Me. Code. Jud. Cond. 3.9
A judge shall not act as an arbitrator or mediator or perform other judicial functions apart from the judge's official duties unless expressly authorized by law. A judge conducting a case management conference, a judicial settlement conference, or a dispositional conference is not acting as an arbitrator or mediator.
Me. Code. Jud. Cond. 3.9
Advisory Notes - 2015
The first sentence of Rule 3.9 is the 2011 ABA Model Code's Rule 3.9. The second sentence is added to clarify, consistent with the Model Code comments, that a judge who presides over or participates in judicial settlement conferences, case management conferences, or dispositional conferences is not acting as an arbitrator or mediator. In Maine practice, active participation by judges in these conferences is encouraged. Judicial participation in settlement discussions is also addressed in Rules 2.6 and 2.9.
Rule 3.9 is similar to 1993 Canon 4(F). However, 1993 Canon 4(F) explicitly states that performing functions as an arbitrator or mediator "in a private capacity" is prohibited. That prohibition is implicit in the first sentence of Rule 3.9.
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