Me. Code. Jud. Cond. 3.4
A judge shall not accept appointment to a governmental committee, board, commission, or other governmental position unless it is one that concerns the law, the legal system, or the administration of justice.
Me. Code. Jud. Cond. 3.4
Advisory Notes - 2015
Rule 3.4 is identical to Rule 3.4 in the 2011 ABA Model Code. Interpretation of Rule 3.4 must recognize the complete separation of powers required by Article III of the Maine Constitution and the limitation on judges holding office specified in Article VI, §5 of the Maine Constitution. See In re Dunleavy, 2003 ME 124, ¶¶ 6, 18-19, 24, 838 A.2d 338 (holding that a Probate Judge could not run for the State Senate while holding the office of probate judge, and that a statute that purported to allow a sitting judge to seek an elective office would be violative of Article III of the Maine Constitution if so construed).
The prohibition on judges seeking other elected offices is stated in Rule 4.5(A). There is a similar ban on a judge holding other appointed offices, but a judge seeking an appointed office may remain a judge while seeking the appointed office. See Rule 4.5(B). A judge may remain a judge while seeking appointment to any executive, legislative, or other judicial office when securing the office does not require an election, respecting of course the directives of Rules 1.3 and 2.1.
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