Rule 2.10 - Judicial Statements on Pending and Impending Cases(A) A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court, or make any nonpublic statement that might subsequently interfere with a fair trial or hearing. (B) A judge shall require court staff and others subject to the judge's discretion and control to refrain from making statements that the judge would be prohibited from making.(C) Notwithstanding the restrictions, a judge may make public statements in the course of official duties and may explain court procedures. (D) Notwithstanding the restrictions, a judge may comment on any proceeding in which the judge is a litigant in a personal capacity. (E) Subject to this rule, a judge may respond directly or through a third party to statements in the media or elsewhere concerning the judge's conduct in a matter. (F) This rule is not violated by any statement a judge may make in the course of managing or deciding matters pending before the judge or in the course of fulfilling the judge's administrative responsibilities, provided that such statements are relevant to judicial proceedings or administrative matters within the judge's authority.Me. Code. Jud. Cond. 2.10
Adopted July 1, 2015, effective 9/1/2015.Advisory Notes - 2015
Rule 2.10 is a revision of 1993 Canon 3(B)(9). Subpart (E) does not have any counterpart in the 1993 Code, though it is similar to Rule 2.10(E) in the ABA Model Code. Subpart (E) clarifies that present practice allowing public response to public complaints about a judge's conduct does not violate Rule 2.10 or Canon 3(B)(9). Subpart (F) is added, perhaps to state the obvious-that Rule 2.10 is not violated by any statement made by a judge in the course of fulfilling the judge's judicial or administrative responsibilities, when the statement is relevant to those responsibilities.
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