Maine Advisory Committee on Judicial Ethics Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Maine Advisory Committee on Judicial Ethics, with full citations and source links on every page.
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Could a Maine probate judge pay for a radio advertisement supporting a courthouse bond referendum?
The committee could not give a definitive answer. A majority viewed the proposed court improvements as a permissible administration-of-justice measure under Canon 5, but members raised concerns…
Could a Maine judge attend a trial lawyers association reception and pay a reduced ticket price?
Yes. The committee concluded that the judge could attend the reception and dinner and pay the event-cost-only rate, avoiding the fundraising contribution included in the regular ticket.
Could a Maine judge work as a cashier at a nonprofit fundraiser after the 2005 Code amendment?
The committee said the 2005 amendment permitted the described fundraiser work if the judge’s participation could not reasonably be seen as directly soliciting funds; it declared Opinion 97-3 no…
Could a Maine judge in non-active retirement announce a new ADR practice to former judicial colleagues?
The committee concluded that the non-active retired judge was no longer subject to the Maine Judicial Code. It expressly declined to address lawyer-advertising questions under the Rules of…
Could a sitting Maine probate judge serve as an expert witness for a lawyer accused of malpractice?
No. The committee concluded that the probate judge should decline the requested expert-witness role in a will-drafting malpractice matter.
Must a Maine judge recuse when a future son-in-law’s law firm appears before the judge?
The firm’s appearance alone did not require recusal. If the son-in-law personally worked on the matter and a party moved for recusal, the committee said the judge must disqualify; without a motion,…
When must a Maine judge recuse if the Attorney General is the judge’s sister-in-law?
The committee said recusal was required on a party’s request when the Attorney General personally directed or approved decisions in the case. After disclosure, no objection meant no Code violation;…
Could a Maine justice donate book royalties to a law library that publicizes the donation?
Yes. The committee concluded that donating the royalties and the library’s publicity about the gift did not violate the Code on the described facts.
Could a Maine Superior Court judge accept an unpaid appointment to count town election ballots?
No. The committee treated the sworn ballot-counter position as an office under Maine and concluded that Canon 4(C)(2) barred the judge from accepting it.
Could a Maine bar association hold a testimonial dinner for a judge who might continue as an active retired judge?
Yes. The committee said Canon 4D(5)(a)’s public-testimonial exception allowed the county bar association to honor the judge for his service.
Could a Maine justice accompany her spouse on a trip he won in a no-purchase sweepstakes?
Yes. On the stated facts, the committee found no Judicial Code violation because the prize went to the spouse and the justice was only an incidental beneficiary.
Could a Maine District Court judge chair a court advisory committee on children and families?
Yes. The committee concluded that the judge could perform the Chief Justice’s assigned administrative duties because the work concerned the law, legal system or administration of justice.
Could a Maine probate judge represent a legislative candidate in an election recount?
Yes. The committee concluded that representing the candidate in the specified legislative recount was not prohibited by the Maine Code of Judicial Conduct.
Could a Maine probate judge chair a gubernatorial campaign committee, and what if the judge was seeking reelection?
The committee said a probate judge who was not a judicial candidate could chair the gubernatorial committee, while a probate judge seeking reelection remained subject to Canon 5(C) and the…
Could a Maine probate judge attend and speak at her husband’s gubernatorial campaign announcement?
Yes. The committee allowed her to appear and speak in a nonjudicial capacity, while noting that Canon 5A(1)(e) still barred soliciting campaign contributions.
Could a Maine judge perform with a band at a free gathering where other members seek voluntary charity donations?
The committee found no Canon 4(C)(3)(b) violation if the judge followed all the proposed precautions, including no judicial title, no association with a selected charity and no handling or…
Could a new Maine judge wait until year-end to calculate his share of former-firm income?
No. The committee rejected deferring the calculation until year-end; it said the amount due for pre-bench work should be fixed when the judge took office, and the judge must recuse from matters…
Could a Maine probate judge invoke the failure-of-justice exception instead of recusing from cases involving former campaign opponents?
The committee said the judge had not exhausted ways to find another judge or court and that Canon 3E(5) applied only in most unusual and extraordinary circumstances.
Could a Maine Superior Court justice serve on the Lincoln and Sagadahoc MultiCounty Jail Authority board?
No. The committee concluded that Maine Constitution Article VI, Section 5 barred the justice from accepting the proposed board appointment.
Could a Maine probate judge report a personal representative’s apparent diversion of estate assets and remain on the case?
Yes. The committee said Canon 2(A) supported reporting when a crime was substantially likely, and reporting alone did not require recusal.
Could a Maine probate judge allow a robed adoption photograph to appear in a charity’s fundraising brochure?
No. The committee found participation inappropriate under the canons restricting use of judicial prestige to advance private interests or fundraising.
Could a Maine probate judge testify under subpoena in an arbitration involving court staff?
Yes. The committee concluded that a judge could be subpoenaed as a witness in an adjudicatory proceeding if the judge was not presiding in that proceeding.
Could Maine district and probate judges answer a confidential federal survey about child and family services?
Yes. The committee saw no problem with the confidential survey described, while cautioning that other surveys could raise concerns about pending cases or apparent bias.
Could a Maine judge continue serving on educational and charitable nonprofit boards?
Yes, on the stated facts. The committee found no likely litigation conflict but applied Canon 4(C)(3)’s limits on fundraising and court involvement, with possible disqualification if an organization…
Did Maine’s Judicial Ethics Committee decide whether a bail commissioner could run for city council?
No. The committee concluded that the Code of Judicial Conduct did not cover bail commissioners and that it was not the proper body to answer the inquiry.
Did Maine Canon 5(A)(3) require a probate judge to resign when running for state senate?
Yes. The committee applied Canon 5(A)(3) as written and concluded that the judge had to resign upon becoming a state senate candidate; it declined to decide the claimed conflict with statute or…
Could a Maine judge speak at a luncheon held primarily to raise funds for a charity?
No. The committee concluded that speaking at the described fundraising luncheon would involve judicial prestige and personal participation in fundraising under Canons 4 and 2.
Could the Maine Judiciary receive token gifts for visiting chief justices at a national conference?
Yes. The committee concluded that the judiciary could receive and pass on the low-value gifts intended for visiting chief justices without violating the Code.
Could a Maine judge join a committee raising money for a local hospital renovation?
No. The committee concluded that the judge’s participation on the hospital fundraising committee would violate Canons 2(B) and 4(C)(3)(b)(i).
Could a Maine judge accept a free “Judicial Fellow” membership in a trial lawyers association?
No. The committee found the no-cost membership inappropriate under Canon 5(C)(4) and said association with the group might cast doubt on judicial impartiality under Canon 4(A)(1).
Did Maine’s former judicial code permit a judge to work in a family Christmas tree business?
Yes, on the stated facts. The committee applied Canon 4D(3)’s family business exception, subject to limits against exploiting judicial office and frequent dealings with people likely to appear in court.
Did Maine’s former judicial code require a trial judge to report a nonlawyer’s crime revealed during trial?
Generally no. The committee found no Code reporting duty beyond Canons 3D(1) and (2) for judge and lawyer misconduct, while noting that the Code did not prohibit a report.
Did a Maine judge’s state health coverage itself require recusal from a case involving the insurer?
No, as a general matter. The committee found no automatic disqualification based solely on the judge’s state-provided coverage, while reserving case-specific bias or other connections.
Could a Maine probate judge moderate a televised public affairs program with legislators?
No. The committee treated moderating the described discussion as political activity under Canon 5A(1)(f), outside the probate-judge exception for attending political gatherings.
Could a Maine probate judge identify both judicial office and law practice in an estate planning article byline?
No. The committee rejected a byline naming both roles under Canon 2B and considered omitting the judicial title the more cautious course even if the law firm was not named.
What political events and campaign activities did Maine’s former judicial code allow probate judges and candidates?
The committee allowed attendance and some party roles but barred political contributions, ticket purchases, and personal solicitation of campaign money or public support under the former Canons.
Could a Maine judge serve as a town meeting moderator or municipal appeals board member?
No. The committee found that both roles were governmental offices within Canon 4C(2) and Maine Constitution Article VI, Section 5, outside the stated exceptions.
Could a Maine judge write a recommendation and use judicial letterhead?
Yes, if based on personal knowledge; letterhead was permitted when that knowledge came through the court system. The committee found letterhead inappropriate when the basis was unrelated to judicial…
Could a Maine trial judges association accept a $1,000 gift or honorarium from a trial lawyers association?
No. The committee treated the association payment as benefiting its judge members and found it impermissible under the former gift and honorarium Canons.
Did Maine’s Judicial Ethics Committee decide whether a probate-judge political activity statute displaced the Canons?
No. The committee described an apparent conflict but declined to give a constitutional opinion on whether the statute displaced the Canons.
Under the former Maine judicial code, could a judge act as cashier at a charity book sale or food stand?
No. The committee then read Canon 4(C)(3)(b)(i) to bar visible fundraising participation while allowing work behind the scenes.
Could a Maine judge answer a confidential survey evaluating child welfare agency performance?
Yes. The committee found that the strictly confidential responses were not public comment under Canon 3(B)(9) and saw no Code problem with the described survey.
Could a Maine judge accept a $5,000 college award recognizing work as a lawyer and judge?
The committee unanimously allowed the award under the public-testimonial gift rule, but a majority found accepting the $5,000 prize would violate Canon 2A; donating it afterward did not change that result.
Did a judge have to recuse when the judge’s spouse briefly represented a plaintiff’s former husband in a related divorce?
No, on the stated facts. The committee approved disclosure but found the spouse’s brief, uncompensated, tangential representation did not reasonably call the judge’s impartiality into question.
Could a Maine probate judge seek election to a nonprofit museum board or serve on a bank board?
Private board election did not trigger Canon 5A(3)’s political-office resignation rule. The committee found nonprofit museum service potentially permissible under Canon 4C, but lacked facts to…
Did a party’s complaint and public criticism require a Maine divorce judge to recuse from later motions?
Not under the objective test on the stated facts. The committee said recusal was required only if the judge personally could not remain impartial under Canon 3E(1).
Could a Maine active-retired Superior Court justice mediate private cases while unassigned?
No. The committee said the Code applied to active-retired justices and Canon 4(F) barred private service as an arbitrator or mediator.
What could a Maine judge do while the judge’s spouse ran for the legislature under the former Code?
The committee barred campaigning, campaign events, contributions and visible endorsements, while allowing ordinary social appearances unrelated to the spouse’s candidacy.
Could a Maine judge answer the bar overseers’ factual question about a pending divorce case and decline to explain the ruling?
Yes. The committee said the judge could answer whether alimony was requested, but could not be compelled to explain why alimony was denied.
Could a Maine judge attend the civil liberties union’s award dinner at a judge-only reduced price?
The majority allowed attendance in general but called the reduced price a technical Canon 5(C)(4) violation because it was a favor unavailable to other guests.
Did Maine’s former judicial code allow court participation in a bar foundation funded judicial education project?
Yes. A committee majority found the project permissible under the judicial Code because funding benefited the court system professionally, while acknowledging a separate bar ethics opinion…
Did a Maine judge have to recuse from prosecutions by an office headed by the judge’s spouse’s brother?
Yes. The committee found the district attorney’s control of the office gave that relative a more than minimal interest in its cases, requiring recusal even when another prosecutor appeared.
When did a spouse’s law firm lobbying for sheriff and trial lawyer groups call for a Maine judge’s recusal?
The committee found recusal generally appropriate when either association was a party, but required case-specific analysis for individual members; disclosure had a lower threshold than disqualification.
Could a Maine judge bid at a foreclosure auction after signing case documents?
A judge who only signed a ministerial abstract could bid; a judge who signed the foreclosure judgment could not. Later releases from the parties did not cure the appearance problem.
Did a potential labor dispute and witness role require a Maine judge to leave a private school board?
No. The committee found neither board service nor possible testimony automatically required resignation, while identifying separate recusal concerns if the school’s interests came before the judge.
Did a Maine judge have to recuse whenever an attorney general’s office lawyer appeared because her spouse supervised its criminal division?
No blanket office-wide recusal was required. The committee found no automatic recusal for unrelated civil divisions, but expected recusal from attorney general criminal cases and discussed…
Did a party’s lawsuit against a Maine judge or the judge’s complaint against a lawyer automatically require recusal?
No. The committee applied impartiality and reasonable appearance standards, finding no automatic recusal for a plainly meritless or tactical party complaint or for a prior lawyer complaint or…
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Legal ethics opinions from the Maine Advisory Committee on Judicial Ethics interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.