Me. Code. Jud. Cond. 3.3

As amended through November 25, 2024
Rule 3.3 - Testifying as a Character Witness

A judge shall not testify as a character witness in a judicial, administrative, or other adjudicatory proceeding, or otherwise vouch for the character of a person in a legal proceeding, except when duly summoned.

Me. Code. Jud. Cond. 3.3

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

Advisory Notes - 2015

Rule 3.3 is similar to 1993 Canon 2(B). The history of this provision and its reference to "in a legal proceeding" indicates that it is focused on proscribing testimony before adjudicatory fact-finding hearings as a character witness. This restriction is designed to prevent misuse of the prestige of the judicial office, and to help assure that no one can convey the impression that he or she is in a special position to influence the judge as addressed in Rule 1.3. See 1993 Canon 2(B) and its related Advisory Committee's Notes.

Rule 3.3 does not prevent a judge from responding to an appropriate inquiry about the qualifications, skills, or integrity of an individual whose work the judge has observed in the course of performing his or her judicial duties. Such comments may be requested and responded to in the course of an investigation of an individual being considered for hiring or appointment to another position.

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