State v. Woodward
| Decision Date | 30 March 1978 |
| Parties | STATE of Maine v. Harvey WOODWARD. |
| Court | Maine Supreme Court |
William P. Donahue, Dist. Atty., Eric Cote (orally), Asst. Dist. Atty., Alfred, for plaintiff.
Barrett & McNeill Professional Association by John T. Barrett (orally), Durham, N. H., Bruce A. Whitney, South Berwick, John G. Richardson, Rochester, N. H., for defendant.
Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.
On April 19, 1977, defendant, of Durham, New Hampshire, was sentenced in the Superior Court in York County to pay a fine of $650.00 on his plea of "nolo contendere" to a "Uniform Traffic Ticket and Complaint" charging a violation of 29 M.R.S.A. § 1652(2)(B), namely: "Operating Over Tandem Axle (weight)" by 36%. Section 1654 specifies a fine of $650.00 for this overweight percentage.
On May 2, 1977, a "Notice of Appeal," dated April 28, 1977, was filed, signed only by a non-resident attorney. The record does not disclose any motion by a resident attorney that the non-resident be permitted to practice in this matter.
The foregoing is not in compliance with Rule 61(a), M.R.Crim.P. 1
We have the power, even on judicial notice alone (since the State does not raise the point in its brief), to act on matters so vital to the public interest and which affect our jurisdiction. Bennie v. Triangle Ranch Co., 73 Colo. 586, 216 P. 718 (1923); State ex rel. Mather v. Carnes, Mo.App., 551 S.W.2d 272, 288 (1977).
Other jurisdictions agree, on facts similar to those before us, that pleadings signed only by non-resident attorneys are without legal efficacy. See Burger v. Burgess, 234 Ga. 388, 216 S.E.2d 294 (1975); Bradley v. Sudler, 172 Kan. 367, 239 P.2d 921 (1952); Northwest Nat. Ins. Co. of Milwaukee, Wis. v. Averill, 149 Or. 672, 42 P.2d 747 (1935); In re Nelson's Estate, 101 Or. 14, 198 P. 892 (1921); Anderson v. Coolin, 27 Idaho, 334, 149 P. 286 (1915).
Since the notice of appeal was not signed either by the defendant or by Maine counsel, it becomes a nullity. Only where there has been a compliance with Rule 61(a), M.R.Crim.P., may a non-member of the Maine Bar participate in proceedings in the Maine courts, and even then all papers filed with the court must be signed by Maine counsel. Our jurisdiction to hear and decide an appeal is premised on proper filing of a notice of appeal signed by the appellant or appellant's attorney. Rule 37(b), M.R.Crim.P. That basic requirement was ignored in this case. We lack jurisdiction to decide this appeal. 2
The entry is:
Appeal dismissed.
DELAHANTY, J., did not sit.
1
2 Appellant has argued that...
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...it was signed by a New Hampshire lawyer who was not authorized to practice law in Maine. 3 See Rule 89(b), M.R.Civ.P.; State v. Woodward, Me., 383 A.2d 661 (1978). On July 9, 1979, plaintiff filed in the Superior Court a new notice of appeal, this time signed by a lawyer authorized to pract......
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