates.

“There is no one perfect way to do anything in the world,” she said. “The more input I get from people whose lives, or business, or legal practice is affected, the better process we will develop.”

David Clough, director of the national Federation of Independent Businesses in Maine, said there are several concerns in the business community about how the new court will be implemented. While one of the concerns is that filing fees will be higher than current fees, business owners still support the new court.

“Businesses want disputes resolved quickly,” he said. “This new court should help reduce the wait that businesses have been complaining about.”

Dana Connors, president of the Maine Chamber of Commerce, agreed. He said the one big concern among businesses is to get disputes resolved as soon as possible and at an affordable cost.

“I want to praise the chief justice for her reaching out to the business community for their input on this,” he said.

The nearly $1 million package approved in the supplemental state budget last March adds one new superior court justice and three district court judge positions, two law clerks, a court reporter and four assistant clerks to the court system. The money will fund the positions for six months, with continued funding to be requested of the next Legislature as part of the regular court budget.

The new judges may or may not be assigned to the new business court, Saufley said. Current judges could be re-assigned or there be some mix of new judges and current justices.

“That is something I will have to decide when we see who the governor names to the new positions,” she said.

The legislation allows for the judges to be nominated and confirmed by the Legislature prior to the funding of the positions on Jan. 1, 2007. Saufley said the judges could be ready to start work Jan. 2, if everything goes without a hitch.

“And I know I am asking for trouble if I think everything will be ready to go,” she said.

Saufley also said she would like to see the business court docket be the first “paperless” docket in the Maine judicial system. She said the court information technology staff is looking at the federal court system as a possible model.

“If we can be successful with this docket, we could expand it to other dockets in the future,” she said.

Saufley said the benefits of a “paperless” court system are very significant and could save the courts money and improve efficiency.

“We’re moving forward in the technological world, not rapidly, but as quickly as we can,” she said.