An Act to Formalize a Process for Reviewing the Conduct of Judges
Maine Legislature, Session 132, LD 1810
Sponsors: LEE, BAILEY
Amends: 4 MRSA §9-B, 5 MRSA §12004-B, 5 MRSA §12004-G, 4 MRSA §72

Legislative Document
No. 1810
H.P. 1211
House of Representatives, April 29, 2025
An Act to Formalize a Process for Reviewing the Conduct of Judges 
and Justices
Received by the Clerk of the House on April 25, 2025.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative LEE of Auburn.
Cosponsored by Senator BAILEY of York and
Representatives: ARATA of New Gloucester, BOYER of Poland, CARUSO of Caratunk, 
FAULKINGHAM of Winter Harbor, HASENFUS of Readfield, SATO of Gorham, 
SINCLAIR of Bath, Senator: BENNETT of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §9-B, as amended by PL 1999, c. 547, Pt. B, §3 and affected by 
§80, is repealed.
Sec. 2.  4 MRSA c. 1, sub-c. 3 is enacted to read:
SUBCHAPTER 3
COMMISSION ON JUDICIAL CONDUCT
§71. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Commission.  "Commission" means the Commission on Judicial Conduct 
established by Title 5, section 12004-G, subsection 23-B and described in section 72.
2.  Grounds for discipline.  "Grounds for discipline" has the same meaning as 
described in section 73, subsection 5.
3.  Independent source.  "Independent source" means a person other than a member 
of the commission, commission staff or the judge.
4.  Judge.  "Judge" or "the judge" means the active or active retired Probate Court 
Judge, District Court Judge, Superior Court Justice or Justice of the Supreme Judicial Court 
who is the subject of allegations in a proceeding initiated under section 75, subsection 1 or 
section 77, subsection 1.
§72. Commission on Judicial Conduct
1.  Membership.  The Commission on Judicial Conduct, established by Title 5, section 
12004-G, subsection 23-B, consists of 9 members appointed as follows:
A.  An active Superior Court Justice, appointed by the Chief Justice of the Supreme 
Judicial Court;
B.  An active District Court Judge, appointed by the Chief Justice of the Supreme 
Judicial Court;
C.  An active Probate Court Judge, appointed by the Chief Justice of the Supreme 
Judicial Court;
D.  Three members who are attorneys licensed to practice law in this State and members 
in good standing of the bar of this State, appointed by the Chief Justice of the Supreme 
Judicial Court; and
E.  Three members of the public, who may not be members of the bar of this State, 
appointed by the Governor.
2.  Alternate members.  The appointing authority under subsection 1, paragraphs A 
to E shall appoint one alternative member in that membership category, who serves on the 
commission in the event that a commission member from the same membership category 
is, pursuant to the rules adopted by the commission, disqualified from participating in a 
particular proceeding before the commission.
3.  Terms.  Members are appointed for 6-year terms.  A member may not serve more 
than one term in office consecutively, except that a member appointed to fill a vacancy 
under subsection 4 may thereafter be reappointed to serve a single term after the expiration 
of the term for which the member filled the vacancy.
4.  Vacancies.  In the event of a vacancy during an unexpired term of a member, the 
appointing authority may fill the vacancy for the remainder of the term.
5.  Chair.  Every 3 years, or sooner if there is a vacancy in the office of chair, the 
commission members shall elect one member to serve as chair for at least one 3-year term.
§73. Scope of authority
1.  Scope of authority.  The commission's authority over judicial conduct is governed 
by this subsection.
A.  The commission may receive information, investigate, conduct hearings and make 
recommendations to the Supreme Judicial Court concerning allegations that a judge 
has engaged in actions or omissions that constitute grounds for discipline and 
allegations of mental or physical disability affecting the judicial performance of all 
Justices of the Supreme Judicial Court, Justices of the Superior Court, Judges of the 
District Court and Judges of the Probate Court, including any active retired justice or 
judge.
B.  The commission's authority in paragraph A applies to the conduct of a Justice of 
the Supreme Judicial Court, Justice of the Superior Court, Judge of the District Court 
or Judge of the Probate Court during the judge's term of office and to the judge's 
conduct as an attorney at law before or during the judge's term of office.
2.  Other authority unaffected.  This subchapter may not be construed to limit or 
abrogate the inherent authority of the Supreme Judicial Court to supervise and discipline 
judges; the authority of the Legislature to remove a judge by impeachment; the authority 
of the Governor to remove a judge upon the address of both branches of the Legislature; or 
any supervisory authority provided by law or court rule of the Chief Justice of the Superior 
Court or the Chief Judge of the District Court.
3.  Precedent.  In exercising its authority under this subchapter, the commission shall 
give substantial weight to any relevant decisions of the Supreme Judicial Court or a 
grievance panel of the Board of Overseers of the Bar.
4.  Limitations period.  The commission may not consider complaints arising out of 
acts or omissions occurring more than one year prior to the date commission proceedings 
are initiated under section 75, subsection 1 or section 77, subsection 1 unless:
A.  The complaint alleges a pattern of recurring conduct, the most recent occurrence of 
which occurred within the one-year period described in this subsection; or
B.  The commission determines that good cause supports consideration of additional 
conduct predating the one-year period described in this subsection.
5.  Grounds for discipline.  In the absence of fraud, corrupt motive, bad faith or a clear 
indication that a judge's conduct violates the Maine Code of Judicial Conduct, the 
commission may not take action against a judge based on the judge's findings of fact, 
conclusions of law or application of the law as understood by the judge.  The commission 
may take action against a judge based on the judge's:
A.  Conviction of murder or a Class A, Class B or Class C crime;
B.  Willful misconduct in office;
C.  Willful misconduct that, although not related to judicial duties, brings the judicial 
office into disrepute;
D.  Conduct prejudicial to the administration of justice or conduct unbecoming a 
judicial officer, whether conduct in office or conduct outside of judicial duties that 
brings the judicial office into disrepute; or
E.  Conduct that constitutes a violation of the Maine Code of Judicial Conduct or the 
Maine Rules of Professional Conduct.
§74. Commission responsibilities; executive director; immunity
1.  Commission; powers and duties.  In addition to any other powers or duties 
specified in this subchapter, the commission has the following powers and duties.
A.  The commission shall receive complaints and may conduct investigations and 
hearings and make recommendations concerning allegations that a judge has engaged 
in actions or omissions that constitute grounds for discipline and allegations of mental 
or physical disability affecting a judge's judicial performance.
B.  The commission shall hire an executive director who serves at the pleasure of the 
commission.  The executive director must be an attorney licensed to practice law in 
this State and a member in good standing of the bar of this State but may not be engaged 
in the active practice of law while employed as the executive director. 
C.  The commission shall adopt rules to carry out the purposes of this subchapter, 
including rules establishing reasonable time limits for all stages of commission 
proceedings and standards for extending those time limits.  Rules adopted pursuant to 
this paragraph are exempt from the requirements of Title 5, chapter 375, subchapter 2-
A but must be approved by the Supreme Judicial Court.
2.  Executive director; powers and duties.  In addition to any powers and duties 
prescribed by the commission, the executive director of the commission hired pursuant to 
subsection 1, paragraph B has the following powers and duties.
A.  The executive director may receive information, allegations and complaints on 
behalf of the commission; make preliminary evaluations of and screen complaints; 
conduct investigations; and recommend dispositions to the commission.
B.  The executive director may, with the approval of the commission, employ special 
counsel, private investigators or other experts and clerical staff as necessary to 
investigate and process matters before the commission and before the Supreme Judicial 
Court.  The executive director may not employ persons employed by the Attorney 
General or any law enforcement officers for these purposes.
C.  The executive director shall maintain the commission's records; maintain statistics 
concerning the operation of the commission; prepare the commission's budget for 
approval by the commission and administer its funds; and prepare the annual report of 
the commission's activities required by subsection 4 for the commission's approval.
3.  Absolute immunity.  Commission members, the executive director, other 
commission staff and hearing officers appointed by the Supreme Judicial Court are immune 
from suit for all conduct in the course of their official duties under this subchapter.  
4.  Annual report.  By January 15th of each year, the commission shall submit to the 
Chief Justice of the Supreme Judicial Court and the joint standing committee of the 
Legislature having jurisdiction over judiciary matters an annual report of the commission's 
activities together with any recommendations for improving judicial oversight in the State, 
including recommendations for amending court rules and procedures and state laws 
governing judicial oversight.  The joint standing committee of the Legislature having 
jurisdiction over judiciary matters may report out legislation on matters related to the report 
to any regular or special session of the Legislature.
§75.  Prehearing procedures
1.  Initiation of proceedings.  Commission proceedings may be initiated by oral or 
written complaint alleging facts that, if true, would be grounds for discipline.  Commission 
proceedings may also be initiated by the commission's own motion when the commission 
receives reasonable information, including reports in the news media, regarding conduct 
that would be grounds for discipline.  Upon receipt of such a complaint or approval of the 
commission's own motion, the commission shall conduct a prompt inquiry, investigation 
and evaluation.
2.  Notice.  The commission shall promptly notify the judge of the proceedings and the 
subject matter of any complaint received or motion approved under subsection 1 regarding 
the judge unless one of the following is true:
A.  The commission determines that, due to the nature of the allegations supporting the 
complaint or motion,  delay is necessary to preserve evidence.  Notice may be delayed 
by the commission under this paragraph until the evidence to be preserved is obtained, 
the proceedings are dismissed or a sworn complaint or statement of allegations is 
served on the judge pursuant to subsection 7; or
B.  The commission determines that the identity of the complainant can be readily 
determined by the judge and there is a danger of reprisal against the complainant.  
Notice may be delayed by the commission under this paragraph until the danger of 
reprisal ends, the proceedings are dismissed or a sworn complaint or statement of 
allegations is served on the judge pursuant to subsection 7.  If the commission 
determines that there is an ongoing danger of reprisal, the notice provided under this 
subsection and the sworn complaint or statement of allegations served under subsection 
may be drafted in a manner that conceals the identity of the complainant.
3.  Screening.  The commission shall discourage and promptly dismiss complaints that 
the commission determines are frivolous, unfounded or not within the commission's 
jurisdiction.  The commission shall notify the judge and the complainant, if any, of the 
dismissal and of the reason for the dismissal.
4.  Subpoena power; oaths.  At any stage of the proceeding, the commission may, 
within the time limits established by the commission by rule, compel by subpoena the 
attendance and testimony of witnesses, including the judge who is the subject of the 
proceeding, and the inspection or production of documents, books, accounts, written or 
electronically recorded statements and other records; administer oaths; and examine any 
person under oath.
5.  Evaluation; decision to proceed.  After conducting a thorough inquiry, 
investigation and evaluation, the executive director shall recommend to the commission 
and the commission shall decide by majority vote whether there is adequate reason to 
proceed to the preparation of a detailed complaint or statement of allegations.  
6.  Detailed complaint or statement of allegations.  If a majority of the commission 
votes in favor of proceeding to the preparation of a detailed complaint or statement of 
allegations, the commission shall request that the complainant file with the commission a 
detailed, sworn complaint against the judge.  If a sworn complaint cannot be obtained, the 
executive director shall prepare a detailed statement of the allegations against the judge.  
The detailed complaint or statement of allegations must clearly set forth each alleged action 
or omission that constitutes grounds for discipline, the facts alleged in support of the 
allegation and each provision of law, the Maine Code of Judicial Conduct or the Maine 
Rules of Professional Conduct allegedly violated.  
7.  Service; answer; personal appearance.  The judge must be promptly served with 
a copy of the detailed complaint or statement of allegations.  Within 21 days after receiving 
the detailed complaint or statement of allegations, the judge shall file a written answer and 
any request for personal appearance with the commission.
8.  Process prior to formal charges.  The judge may be represented by counsel and, 
within the time limits established by the commission by rule before the issuance of formal 
charges under subsection 11, may compel by subpoena the attendance and testimony of 
witnesses through depositions and the inspection or production of documents, books, 
accounts, written or electronically recorded statements and other records.  The judge may 
file written materials for commission consideration before the issuance of formal charges 
under subsection 11.  If the judge requests a personal appearance before the commission 
before the issuance of formal charges under subsection 11, the judge's statement and any 
statement of the judge's counsel must be recorded.  
9.  Insufficient cause to proceed.  If, at any time prior to the issuance of formal charges 
under subsection 11, the commission determines that it lacks sufficient cause to proceed, 
the commission must close the investigation, dismiss the complaint or statement of 
allegations and notify the judge and any complainant in writing that the commission has 
found insufficient cause to proceed.  Information obtained by the commission in the course 
of an investigation closed prior to the issuance of formal charges under subsection 11 may 
not be used in a subsequent commission proceeding unless:
A.  The subsequent proceeding involves similar allegations against the judge that 
suggest a pattern of recurring conduct constituting grounds for discipline;
B.  The subsequent proceeding involves an allegation that the judge violated the 
conditions of an informal adjustment pursuant to section 79 arising out of the closed 
investigation; or
C.  Information about the closed investigation is used solely for purposes of 
determining the appropriate sanction to be imposed in the subsequent proceeding.
10.  Amendment of complaint or statement of allegations; response.  Upon notice 
to the judge, the commission may amend the complaint or statement of allegations prior to 
the issuance of formal charges  under subsection 11.  If the complaint or statement of 
allegations is amended, the judge may, within 21 days after receiving the amended 
complaint or statement of allegations, amend the judge's written response and, within the 
time established by the commission by rule, submit additional written material for the 
commission's consideration pursuant to the procedures set forth in subsection 8. 
11.  Issuance of formal charges.  After the expiration of the time established by the 
commission by rule for the judge to submit written materials and personally appear before 
the commission under subsection 8 in response to a complaint or statement of allegations 
or an amended complaint or statement of allegations, the commission shall decide whether 
a preponderance of the credible evidence supports a finding that the judge's conduct 
constitutes grounds for discipline. If a majority of all commission members votes in favor 
of a finding of sufficient cause, the commission shall issue formal charges stating the 
allegations for which sufficient cause is found.  A copy of the formal charges must be 
served promptly on the judge who may, within 10 days after receiving service, file a written 
response with the commission. 
12.  Appointment of hearing officer.  Immediately after expiration of the 10-day 
response period described in subsection 11, the commission shall file a copy of the formal 
charges and of any written response by the judge with the Supreme Judicial Court, which 
shall promptly appoint a hearing officer.
§76. Hearing; recommendations; attorney's fees
1.  Notice of hearing.  After appointment of a hearing officer under section 75, 
subsection 12, the commission shall schedule the hearing and provide notice of the date 
and time of the hearing to the judge and all counsel who have entered an appearance in the 
proceeding.  The hearing must be scheduled without undue delay and in a manner that 
affords the judge ample opportunity to prepare for the hearing.
2.  Amendment of formal charges or response.  The hearing officer shall permit the 
judge to amend the judge's written response to the formal charges within the time limit 
provided by the commission by rule.  After commencement of the hearing, the formal 
charges may be amended by leave of the hearing officer or with the consent of the judge 
only if the amendment is technical in nature and the judge is afforded adequate time to 
prepare a response or provide evidence in response to the amendment.
3.  Discovery; process.  Within the time limits provided by the commission by rule, 
the judge and the commission may conduct the same types of discovery available in civil 
proceedings in this State.  The judge and the commission may, within the time limits 
established by the commission by rule, compel by subpoena the attendance and testimony 
of witnesses and the inspection or production of documents, books, accounts, written or 
electronically recorded statements and other records.
4.  Enforcement of process.  The Supreme Judicial Court may enforce subpoenas and 
other legal process in commission proceedings under this section and section 75 or may 
delegate the power to enforce legal process to another appropriate court. 
5.  Procedure and evidence.  The hearing officer appointed by the Supreme Judicial 
Court under section 75, subsection 12 shall preside at the hearing, which must be open to 
the public, recorded and transcribed and conducted so as to provide due process to the 
judge.  All testimony received at the hearing must be under oath. The Maine Rules of 
Evidence, including all rules governing privilege that are applicable in civil proceedings 
apply, except that, if the judge raises the judge's own physical or mental condition as a 
defense to the formal charges, the judge is deemed to have waived any applicable privilege 
between the judge as a patient and a health care professional or mental health care 
professional.
6.  Burden of proof.  The formal charges must be prosecuted by a member of 
commission staff, who must be an attorney, or by special counsel retained by the 
commission for this purpose.  The commission bears the burden of demonstrating the 
grounds for discipline by clear and convincing evidence.
7.  Proposed findings and recommendations; objections.  At the conclusion of the 
hearing, the hearing officer shall submit to the commission and the judge a written 
statement of proposed findings and recommendations along with a transcript of the 
testimony and all exhibits presented at the hearing.  The judge and counsel for the 
commission may submit written objections to the hearing officer's findings and 
recommendations within 20 days after receiving a copy of those findings and 
recommendations.   Any objections by the judge or counsel for the commission must be 
included in the record submitted to the commission.
8.  Commission hearing and decision.  After receipt of the hearing officer's proposed 
findings and recommendations, the record and any objections, the commission shall 
conduct a public hearing at which the judge and the complainant, if any, are afforded an 
opportunity to be heard.  Notwithstanding any provision of law to the contrary, the 
commission shall conduct its deliberations in executive session.  If a majority of the 
commission votes in favor of finding that the grounds for discipline have been 
demonstrated by clear and convincing evidence and in favor of recommending that a 
sanction be imposed, the commission shall issue a written decision containing sufficient 
findings and recommendations to inform the judge and the Supreme Judicial Court of the 
reasons for reaching its findings and recommendations.
9.  Referral to Supreme Judicial Court.  Within 90 days of the date of the 
commission hearing, the commission's written decision under subsection 8 must be 
transmitted to the Supreme Judicial Court along with the record of the proceedings, which 
must include the transcript of and evidence presented at the hearing before the hearing 
officer; the hearing officer's findings and proposed recommendations; any objections by 
the judge or counsel for the commission to the hearing officer's findings and proposed 
recommendations; the transcript of the hearing before the commission; and the findings 
and recommendations of any dissenting members of the commission.   The commission 
may extend the 90-day period for good cause.
10.  Dismissal.  If a majority of the members of the commission vote in favor of finding 
that the grounds for discipline have not been demonstrated by clear and convincing 
evidence or vote in favor of not recommending the imposition of a sanction, the formal 
charges must be dismissed and the judge and the complainant, if any, must be notified of 
the dismissal by the commission.
11.  Informal adjustment.  This section may not be construed to prohibit the 
commission from disposing of the matter by informal adjustment pursuant to section 79 at 
any time prior to submission of the matter to the Supreme Judicial Court under subsection 
9.
12.  Expenses.  The following provisions govern expenses in proceedings under this 
subchapter.
A.  Witnesses are entitled to the same remuneration for fees and expenses as witnesses 
in civil actions in state court.  The party calling the witnesses is responsible for 
remuneration of the witness unless:
(1)  The mental or physical ability of the judge is in issue, in which case the 
commission is responsible for paying all witnesses, including witnesses called by 
the judge, whose testimony relates to the judge's mental or physical ability; or
(2)  The Supreme Judicial Court determines that the imposition of expert witness 
fees would cause a financial hardship or injustice on the judge, in which case the 
commission is responsible for paying those fees.
B.  The judge is entitled to receive, without cost, a transcript of all proceedings under 
this subchapter.
C.  Except as provided in this paragraph, the judge is responsible for payment of the 
judge's attorney's fees. With the approval of the Supreme Judicial Court, the judge is 
entitled to an award of the judge's reasonable attorney's fees by the State if the matter 
is dismissed by the commission at any stage after the filing of a detailed complaint or 
statement of allegations; the Supreme Judicial Court disagrees with a recommendation 
by the commission to impose discipline; or the Supreme Judicial Court determines that 
justice would be served by reimbursement of the judge's reasonable attorney's fees.
§77. Physical or mental disability affecting judicial performance
1.  Initiation of proceedings.  Commission proceedings may be initiated by oral or 
written complaint containing allegations of mental or physical disability affecting the 
judge's judicial performance.  Commission proceedings may also be initiated by the 
commission's own motion when the commission receives reasonable information, 
including reports in the news media, that may be grounds for concluding that the judge has 
a mental or physical disability affecting the judge's judicial performance.  Upon receipt of 
such a complaint or approval of the commission's own motion, the commission shall 
conduct a prompt inquiry, investigation and evaluation.
2.  Provisions of subchapter applicable.  The provisions of section 72, subsection 4 
and sections 75, 76, 79 and 80 apply, as far as possible, to proceedings involving allegations 
of a mental or physical disability affecting a judge's judicial performance, except as 
provided in this subsection.
A.  If the judge denies an allegation of a mental or physical disability affecting the 
judge's judicial performance:
(1)  The judge is deemed to have waived any applicable privilege between the judge 
as a patient and a health care professional or mental health care professional; 
(2)  The judge is deemed to have consented to a physical or mental examination by 
a qualified health care professional designated by the commission.  Copies of any 
report prepared by the designated health care professional must be provided to both 
the judge and the commission; and
(3)  The commission shall require the judge to produce all relevant medical records.
B.  The commission shall reimburse the judge for the reasonable expenses of any 
witnesses called by the judge whose testimony relates to the judge's alleged mental or 
physical disability.
C.  If the judge is not represented by counsel, the commission shall appoint an attorney 
to represent the judge at public expense.
§78. Proceedings involving Supreme Judicial Court Justice
If a majority of the commission votes in favor of imposing discipline and submits a 
matter to the Supreme Judicial Court under section 76, subsection 9 and the matter involves 
the conduct of or the physical or mental disability of an Associate Justice of the Supreme 
Judicial Court, the Associate Justices of the Supreme Judicial Court may not participate in 
the resolution of the proceeding.  The Chief Justice of the Supreme Judicial Court shall 
identify, from among all Justices of the Superior Court and all Judges of the District Court, 
the 6 judges or justices with the most judicial experience and shall appoint those 6 judges 
or justices to serve in place of the associate justices.
§79. Dismissal; informal adjustment; recommended sanction
1.  Dismissal.  The commission may dismiss a proceeding under section 75, 76 or 77 
as unjustified or unfounded at any time prior to submission of the matter to the Supreme 
Judicial Court under section 76, subsection 9.
2.  Informal adjustment.  At any time prior to submission of the matter to the Supreme 
Judicial Court under section 76, subsection 9, the commission may, with the agreement of 
the judge, terminate the matter and either accept the judge's voluntary retirement or impose 
one or more of the following types of discipline on a judge:
A.  Issuing a private reprimand;
B.  Admonishing the judge that the judge's conduct is or may be grounds for discipline; 
or
C.  Imposing conditions on the judge's future conduct.
3.  Recommended sanction.  The hearing officer may propose and a majority of the 
commission may recommend that the Supreme Judicial Court impose one or more of the 
following types of discipline on a judge:
A.  Removal; 
B.  Retirement;
C.  Imposition of attorney discipline under the Maine Rules of Professional Conduct;
D.  Imposition of limitations or conditions on the performance of judicial duties;
E.  Public or private reprimand or censure;
F.  Imposition of a fine;
G.  Assessment of costs and expenses; or
H.  Imposition of any other sanction that is reasonable and lawful.
§80. Confidentiality
1.  Confidentiality prior to filing formal charges.  Notwithstanding any provision of 
law to the contrary and except as provided in subsection 2, all commission proceedings are 
confidential until formal charges have been filed with the Supreme Judicial Court under 
section 75, subsection 12.  The commission shall establish by rule procedures for ensuring 
that commission members and staff maintain the confidentiality required by this 
subsection.
2.  Exceptions.  Notwithstanding the provisions of subsection 1, commission 
proceedings are not confidential in the following circumstances.
A.  Information obtained by the commission in the course of an investigation closed 
prior to the issuance of formal charges may be used in a subsequent commission 
proceeding pursuant to section 75, subsection 9.
B.  If the judge waives the confidentiality of the proceeding or the subject matter 
becomes public through an independent source, the commission may confirm the 
pendency of the proceeding, clarify procedural aspects of the proceeding, explain the 
judge's right to a fair hearing and indicate whether the judge has denied the allegations 
in the proceeding.
C.  If the proceeding was initiated as a result either of notoriety or because the conduct 
at issue is a matter of public record and the proceeding is subsequently terminated 
before the issuance of formal charges, the commission may release information 
concerning its decision to terminate the proceeding.
D.  In accordance with procedures established by the commission by rule, which must 
require reasonable notice to the judge unless the judge has signed a written waiver of 
the right to such notice, the commission may disclose information about proceedings:
(1)  To any federal or state agency or body established for screening candidates for 
judicial appointment if that agency or body seeks information or written materials 
from the commission in connection with the selection or appointment of the judge 
for a judicial position; or
(2)  To the Chief Justice of the Supreme Judicial Court, the Chief Justice of the 
Superior Court or the Chief Judge of the District Court if the Chief Justice or Chief 
Judge seeks information or written materials from the commission in connection 
with the assignment of the judge for duties as an Active Retired Justice or Active 
Retired Judge.
3.  Confidentiality after filing formal charges.  Notwithstanding any provision of 
law to the contrary, commission proceedings may remain confidential after formal charges 
have been filed with the Supreme Judicial Court only if the judge, a majority of the 
commission and the complainant, if any, all agree in writing based on the nature of the 
formal charges or as necessary to protect public safety.
§81. Advisory committee
The Chief Justice of the Supreme Judicial Court may establish an advisory committee 
with the authority, in response to the request of a judge or on the advisory committee's own 
motion, to issue advisory opinions interpreting the Maine Code of Judicial Conduct.
Sec. 3.  5 MRSA §12004-B, sub-§8, as enacted by PL 1993, c. 381, §2, is repealed.
Sec. 4.  5 MRSA §12004-G, sub-§23-B is enacted to read:
23-B.
Judiciary
Commission on Judicial Conduct
Expenses only
MRSA §72 
Sec. 5.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 4, 
section 72, subsection 3, an appointing authority for the original appointments of members 
of the Commission on Judicial Conduct shall designate 1/3 of the authority's appointments 
for 6-year terms, 1/3 of the authority's appointments for 4-year terms and 1/3 of the 
authority's appointments for 2-year terms. An initial term of 2 or 4 years may not be 
considered a full term for purposes of limiting the number of terms for which a member 
may serve.
SUMMARY
This bill establishes the Commission on Judicial Conduct, comprised of 3 judicial 
officers appointed by the Chief Justice of the Supreme Judicial Court, one each from the 
Superior Court, the District Court and the Probate Court; 3 licensed attorneys appointed by 
the Chief Justice; and 3 members of the public appointed by the Governor.  The bill charges 
the commission with receiving and investigating complaints, conducting hearings and 
making findings and recommendations to the Supreme Judicial Court concerning 
allegations that an Active or Active Retired Judge or Justice of the Supreme Judicial Court, 
the Superior Court, the District Court or a county Probate Court has either engaged in 
actions or omissions that constitute grounds for discipline or has a mental or physical 
disability affecting the judge's or justice's judicial performance.  
The bill also directs the commission to hire an executive director to assist the 
commission in performing its duties, including by screening complaints and recommending 
dispositions to the commission; employing counsel, private investigators, hearing officers 
and other staff; administering the commission's budget; and preparing an annual report to 
the Chief Justice of the Supreme Judicial Court and the joint standing committee of the 
Legislature with jurisdiction over judiciary matters. 
Finally, the bill authorizes the Supreme Judicial Court to establish an advisory 
committee with the authority to issue advisory opinions interpreting the Maine Code of 
Judicial Conduct.