The state Supreme Court has proposed new rules for discipline proceedings for judges, but its not clear when the rules could go into effect and if they will impact Supreme Court Justice Catherine Connors discipline case.
Currently, there are no specific rules for complaints against a Maine Supreme Court justice. All complaints are investigated by the Committee on Judicial Conduct, which can make a recommendation for discipline. The Supreme Court then makes a final decision.
The proposed rules would instead create a panel of four Superior Court justices and Four District court judges to make a final decision on matters involving a Supreme Court justice.
Dmitry Bam, a professor of law at the University of Maine School of Law, said the proposal isn't perfect, but a step in the right direction.
"I think it creates potential perception or appearance of bias issues when you're evaluating your own colleagues," he said. "So I do think having a neutral party is an important step."
But Bob Cummins, a veteran Maine attorney who helped create the American Bar Association model rules for judicial disciplinary enforcement, said it would be best if attorneys and public representatives were on the panel as well.
"Judges judging judges is always a matter of some concern to the public, at least on occasion," he said.
The proposal comes after the Committee on Judicial Conduct recommended Maine Supreme Court Justice Catherine Connors be publicly reprimanded for not recusing herself from two recent foreclosure cases.
But there is not a defined timeline for next steps in Connors case or for when the court could finalize the new rules.
An advisory note on the proposal says the change is "necessary to prevent the appearance of impropriety." Once adopted, the new rules would go into effect immediately and apply to pending matters, including the Connors case.
