Wescott v. Stanfill
── Wescott v. Stanfill ──
Case No.: 25-1324
Court: Court of Appeals for the First Circuit
Date: April 02, 2026
Category: General
United States Court of Appeals
For the First Circuit
No. 25-1324
E. DAVID WESCOTT, an individual residing in Dedham, County of
Hancock, State of Maine; RUSSELL JOHNSON BEAUPAIN, a Maine
Limited Liability Company,
Plaintiffs, Appellants,
v.
HON. VALERIE STANFILL, in their official capacity as Chief
Justice, Maine Supreme Judicial Court; AMY QUINLAN, ESQ., in
their official capacity as State Court Administrator for the
State of Maine, Judicial Branch; MAINE JUSTICE FOUNDATION,
Defendants, Appellees,
MAINE BOARD OF OVERSEERS OF THE BAR,
Defendant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Lance E. Walker, U.S. District Judge]
Before
Barron, Chief Judge,
Howard and Rikelman, Circuit Judges.
Kyle Singhal, with whom Stephen C. Smith, Hopwood & Singhal
PLLC, and Steve Smith Trial Lawyers were on brief, for appellants.
Jason Anton, Assistant Attorney General, with whom Aaron M.
Frey, Attorney General, Thomas A. Knowlton, Deputy Attorney
General, and Heather A. Francis, Assistant Attorney General, were
on brief, for appellees Valerie Stanfill and Amy Quinlan.
Julia B. MacDonald, with whom Gavin G. McCarthy and Pierce
Atwood LLP were on brief, for appellee Maine Justice Foundation.
McDermott Will & Schulte, Ethan H. Townsend, Wilber H. Boies,
Gabrielle L. Siroonian, and Maura R. Cremin on brief for National
Association of IOLTA Programs, Massachusetts IOLTA Committee,
Rhode Island Bar Foundation, and Fundación Fondo de Acceso a la
Justicia, as amici curiae supporting appellees.
April 2, 2026
BARRON, Chief Judge. In this appeal, we confront an
as-applied challenge to Maine's Interest on Lawyers' Trust
Accounts ("IOLTA") program. The plaintiffs -- a law firm and one
of its clients -- contend that the program unconstitutionally
compels their speech by requiring the firm to place the client's
funds in a special pooled account, see Me. Bar R. 6(a), (c)(1),
and then directing a nonprofit organization to distribute the
resulting interest to other organizations to "maintain and
enhance . . . access to justice in Maine," id. 6(e)(3). The
defendants are the Chief Justice of the Maine Supreme Judicial
Court, the State Court Administrator for Maine's Judicial Branch,
and Maine Justice Foundation, the nonprofit corporation charged
under the program with disbursing the interest.1 The United States
District Court for the District of Maine dismissed the claims
against the Chief Justice and State Court Administrator on the
merits and dismissed the claim against Maine Justice Foundation
for lack of jurisdiction. The plaintiffs challenge those rulings
on appeal. We affirm.
1 The operative complaint also named the Maine Board of
Overseers of the Bar (the "Board") as a defendant, but the
plaintiffs later agreed that the Board was shielded from suit by
sovereign immunity. The portion of the District Court's order
dismissing the claim against the Board on sovereign immunity
grounds is not at issue in this appeal.
- 3 -
I.
A.
The Maine Supreme Judicial Court created Maine's IOLTA
program in the mid-1980s. IOLTA: Interest on Lawyers' Trust
Accounts, State of Me. Bd. of Overseers of the Bar (Mar. 26, 2026),
https://www.mebaroverseers.org/attorney_services/registration/io
lta.html [https://perma.cc/SX3N-FZ6A]. In Maine, as elsewhere,
"attorneys are frequently required to hold clients' funds for
various l
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}