RULE 10. Jurisdiction
(a) Lawyers Admitted to Practice. Any lawyer admitted to practice law in Maine is subject to the disciplinary jurisdiction of the Court and the Board. This includes any formerly admitted lawyer with respect to acts committed prior to resignation, surrender of license, suspension, disbarment, or transfer to inactive status, or with respect to acts subsequent thereto which amount to the practice of law or constitute a violation of these Rules or of the Maine Rules of Professional Conduct or any Rules or Code subsequently adopted by the Court in lieu thereof, and any lawyer specially admitted by a Maine court for a particular proceeding, and any lawyer not admitted in Maine who practices law or renders or offers to render any legal services in Maine.
(b) Former Judges. A former justice or judge who has resumed the status of a lawyer is subject to the jurisdiction of the Board not only for conduct as a lawyer but also for misconduct that occurred while the lawyer was a judge and would have been grounds for lawyer discipline, provided that the misconduct was not the subject of a judicial disciplinary proceeding as to which there has been a final determination by the Court. Misconduct by a justice or judge that is not finally adjudicated before the justice or judge leaves office falls within the disciplinary jurisdiction of the Board. The Board shall coordinate with the Committee on Judicial Responsibility and Disability in any investigations or proceedings concerning a justice or judge arising out of the same or related conduct.
(c) Incumbent Judges. Incumbent justices or judges shall not be subject to the jurisdiction of the Board; however, if an incumbent justice or judge is to be removed from office in the course of a judicial discipline or disability proceeding, the Court shall first afford the Board and the respondent an opportunity to submit a recommendation whether lawyer discipline should be imposed, and if so, the extent thereof.
(d) Powers Not Assumed. These Rules shall not be construed to deny to any court the powers necessary to maintain control over its proceedings.
Reporter’s Notes – June 2015
Rule 10(a) adopts Model Rule 6(A) in its entirety and corresponds to former Maine Bar Rule 1(a). The committee felt that the Model Rule accurately reflects current Maine practice and does not expand or diminish the jurisdiction of the Board.
Rule 10(b) adopts Model Rule 6(B) in its entirety and adds in the stipulation that the Board shall coordinate with the Committee on Judicial Responsibility and Disability in investigations involving judges and justices. The revised rule corresponds to former Maine Bar Rule 1(a).
Rule 10(c) adopts Model Rule 6(C) in its entirety and has no equivalent in the former Maine Bar Rules. The commission believed that affording the Board an opportunity to be heard on the subject of lawyer discipline protects the right of the profession to preserve the high standards of conduct that it maintains in the public interest.
Rule 10(d) adopts Model Rule 6(D) in its entirety and has no equivalent in the former Maine Bar Rules.