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Could a Maine Superior Court justice serve on the Lincoln and Sagadahoc MultiCounty Jail Authority board?

Short answer No. The committee concluded that Maine Constitution Article VI, Section 5 barred the justice from accepting the proposed board appointment.
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JUDICIAL-ME
Issued
December 5, 2003
Source
View Original PDF

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This page answers the general question as of 2003. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2003
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
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Plain-English summary

A Superior Court justice asked whether he could accept appointment to the board of a newly created multicounty jail authority after a county commissioner sought permission to nominate him. The committee considered the board appointment under Canon 4(C)(2) and the Maine Constitution. Source: Opinion 03-4.

Canon 4(C)(2) barred a judge from accepting an office prohibited by Article VI, Section 5 of the Maine Constitution. The committee read that constitutional provision as allowing only the named exceptions, justice of the peace and Judicial Council member, and found neither applied to this board. Source: Opinion 03-4.

It concluded that the justice was prohibited from accepting the proposed nomination to be a director of the authority. Source: Opinion 03-4.

In practice

For the proposed jail authority directorship, the committee found the constitutional prohibition controlling despite the commissioner’s request to nominate the justice. Source: Opinion 03-4.

Common questions

Q: Could the justice join the jail authority board?

A: No. The committee concluded that the Maine Constitution prohibited the proposed nomination. Source: Opinion 03-4.

Q: Did the constitutional exceptions cover this appointment?

A: No. The proposed office was neither justice of the peace nor member of the Judicial Council. Source: Opinion 03-4.

Q: Which judicial canon did the committee apply?

A: Canon 4(C)(2), which incorporated the constitutional limits on offices judges may hold. Source: Opinion 03-4.

Background and rules framework

The opinion applied Maine Code of Judicial Conduct Canon 4(C)(2) and Maine Constitution Article VI, Section 5 to the proposed appointment. It also identified the authority as created by Chapter 228 of the Public Laws of Maine 2003 and referred to 30-A M.R.S.A. §§ 1801 et seq., particularly § 1901. Source: Opinion 03-4.

Citations and references

Maine Code of Judicial Conduct:

  • Canon 4(C)(2).

Constitution and statutes:

  • Maine Constitution, Article VI, Section 5.
  • Chapter 228 of the Public Laws of Maine 2003; 30-A M.R.S.A. §§ 1801 et seq., § 1901.

See also

Source

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 03-4
Issued: December 5, 2003

Issue
May a Justice of the Superior Court accept an appointment to serve on the Board of Directors of the about-to-be-established Lincoln and Sagadahoc MultiCounty Jail Authority created by Chapter 228 of the Public Laws of Maine 2003? Statement of Facts A Justice of the Superior Court has received a request from a Lincoln County Commissioner to be allowed to place his name in nomination to serve on the Board of the Authority as the Lincoln County Commissioners designate as provided in § 1854 of Chapter 228 of P.L. of Me., 2003. The functions of the Board are described in various places in the statute creating the Authority. Reference is made to 30-A M.R.S.A. §§ 1801 et seq. snd particularly, § 1901. Discussion The inquiry made to the Committee leads the Committee to review Canon 4(C), Governmental, Civic or Charitable Activities. The pertinent portion of Canon 4, namely, Canon 4(C)(2) provides as follows: A judge shall not accept appointment to any office that judges are prohibited to hold by Article VI, Section 5 of the Maine Constitution, - - Article VI, Section 5 of the Constitution of Maine provides as follows: No justice of the Supreme Judicial Court or any other court '~ Shall hold office under the United States or any other state,

nor under this state, except as Justice of the peace or as a member of the Judicial Council.

In the view of the Committee, the proposed nomination is not to the office of justice of the peace, nor as a member of the Judicial Council. It would appear to the Committee that this provision of the Maine Constitution prohibits the Justice from accepting the proposed appointment.

Conclusion

In conclusion, the Committee is of the opinion that the Superior Court Justice is

prohibited by the provisions of the Maine Constitution from accepting the proposed nomination

to be a Director of the Authority.

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