Rule 1.3. is the replacement for 1993 Canon 2(B), but it is more broadly

worded. The 1993 Canon 2(B) states:

B. Preventing Improper Influence. A judge shall not allow family,

social, political, or other relationships to influence the judge’s

judicial conduct or judgment. A judge shall not lend the prestige of

judicial office to advance the private interests of the judge or

others; nor shall a judge convey or permit others to convey the

impression that they are in a special position to influence the judge.

A judge shall not testify voluntarily as a character witness.

The 1993 Advisory Committee’s Note to Canon 2(B) states:

Canon 2B forbids a number of specific actions that are in

effect per se improprieties because they diminish the prestige of the

judicial office so essential to the proper functioning of an

independent judiciary. Examples of improper activities offered in

ABA Model Code (1990), Commentary to Section 2B, include

alluding to judicial status in an effort to gain deferential treatment

when stopped for a traffic offense, use of judicial letterhead for

personal business, use of judicial status to gain advantage for a

family member in a civil suit, and allowing exploitation of the

judge’s office in the advertising of published writings. Proper

activities identified in the ABA Commentary include serving as a

reference or writing a letter of recommendation based on personal

knowledge, and supplying names and responding to official

inquiries regarding judicial appointments. In particular, the ABA

Commentary notes, it would be improper for a judge voluntarily to

supply information to a probation officer or sentencing judge, and

Canon 2B specifically forbids formal testimony as a character

witness because of the impact of the office and the effect on lawyers

involved. A judge may, however, engage in such activities when

formally requested or summoned, though the judge should

ordinarily discourage a party from summoning the judge as a

character witness.

ply information to a probation officer or sentencing judge, and

Canon 2B specifically forbids formal testimony as a character

witness because of the impact of the office and the effect on lawyers

involved. A judge may, however, engage in such activities when

formally requested or summoned, though the judge should

ordinarily discourage a party from summoning the judge as a

character witness.

The Supreme Judicial Court found violations of the similar

provisions of Canon 2B of the 1974 Code in two decided cases.

Matter of Ross, supra, 428 A.2d at 864-65 (causing traffic infraction

complaints against personal acquaintances to be filed); Matter of

Cox, supra, 532 A.2d at 1019 (angry conversation with police officer

concerning traffic violation by judge’s son).

A 1993 Textual Note to Canon 2, referencing Canon 2(A) and 2(B)

observed:

Canon 2 adopts ABA Model Code (1990), Canon 2 and

Sections 2A-2C, with variations appropriate to Maine. The

principal change from the 1974 Maine Code is the addition of

Canon 2C. Canons 2A and 2B are identical to the provisions of ABA

Model Code (1990), Sections 2A, 2B. There are no substantial

changes from Canon 2A of the 1974 Maine Code. Canon 2B departs

from Canon 2B of the 1974 Maine Code in adding political

relationships to those by which a judge must not be influenced and

in including the judge’s own private interests among those which

the judge may not seek to benefit through the prestige of the

judicial office. See ABA Model Code (1990), Committee Note to

Section 2B.

CANON 2

A judge shall perform the duties of judicial office impartially,

competently, and diligently.