Me. Code. Jud. Cond. 4.3

As amended through September 25, 2024

Rule 4.3 - Political Conduct of Candidates Seeking Appointments to Judicial Office

(A) A candidate for appointment to judicial office shall maintain the dignity appropriate to judicial office and act in a manner consistent with the integrity and independence of the judiciary.

(B) A candidate for appointment to judicial office may

(1) Communicate with the appointing or confirming authority, including any selection, screening, or nominating commission or similar agency; and

(2) Seek endorsements for the appointment from any person or organization other than a partisan political organization.

(C) A candidate for appointment to judicial office shall not

(1) Make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office;

(2) Make any statement that would reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in connection with cases, controversies, or issues that are likely to come before the court; or

(3) Knowingly or with reckless disregard for the truth make any false or misleading statement.

(D) A judge who is a candidate for reappointment, or for appointment to another judicial or nonjudicial office, shall also comply with the Rules of this Canon.

Me. Code. Jud. Cond. 4.3

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

Advisory Notes - 2015

Rule 4.3 is the replacement for 1993 Canon 5(B). Rule 4.3(A) is equivalent to 1993 Canon 5(B)(1). Rule 4.3(B) relating to solicitation of support is new, although it reflects long-standing practice. Rule 4.3(C) is equivalent to 1993 Canon 5(B)(2). Rule 4.3(D) is the equivalent of 1993 Canon 5(A)(2).

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

Canon 5B governs the political conduct of all candidates for appointment (and, by virtue of Canon 5A(2), reappointment) to judicial office. The purpose of Canon 5B(1) is to require all candidates for judicial appointment to adhere to the basic principles of Canons 1 and 2 requiring judges to display high standards of conduct to maintain the integrity and independence of the judiciary. (A judge who is a candidate is, of course, subject to the entire Code in activities related to the candidacy. See discussion of Canon 5A(2) above.) The purposes of Canon 5B(2) are to protect candidates from public or legislative pressure to make inappropriate commitments on issues as a condition of appointment and to provide sanctions for actual false statements in the appointment process. The Commentary to ABA Model Code (1990), Section 5A(3)(d), the comparable provision, states, that as a corollary to the prohibition against commitments, "a candidate should emphasize in any public statement the candidate's duty to uphold the law regardless of his or her personal views." Note that Canon 5B(2) "does not prohibit a candidate from making pledges or promises respecting improvements in court administration." Id. The provision also does not apply to private statements by judges to other judges or court personnel concerning judicial business, but it does apply "to any statement made in the process of securing judicial office, such as statements to commissions charged with judicial selection and tenure and legislative bodies confirming appointment." Although there is no express provision governing actions by family members and employees, a judge is subject to a more general responsibility for assuring or encouraging conduct in accordance with the Code that would apply to at least some political activity. See Canons 2B, 3C(2), 4D(5).

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