Me. Code. Jud. Cond. 2.4
Me. Code. Jud. Cond. 2.4
Advisory Notes - 2015
Rule 2.4 follows Rules 2.4(A) and (B) of the ABA Model Code. Rule 2.4(A) is similar to the second sentence of 1993 Canon 3(B)(2) ("A judge shall not be swayed by partisan interests, public clamor, or fear of criticism."). Rule 2.4(B) is similar to the first sentence of 1993 Canon 2(B) ("A judge shall not allow family, social, political, or other relationships to influence the judge's judicial conduct or judgment."). Rule 2.4(B) adds "financial" to the list of interests or relationships that shall not influence judicial conduct. Issues relating to a judge's financial activities are addressed in Rule 3.11 and its Advisory Notes. Perhaps because the two provisions were short and specific, neither was subject to much comment in the 1993 Advisory Committee's Notes.
Rule 2.4(C) of the ABA Model Code, relating to others conveying the impression that they have special influence with the judge, is now part of Rule 1.3, as it was part of 1993 Canon 2(B). The 2011 ABA Model Code Comment to Rule 2.4 stated:
| An independent judiciary requires that judges decide cases according to the law and facts, without regard to whether particular laws or litigants are popular or unpopular with the public, the media, government officials, or the judge's friends or family. Confidence in the judiciary is eroded if judicial decision making is perceived to be subject to inappropriate outside influences. |
Judges can be subject to discipline for conduct in private matters. In In re Cox, 658 A.2d 1056, 1057-58 (Me. 1995), the Court disciplined a former judge by disbarment from the practice of law for what the Court described as "avaricious and dishonest conduct" involving fraud committed in a private real estate transaction that occurred while sitting as a judge. The judge's private conduct had led to complaints to the Committee following the trial described in Ferrell v. Cox, 617 A.2d 1003 (Me. 1992).
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