Me. Code. Jud. Cond. 4.5

As amended through November 25, 2024

Rule 4.5 - Activities of Judges Who Become Candidates for Nonjudicial Office

(A) A judge shall resign from judicial office upon becoming a candidate for any elective office, except that a judge of probate may be a candidate for reelection while holding that office, provided the judge complies with the provisions of Rule 4.2.

(B) Upon becoming a candidate for a nonjudicial appointive office, a judge is not required to resign from judicial office, provided that the judge complies with the other provisions of this Code.

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

Advisory Notes - 2015

Rule 4.5(A) is the equivalent of 1993 Canon 5(A)(3). Rule 4.5(B) is new although it reflects long-standing practice. Rule 3.4 addresses some issues that are also addressed in Rule 4.5.

The validity of 1993 Canon 5(A)(3), now Rule 4.5(A), was affirmed when its constitutionality was challenged by a Probate Judge who ran for a legislative office without resigning from the Probate Judge position. In re Dunleavy, 2003 ME 124, ¶¶ 15-24, 838 A.2d 338 (holding that Canon 5(A)(3) was constitutional and prohibited the judge from running for the State Senate while maintaining the judicial office).