Me. Code. Jud. Cond. 3.5
A judge shall not intentionally disclose or use nonpublic information acquired in a judicial capacity for any purpose unrelated to the judge's judicial duties, except that disclosure of nonpublic information is allowed when reasonably necessary to protect public health and safety.
Me. Code. Jud. Cond. 3.5
Advisory Notes - 2015
Rule 3.5 is similar to Canon 3(B)(11) in the 1993 Code, and the first part of Rule 3.5 is identical to Rule 3.5 in the 2011 ABA Model Code. The ABA Model Code Comments note that in their official duties judges "may acquire information of commercial or other value that is unavailable to the public. The judge must not reveal or use such information for personal gain or for any purpose unrelated to his or her judicial duties." Comment [2] then notes an important exception: "The rule is not intended . . . to affect a judge's ability to act on information as necessary to protect the health or safety of the judge or a member of the judge's family, court personnel, or other judicial officers if consistent with other provisions of this Code." Extending this health and safety exception to the bar and the general public reflects a modern understanding of the extent of the information presented to and/or statements made to courts. Rule 3.5 from the ABA Model Code is amended to include in the Rule such an exception for acts or disclosures reasonably necessary to protect public health and safety.
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