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Judicial Accountability

2008 REPORT CARD

MAINE
Overall Grade:
F
About Maines System F
for Holding Judges
cy
Accountable:
Transparen C-
Ranked 50th in the nation
overall.
ngful Sanctions
 A hearing in a judicial b ilit y o f M eani
ethics matter is open to the
public only at the discretion
Availa F
of the respondent judge or
r F ri e n d lin ess
Maines Committee on
Judicial Responsibility and Co nsume F
Disability.

 Maine officials do not


nlin e O u t r each
release information about
ethics complaints against
O C
judges unless and until the
states Committee on Judicial
c P a r t ic i p a tion
Responsibility and Disability files
a recommendation for discipline
Publi B
with the states high court.
cia l D is c lo sure
 Unlike rules in most states,
Maine rules gag citizens from
Finan F
disclosing information about their
ethics complaints against judges.
ift R e s tr ic tions
The Committee on Judicial
Responsibility and Disabilitys Rule 6
provides: All persons concerned
G F
with any matter before the
v e ra ll G r ade
Committee shall be requested to
respect the confidentiality of
O
Committee proceedings.

 Maine is one of only five states that do not host a Web site with information
about its judicial oversight system. Without online resources, the public has little
guidance about how to file an ethics complaint against a judge or how to Compiled by
determine if a judge has a disciplinary history.
 Judges in the state are required to annually report their financial interests,
but the filings are not available on the Internet and it costs more than $0.50 cents Simple Affordable
a page for litigants to copy a report at the courthouse. Accountable Justice for All

To file an ethics complaint against a Maine state judge, write to the Committee on Judicial Responsibility and Disability,
P.O. Box 8058, Portland, ME 04104-8058, or call the Committee at (207) 780-4375 for more information.
About the 2008 Judicial Accountability Report Card GRADING SCALE
The following are the grading criteria for each
ALTs 2008 Judicial Accountability Report Card is the nations first
H comprehensive evaluation of the systems that discipline and remove
incompetent and abusive members of the state and federal judiciaries.
category. Each category was weighed equally to
determine an overall grade for each jurisdiction.

Transparency*
At what point does the judicial conduct commission
HALT interviewed judicial conduct administrators, analyzed statistics from release information about a complaint against a judge?
the American Judicature Society and the Center for Public Integrity, evalu- A = At complaint filing
B = Upon either dismissal or formal charges
ated judicial conduct Web sites and rules of disciplinary procedure, studied C = Upon formal charges only
D = At the hearing
state and federal statutes that govern judicial financial disclosure and gift F = When commission files discipline recommendation
receipt, and reviewed the United States Judicial Conferences new 2008 or highest court orders discipline
rules on judicial conduct and disability. In determining grades, HALT con- Availability of Meaningful Sanctions*
Does the judicial conduct commission/state high court
sidered the following factors: impose only public discipline?
A = Yes F = No
TransparencyIn an era that embraces principles of sunshine, the Can a judge in the state be publicly
censured/reprimanded, fined, suspended and
nations system of judicial accountability maintains a closed-door removed?
structure that evades oversight. A transparent system would release A = 4 of the above B = 3 of the above
C = 2 of the above D = 1 of the above
information about an ethics complaint to the public at the conclusion of a F = none of the above
preliminary investigation. Consumer Friendliness
Availability of Meaningful SanctionsTo successfully deter judges from Does the judicial conduct commission impose a
gag rule on complainants?
abusing their positions of power and to provide citizens with access to a A = No C = Modified gag rule
judges complete disciplinary history, all sanctions must be formal and public. F = Yes
A judicial conduct commission should have the authority to publicly censure, Online Outreach
How many of the following resources does the judicial
reprimand, fine, suspend and remove disreputable judges. conduct commissions Web site provide?
(1) easy online navigation; (2) a clear, detailed
Consumer FriendlinessLitigants are often reluctant to bring a judges explanation of the disciplinary process;
misconduct to the attention of a local judicial discipline body because the (3) a downloadable complaint form; (4) a section
rules of many jurisdictions gag individuals from disclosing information addressing consumers frequently asked questions;
(5) a list of upcoming hearings; (6) past disciplinary
about an ethics complaint they have filed against a judge. To respect the rulings; (7) rules of disciplinary procedure; and
rights of ordinary citizens, conduct commissions should allow (8) rules of judicial conduct?
A = All 8 resources B = 6-7 resources
complainants to speak freely. C = 4-5 resources D = 2-3 resource
F = 1 or no resources
Online OutreachIn todays Internet-driven culture, most individuals
Public Participation*
look for information online. Every judicial conduct body should host a What percentage of the judicial conduct commission is
Web site that includes a clear explanation of the disciplinary process, a composed of lay persons (non-judges/non-lawyers)?
A = More than 50% laypersons
downloadable complaint form, past commission rulings, links to ethics B = 50% laypersons
standards and other critical resources. C = 33-49% laypersons
D = 20-32% laypersons
Public ParticipationOne way to ensure impartiality and to increase F = Less than 20% laypersons
public confidence in the judicial oversight system is to include meaningful Financial Disclosure**
participation by ordinary citizens, yet judges and lawyers typically Does the jurisdiction: (1) require judges to file annual
financial disclosure reports (2) that are open to the
dominate judicial conduct commissions. The most successful forums give public; and (3) include information about their board
laypersons at least an equal voice in the decision-making process. affiliations, (4) investments, (5) spouses financial
interests and (6) dependents financial interests? (7) Is the
Financial DisclosureTo determine whether a judge possesses an name of the reviewer forwarded to the judge? (8) Can a
economic conflict of interest in a case, citizens should have the right to reviewer be sent the information? (9) Are copy fees less
than 50 cents a page? (10) Are filings available online?
review annual financial disclosure reports. Filings should be comprehensive A = Yes, all 10 of the above criteria
and public access to them must be convenient and affordable. B = Yes, 8-10 of the above criteria
C = Yes, 6-7 of the above criteria
Gift RestrictionsCorporations and special interests often use expense- D = Yes, 4-5 of the above criteria
F = Yes, 3 or fewer of the above criteria
paid trips to lavish settings in a thinly-veiled attempt to lobby judges.
Gift Restrictions
Rigorous ethics rules would place monetary caps on the reimbursements Can a judge receive reimbursements, compensation and
and compensation that judges may accept from private groups, but honoraria in connection with privately sponsored trips?
unfortunately most state and federal rules continue to permit members of A = Under no circumstances
B = Monetary restrictions are placed on 3 of the above
the judiciary to accept these gifts with few limitations. C = Monetary restrictions are placed on 2 of the above
D = Monetary restrictions are placed on 1 of the above
After assessing these categories, HALT assigned an overall grade to each F = A judge may receive all of the above with
state and the federal circuits. no monetary restrictions
* Data based on American Judicature Society 2008 statistics.
** Data based on Center for Public Integrity 2008 statistics.
About HALT
HALT, Inc. pursues an aggressive education and advocacy program that challenges the legal establishment to expand
access and increase accountability in the civil justice system. For more information, go to www.halt.org.

Simple Affordable Accountable Justice for All


1612 K Street, NW, Suite 510, Washington, DC 20006 (202) 887-8255 (202) 887-9699 FAX www.halt.org

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