Me. Code. Jud. Cond. 2.6

As amended through September 25, 2024

Rule 2.6 - Ensuring the Right to Be Heard

(A) A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, the right to be heard according to law.

(B) A judge may encourage parties to a proceeding and their lawyers to settle matters in dispute but shall not act in a manner that forces any party to settle. A judge may participate in case management conferences, judicial settlement conferences, and dispositional conferences, and such participation alone does not disqualify the judge from participating in later adjudicatory proceedings.

(C) A judge may take affirmative steps, consistent with the law, as the judge deems appropriate to enable an unrepresented litigant to be heard. A judge may explain the requirements of applicable rules and statutes so that a person appearing before the judge understands the process to be employed. A judge may also inform unrepresented individuals of free or reduced cost legal or other assistance that is available in the courthouse or elsewhere.

Me. Code. Jud. Cond. 2.6

Adopted July 1, 2015, effective 9/1/2015.

Advisory Notes - 2015

Rule 2.6(A) is identical to the first sentence of 1993 Canon 3(B)(7). Most of the remainder of 1993 Canon 3(B)(7), however, discusses ex parte communications. Section B(7)(d) of 1993 Canon 3 discusses approved judicial settlement promotion practices, but in terms different from new Rule 2.6(B). Thus, 1993 Canon 3(B)(7)(d) states: "A judge may, with the consent of the parties, confer separately with the parties with or without their lawyers present, or separately with their lawyers alone, in an effort to mediate or settle matters pending before the judge." Rule 2.6(B) indicates that judges who participate in trial management or settlement discussions or dispositional conferences may also preside at adjudicatory proceedings in the same case. However, a judge who participates in a formal settlement conference when there is an explicit understanding that another judge will conduct any trial or contested hearing, is disqualified from further participation in that case, other than placing any settlement reached on the record and, when necessary, enforcing a settlement that has been reached, unless the parties explicitly agree otherwise.

There is no Rule 2.6(C) in the ABA Model Code. Rule 2.6(C) is similar to 1993 Canon 3(B)(12) which states: "A Judge may explain the requirements of applicable rules and statutes so that a person appearing before the judge understands the process to be employed. A judge may also inform unrepresented persons of free legal aid and similar assistance that is available in the courthouse or otherwise." A change in the Rule adds the capacity to provide information about reduced cost assistance that may be available.

Rule 2.6 should be regarded as providing continuing ethical guidance for judges participating in case management and settlement discussions, and for judges providing appropriate support for unrepresented litigants to assure that the goals of fairness and equal access to the judicial process are supported.

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