Supreme Judicial Court of Maine, 2018

In re Op. of the Justices

Supreme Judicial Court of Maine · Decided November 20, 2018

196 A.3d 1291 (Atlantic Reporter, Third Series)

Counsel

Henry John Bear, pro se, John Clark, pro se, Daniel W. Walker, Esq., and Matthew S. Warner, Esq., Preti Flaherty Beliveau & Pachios, LLP, Portland, for Oxford Hills Chamber of Commerce, Joshua A. Tardy, Esq., Edmond J. Bearor, Esq., and Brent A. Singer, Esq., Rudman Winchell, Bangor, for HC Bangor, LLC, WHEREAS, the Constitution of Maine, Article VI, Section 3 provides for the Justices of the Supreme Judicial Court to render their opinion on such a question; and, WHEREAS, the House of Representatives has repeatedly considered proposals to authorize tribal gaming such as House Paper 838, Legislative Document 1201, "An Act To Authorize Tribal Gaming" and House Paper 999, Legislative Document 1447, "An Act To Recognize and Provide for the Right of the Houlton Band of Maliseet Indians To Operate a Casino on Houlton Band Trust Land Exempt from Certain Gaming Laws"; and, WHEREAS, the revenue provided to the Houlton Band of Maliseet Indians by tribal gaming will ensure tribal self-sufficiency and self-determination and will be used by the tribal government for critical social and health programs vital to the well-being of tribal members including reducing chronically high rates of unemployment, depression and mortality and providing services such as health care, elder care, housing and education; and

Opinion of the Court

Question. Does the decision of the Supreme Court of the United States in California v. Cabazon Band of Mission Indians, 480 U.S. 202, 107 S.Ct. 1083, 94 L.Ed.2d 244 (1987) allow the Houlton Band of Maliseet Indians, a federally recognized Indian tribe, to conduct gambling on tribal trust land without permission to do so from the State?

OPINION OF THE JUSTICES

To the Maine House of Representatives:

[¶ 1] On August 30, 2018, before the 128th Maine Legislature adjourned sine die, the Maine House of Representatives referred a Question to us as individual Justices of the Maine Supreme Judicial Court pursuant to article VI, section 3 of the Maine Constitution, which states, "The Justices of the Supreme Judicial Court shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Senate or House of Representatives." Me. Const. art. VI, § 3 ; see Opinion of the Justices , 682 A.2d 661, 663 (Me. 1996).

[¶ 2] The Question presented is this:

Does the decision of the Supreme Court of the United States in California v. Cabazon Band of Mission Indians , 480 U.S. 202, 107 S.Ct. 1083, 94 L.Ed.2d 244 (1987) allow the Houlton Band of Maliseet Indians, a federally recognized Indian Tribe, to conduct gambling on tribal trust land without permission to do so from the state?

[¶ 3] By procedural order, we invited the House of Representatives, the Senate, the Governor, the Houlton Band of Maliseet Indians, other Maine tribes, the Attorney General, and any interested person or entity to submit briefs addressing whether the question propounded presents a "solemn occasion" pursuant to article VI, section 3 of the Maine Constitution.

[¶ 4] Although we received briefs from others, including a brief urging the existence of a solemn occasion filed by an individual member of the House, Representative Henry John Bear of the Houlton Band of Maliseet Indians, we did not receive a brief from the House of Representatives. When the body propounding a Question does not, upon our request for briefing of the issue, provide any response that asks us to determine the existence of a solemn occasion that would justify our consideration of a propounded question, we will determine that the question is not "of a serious and immediate nature" and that the situation does not "present[ ] an unusual exigency."

*1293Opinion of the Justices , 2017 ME 100, ¶ 22, 162 A.3d 188 (quotation marks omitted).

[¶ 5] Accordingly, we conclude that no solemn occasion exists, and we each decline to answer the Question propounded.

Signed: November 20, 2018

Each Justice Individually Opining.

For the Justices,

LEIGH I. SAUFLEY, Chief Justice

DONALD G. ALEXANDER

ANDREW M. MEAD

ELLEN A. GORMAN

JOSEPH M. JABAR

JEFFREY L. HJELM

THOMAS E. HUMPHREY

Case-law data current through December 31, 2025. Source: CourtListener bulk data.