Me. Code. Jud. Cond. 2.14
A judge who has actual knowledge that the performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition, shall take appropriate action, which may include a confidential referral to the Maine Assistance Program.
Me. Code. Jud. Cond. 2.14
Advisory Notes - 2015
Rule 2.14 is derived from the 2011 ABA Model Code. There is no comparable provision in the 1993 Code of Judicial Conduct. The impairment issue as to both judges and lawyers is addressed in detail in the Rules for the Maine Assistance Program. When a disability or impairment issue arises, reference to those Rules for determination of possible appropriate action is a reasonable choice.
Rule 2.14 recognizes that the ethical obligation to take appropriate action arises only when a judge has "actual knowledge" that a lawyer's or a judge's performance is impaired by one or a combination of the described conditions. When a judge may have a reasonable belief that the performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental, emotional, or physical condition, the judge may take appropriate action, which may include a confidential referral to the Maine Assistance Program. Application of this Rule will require good judgment and flexibility because of the highly subjective nature of the evaluations and actions a judge is encouraged to take.
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