Me. Code. Jud. Cond. 2.8

As amended through November 25, 2024

Rule 2.8 - Decorum, Demeanor, and Communication with Jurors

(A) A judge shall require order and decorum in proceedings before the court.

(B) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, law enforcement and corrections officers, members of the public, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officers, and others subject to the judge's direction and control.

(C) A judge shall not commend or criticize jurors for their verdict other than in a court order or opinion in a proceeding, but may express appreciation to jurors for their service to the judicial system and the community.

Me. Code. Jud. Cond. 2.8

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

Advisory Notes - 2015

Rule 2.8(A) is identical to 1993 Canon 3(B)(3), except for the substitution of the word "court" for the word "judge" at the end of the sentence. The 1993 Advisory Committee's Note to Canon 3(B)(3) indicated that it stated "a rule of reason" for control of conduct of persons subject to the judge's direction and control. Rule 2.8(B) is similar to 1993 Canon 3(B)(4) although it substitutes "shall" for "should" in addressing the judge's responsibilities regarding the conduct of others. Rule 2.8(C) is identical to 1993 Canon 3(B)(10), though the language after "proceeding" does not appear in the ABA Model Code. The 1993 Advisory Committee's Note to Canon 3(B)(10) indicated that it was

intended to protect jurors from improper influence by judges and "to preserve the appearance of fairness in judicial decision-making." ABA Model Code (1990), Committee Note to Section 3B(10). The provision reflects the concern, found also in ABA Standards of Juror Use and Management, Standard 18(a), that commendation or criticism "may imply a judicial expectation in future cases and may impair a juror's ability to be fair and impartial in a subsequent case." ABA Model Code (1990), Commentary to Section 3B(10) and Committee Note to Commentary.

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