M. Code Jud. Conduct Terminology

Unless the context requires otherwise, the following terms have the

following meanings in interpreting and applying this Code:

“Appropriate authority” means the authority having responsibility for

initiation of disciplinary process in conjunction with the violation to be

reported.

“Committee” means the Committee on Judicial Responsibility and Disability

established by order of the Maine Supreme Judicial Court.

“Contribution” includes both financial and in-kind contributions, such as

goods, professional or volunteer services, advertising, and other types of

assistance, which, if obtained by the recipient otherwise, would require a

financial expenditure.

“Court staff” means employees of the court, including full-time, part-time,

temporary, or contract employees, interns, externs, volunteers, and employees

of the several counties while engaged in support of a judge in the performance

of judicial duties, but does not include lawyers advocating for or representing

a party in a proceeding before a judge.

“De minimis,” in the context of interests pertaining to a disqualification of a

judge, means an insignificant interest that could not raise a reasonable question

regarding the judge’s impartiality or integrity.

“Domestic partner” means a person with whom another person maintains a

household and an intimate relationship, other than a person to whom he or she

is legally married.

“Economic interest” means ownership of more than a de minimis legal or

equitable interest. Except for situations in which the judge participates in the

management of such a legal or equitable interest, or the interest could be

substantially affected by the outcome of a proceeding before a judge, it does not

include:

(1) An interest in the individual holdings within a mutual or common

investment fund;

(2) An interest in securities held by an educational, religious,

charitable, fraternal, or civic organization in which the judge or the

judge’s spouse, domestic partner, parent, or child serves as a director,

officer, advisor, or other participant;

(3) A deposit in a financial institution or deposits or proprietary

interests the judge may maintain as a member of a mutual savings

association or credit union, or similar proprietary interests; or

(4) Ownership of government securities.

“Election” includes primary, general, and special elections.

“Fiduciary” includes positions as personal representative, executor,

administrator, trustee, or guardian.

“Honorarium” means a payment of money or any thing of significant value for

an appearance, speech, or article, not including reimbursement or payment for

actual and necessary expenses for travel, food, and lodging incident to an

appearance or speech.

“Impartial,” “impartiality,” and “impartially” mean absence of bias or

prejudice in favor of, or against, particular parties or classes of parties, as well

as maintenance of an open mind in considering issues that may come before the

judge.

“Impending matter” is a matter that is imminent or expected to occur in the

near future.

“Impropriety” is conduct that violates the law, court rules, or provisions of this

Code, and that undermines a judge’s independence, integrity, or impartiality.

“Income” includes, but is not limited to, compensation for services rendered

(other than amounts paid by the State of Maine for performance of judicial

duties), dividends, interest, rent, royalties, capital gains, and amounts received

from a trade or business, trust, estate, pension (other than amounts paid under

a pension plan administered by a state or by the federal government), or other

financial arrangement. “Income” does not include honoraria, gifts, bequests,

favors, reimbursement or payment of expenses, or payments of alimony,

spousal support, child support, or separate maintenance.

“Independence” means a judge’s freedom from influence or controls other

than those established by law.

“Integrity” means probity, fairness, honesty, uprightness, and soundness of

character.

“Judicial candidate” means any person, including a sitting judge, who is

seeking selection for or retention in a judicial office by election or appointment.

A person becomes a candidate for judicial office as soon as he or she makes a

public announcement of candidacy; declares or files as a candidate with the

election authority; authorizes or, where permitted, engages in solicitation or

acceptance of contributions or support; or is nominated for election or

appointment to office.

“Knowingly,” “knowledge,” “known,” and “knows” mean actual knowledge

of the fact in question. Actual knowledge may be inferred from the

circumstances.

“Law” encompasses court rules, statutes, administrative rules and regulations,

constitutional provisions, and decisional law.

“Member of the judge’s family” means a spouse, domestic partner, child,

grandchild, parent, grandparent, or other relative or a person with whom the

judge maintains a close familial relationship.

“Member of a judge’s family residing in the judge’s household” means any

relative of a judge by blood, marriage, or adoption, or a person treated by a

judge as a member of the judge’s family, who resides in the judge’s household.

“Nonpublic information” means information that is not available to the public.

Nonpublic information may include, but is not limited to, information that is

sealed by statute or court order, impounded, or communicated in camera, and

information offered in grand jury proceedings, presentencing reports, child

protective cases, or psychiatric reports.

“Pending matter” is a matter that has commenced. A matter continues to be

pending through any appellate process until final disposition.

“Personally solicit” means a direct request made by a judge or a judicial

candidate for financial support or in-kind services, whether made by letter,

telephone, or other means of communication.

“Political organization” means a political party or other group sponsored by

or affiliated with a political party or candidate, or an independent political

action committee, the principal purpose of which is to further the election or

appointment of candidates for political office. For purposes of this Code, the

term does not include a judicial candidate’s campaign committee.

“Require.” The rules prescribing that a judge “require” certain conduct of

others are, like all of the rules in this Code, rules of reason. The use of the term

“require” in that context means a judge is to exercise reasonable direction and

control over the conduct of those persons while they are subject to the judge’s

direction and control.

“The 1993 Code.” References to the 1993 Code, the 1993 Maine Code of

Judicial Conduct, the 1993 Canons, or similar references to the 1993 Code or

Canons, include any amendments adopted since 1993 and until the 2015

adoption of this revised Maine Code of Judicial Conduct, unless the context

indicates that the reference is limited to actions taken in 1993.

“Third degree of relationship” includes the following persons: great-

grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild,

great-grandchild, nephew, and niece.