Did Maine’s Judicial Ethics Committee decide whether a bail commissioner could run for city council?

Plain-English summary

A bail commissioner asked whether he or she could run for city council without resigning and, if elected, continue serving as a bail commissioner. The committee reviewed the Maine Bail Code and the scope of the Maine Code of Judicial Conduct. Source: Opinion 02-6.

The committee noted that the Bail Code defined “judicial officer” to include bail commissioners for that statute. It concluded, however, that the Code of Judicial Conduct did not cover bail commissioners and that the Code’s drafters had not intended it to do so. Source: Opinion 02-6.

The opinion suggested that the Chief Judge of the District Court, at whose pleasure bail commissioners serve, could decide whether an elected city council member should continue as a bail commissioner. The committee concluded that it was not the proper body to answer the candidacy inquiry. Source: Opinion 02-6.

In practice

The committee made no ruling that city council candidacy or service was permitted or prohibited for a bail commissioner. It placed the continuation question within the Chief Judge’s discretion. Source: Opinion 02-6.

Common questions

Q: Did the committee permit a bail commissioner to run for city council?

A: No permission ruling was made. The committee said it was not the proper body to respond. Source: Opinion 02-6.

Q: Does the Code of Judicial Conduct apply to bail commissioners, according to this opinion?

A: No. The committee distinguished the Bail Code’s definition of “judicial officer” from the scope of the Code of Judicial Conduct. Source: Opinion 02-6.

Q: Who could decide whether an elected commissioner continued serving?

A: The committee said the Chief Judge of the District Court had discretion because bail commissioners serve at that judge’s pleasure. Source: Opinion 02-6.

Background and rules framework

The committee compared the Maine Bail Code, 15 M.R.S.A. § 1001 et seq., with the Maine Code of Judicial Conduct effective September 1, 1993. It found that the latter did not address bail commissioners despite their inclusion as “judicial officers” for Bail Code purposes. Source: Opinion 02-6.

Citations and references

Statutes:

• Maine Bail Code, 15 M.R.S.A. § 1001 et seq.; Chapter 758 of the Public Laws of Maine 1987.

See also

• ME Judicial Ethics Op. 05-4: Spouse Campaign Launch
• ME Judicial Ethics Op. 03-1: Subpoenaed Judicial Testimony

Source

• Landing page: Maine advisory-opinion index
• Original PDF: Opinion 02-6

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

JUDICIAL ETHICS COMMITTEE
Advisory Opinion 02-6
Issued: 11/04/2002

Issue

May a bail commissioner become a candidate for city council without resigning his/her position? If the answer is yes, if elected, may the bail commissioner continue acting as a bail _ commissioner? |

Statement of Facts
A bail commissioner is a creature of statute. The Maine Bail Code was rewritten and modernized by Chapter 758 of the Public Laws of Maine 1987, and is now found in 15 M.R.S.A.
§ 1001 et seq.

The statute provides in part, “The Chief Judge of the District Court may appoint one or more residents of the State as bail commissioners. A bail commissioner serves at the pleasure of the Chief Judge of the District Court, but no term for which a bail commissioner is appointed may exceed 5 years. The Chief Judge of the District Court shall require bail commissioners to

complete the necessary training requirements set out in this section. Bail commissioners have

‘the powers of notaries public to administer oaths or affirmations in sarevitig out their duties.” The statute further provides that they are immune from civil liability for acts performed within the scope of their duties. Their judicial jurisdiction is very limited. They may set preconviction bail; however, in certain instances where preconviction bail for any defendant confined in jail or held under arrest by virtue of any order issued by a court in which bail has not been authorized, they may not set bail. In addition, a bail commissioner may not change the

amount of bail that has been set by a court.

We have noted that under the Maine Bail Code, a “judicial officer” includes the court as defined in subsection 2 (a Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District Court Judge or active retired judge) and a bail commissioner.

Discussion

A review of the Maine Code of Judicial Conduct effective September 1, 1993 seems to refer to judges throughout. No mention is made of bail commissioners.

While the Legislature has defined the word judicial officer for the purpose of the Maine Bail Code to include bail commissioners, we do not believe that the Code of Judicial Conduct, which this Committee applies, covers the activities of bail commissioners, nor did the drafters so intend.

It would seem to the Committee that since bail commissioners serve at the pleasure of the Chief Judge of the District Court, it would be within the Chief Judge’s discretion to decide whether or not a bail commissioner who runs for a City Council position, and is elected, should no longer serve as a bail commissioner.

Conclusion
The Committee is of the view that it is not the proper body to respond to the inquiry

presented.

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