Me. Code. Jud. Cond. 2.5
Me. Code. Jud. Cond. 2.5
Advisory Notes - 2015
Rule 2.5 is identical to Rule 2.5 in the 2011 ABA Model Code. The Comments to the ABA Model Code state:
[1] Competence in the performance of judicial duties requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary to perform a judge's responsibilities of judicial office.
[2] A judge should seek the necessary docket time, court staff, expertise, and resources to discharge all adjudicative and administrative responsibilities.
[3] Prompt disposition of the court's business requires a judge to devote adequate time to judicial duties, to be punctual in attending court and expeditious in determining matters under submission, and to take reasonable measures to ensure that court officials, litigants, and their lawyers cooperate with the judge to that end.
[4] In disposing of matters promptly and efficiently, a judge must demonstrate due regard for the rights of parties to be heard and to have issues resolved without unnecessary cost or delay. A judge should monitor and supervise cases in ways that reduce or eliminate dilatory practices, avoidable delays, and unnecessary costs.
Rule 2.5 is similar to 1993 Canon 3(C)(1), but with references to bias removed, as bias issues are covered in other Rules, including Rule 2.3 and Rule 3.6, in this redraft. In paragraph (B) "shall" is substituted for the 1993 Canon's "should." The 1993 Advisory Committee's Note for Canon 3(C)(1) stated:
Canon 3C covers a judge's administrative responsibilities. Canon 3C(1) is intended "to prohibit a judge from manifesting bias or prejudice in the performance of administrative duties and to encourage, rather than to require, the more practicable duty of cooperation rather than facilitation" in dealings with other court personnel. ABA Model Code (1990), Committee Note to Section 3C(1). Thus, "should," rather than "shall," is used in the second sentence. See also Canons 2C, 3B(5), (6).
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