Me. Code. Jud. Cond. 4.2

As amended through September 25, 2024

Rule 4.2 - Political Conduct of Candidates for Election as Judge of Probate

(A) A candidate for election or reelection as judge of probate shall comply with the applicable provisions of Rule 4.1, Rule 4.3, and Rule 4.4, except as provided in section B of this Rule.

(B) A candidate for election or reelection as judge of probate may, while a candidate:

(1) Appear in newspaper, television, and other media advertisements supporting his or her candidacy;

(2) Speak to gatherings on his or her own behalf;

(3) Publicly endorse or oppose any candidate for public office;

(4) Distribute pamphlets and other promotional campaign literature supporting his or her candidacy; and

(5) Permit the candidate's name:

(a) To be listed on election materials along with the names of other candidates for elected office; and

(b) To appear in promotions of the ticket.

(C) A candidate for election or reelection as judge of probate shall not:

(1) Personally solicit or accept campaign contributions or personally solicit publicly stated support; or

(2) Use or permit the use of campaign contributions for the private benefit of the candidate or others.

Me. Code. Jud. Cond. 4.2

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

Advisory Notes - 2015

Rule 4.2 is the equivalent of most of 1993 Canon 5(C). Rule 4.2(B) replaces Canon 5(C)(2) and (4) but with some reordering and slight rewording of the numbered subsections. Rule 4.2(C) is equivalent to 1993 Canon 5(C)(3), but is limited to the "shall not" prohibitions. The new Rule 4.2(C) does not list specific, approved campaign activities, out of concern for being under inclusive.

1993 Advisory Committee's Note to Canon 5(C)

Canon 5C applies to any candidate, whether an incumbent or not, for election or reelection as judge of probate-Maine's only elective judicial office. Canon 5C(1) subjects a candidate for election to the limits on general political conduct imposed on judges by Canon 5A(1), with certain specific exceptions contained in sections (2)-(4). The effect of the exceptions is to level the field in a contest between an incumbent and a non-judge. Candidates for election are also subject to the general restrictions imposed on candidates for appointment by proposed Canon 5B. The exceptions supplement the general exception of probate judges from restrictions on political activity by making clear that specific campaign activities are permitted for incumbents and challengers alike. Activities other than those permitted are forbidden as "other political activity" under Canon 5A(l)(f). Cf. ABA Model Code (1990), Commentary to Section 5C(1).

In soliciting and managing campaign funds, committees should be instructed "to solicit or accept only contributions that are reasonable under the circumstances" and should avoid "deficits that might necessitate post-election fund-raising to the extent possible." Id. Commentary to Section 5C(2). Canon 5C(3) prohibits personal solicitation "of publicly stated support." This provision does not prevent a candidate from soliciting individual voters to secure their votes. The subsection also permits a campaign committee to solicit both "reasonable" contributions and public support from lawyers. Note that "campaign contributions of which a judge has knowledge, made by lawyers or others who appear before the judge, may be relevant to disqualification under Section 3E." Id. Canon 5C(4) is intended "to permit basic campaign publicity by judicial candidates in public elections." ABA Model Code (1990), Committee Note to Section 5C(3).

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