Justia Legal Ethics Opinion Summaries

Articles Posted in Maine Supreme Judicial Court
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In the State of Maine v. Dale F. Thistle, the Maine Supreme Judicial Court upheld the conviction of Dale Thistle, an attorney, for theft by misapplication of property. Thistle was hired by Donna Friend, personal representative of the estate of Gilman Friend, to explore a potential wrongful death suit against emergency responders. Thistle negotiated a settlement of $390,000, which he deposited into his Interest on Lawyer’s Trust Account (IOLTA). Thistle then misappropriated the funds, failing to distribute the owed amount to Gilman's children, and instead frequently withdrawing money for personal expenses.Thistle appealed his conviction on several grounds, including that the trial court erred by not granting his motion for acquittal due to a statute of limitations defense, the court erred in its instructions to the jury on the Maine Rules of Professional Conduct, the State committed prosecutorial error, and that the evidence was insufficient to convict him.The Supreme Judicial Court rejected all of Thistle's arguments. The court found that Thistle had waived his statute of limitations defense by admitting facts that tolled the limitations period. The court also held that the prosecutor's statements during closing arguments did not constitute error. Finally, the court ruled that there was sufficient evidence to support the jury's finding that Thistle intentionally or recklessly failed to pay the settlement funds to Gilman's children and used the money as his own, thereby committing theft by misapplication of property. View "State v. Thistle" on Justia Law

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In the case before the Maine Supreme Judicial Court, George E. Gooley appealed and Danielle L. Fradette cross-appealed from the District Court’s judgments on their post-divorce and post-trial motions. The court held that the specific provisions concerning parent-child contact and the computation of Gooley’s income, the determination of Gooley’s imputed income, and the award of Fradette’s attorney fees could not be meaningfully reviewed without clear and specific findings. Therefore, those parts of the judgment were vacated and sent back to the lower court for further findings.The couple had divorced and had two minor children. There were several modifications to the divorce judgment, most notably in relation to the children's contact schedule with each parent. Later, Gooley filed a motion for contempt, alleging that Fradette was not following the contact schedule set by the court. Fradette filed a motion for post-judgment relief, requesting modifications to parental rights and responsibilities and asking for attorney fees. Fradette later amended her motion to add her decision to move from Maine to Massachusetts as a basis for modification. The court approved the amendment and held a four-day hearing on the parties’ post-judgment motions.The court found that Fradette met her burden of demonstrating that there had been a substantial change in circumstances due to her plan to relocate to Massachusetts, and granted her motion for post-judgment relief in part. The court awarded Fradette primary residency of the children and the right of final decision-making for the children’s education, and awarded the parties shared parental rights and responsibilities in all other respects. Gooley was awarded contact with the children on specific weekends and Wednesday evenings. The court also ordered Gooley to pay Fradette attorney fees of $30,000.On appeal, the Maine Supreme Judicial Court affirmed the judgments in part but vacated the portions of the judgment related to parent-child contact, computation of Gooley’s income, determination of Gooley’s imputed income, and the award of Fradette’s attorney fees. The court remanded the case for further findings on these matters. View "Gooley v. Fradette" on Justia Law

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In this case, the Maine Supreme Judicial Court affirmed a lower court's decision to terminate a mother's parental rights to her two children. The mother appealed the termination of her rights, asserting that she was deprived of effective legal counsel during the proceedings. The lower court had determined that the children were in jeopardy due to the mother's chronic alcohol abuse, unsafe behavior, and poor decision-making, which included permitting a convicted sex offender to care for the children unsupervised. Despite repeated opportunities, the mother failed to demonstrate sufficient improvement to safely care for her children.The mother also proposed that her own mother or aunt should be appointed as permanency guardians for the children. However, the court found that neither individual was suitable for this role due to their loyalties to the mother and lack of objectivity regarding her addiction and reckless behavior. As such, the court determined that adoption was in the children's best interests.On appeal, the Maine Supreme Judicial Court found no evidence of ineffective assistance of counsel. The court noted that the attorney had adequately presented the mother's case and had advocated for the possibility of a familial permanency guardianship. The court concluded that the mother's claim of ineffective assistance did not meet the threshold for a prima facie case, as there was no evidence of serious incompetency, inefficiency, or inattention from her attorney, nor was there any indication that the outcome of the trial was unjust. Consequently, the decision to terminate the mother's parental rights was upheld. View "In re Children of Shannevia Y." on Justia Law

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The Supreme Judicial Court affirmed the judgment of the superior court granting motions to dismiss and motions for summary judgment in an order that resulted in judgment for all defendants on Plaintiff’s complaint, holding that the proceedings below were without error.Plaintiff filed this action against judges and other court employees, the Board of Overseers of the Bar, the Maine Commission in Indigent legal Services, and the Lewiston Sun Journal challenging Defendants’ actions in an attorney disciplinary proceeding before the Board that resulted Defendant’s two-year suspension from the practice of law with conditions imposed on Plaintiff’s practice. Plaintiff’s complaint asserting numerous causes of action and allegations against Defendants. The superior court entered judgment for Defendants. The Supreme Judicial Court affirmed, holding that the superior court did not err in ruling that (1) most defendants were protected by statutory or common law immunities, (2) there were no disputes of fact regarding Plaintiff’s claims against Defendants, and (3) Defendants were entitled to judgment as a matter of law. View "Carey v. Board of Overseers of the Bar" on Justia Law

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The Supreme Judicial Court dismissed this interlocutory appeal brought by Defendants challenging the superior court’s denial of their motion to seal or strike, holding that Defendants did not demonstrate the irreparable harm necessary for appellate review of the court’s interlocutory order.Plaintiff, the respondent in an attorney discipline proceeding, filed a complaint against Judge Marian Woodman and Judge Nancy Carlson based on their actions and involvement in the disciplinary proceeding. Defendants filed motions to dismiss the complaint and sought imposition of sanctions. After Plaintiff filed a response to the motions the judges filed a motion to seal or strike certain paragraphs of Plaintiff’s response, in which Plaintiff made assertions about the judges and a family member of one of them. The superior court denied the motion. The judges appealed. The Supreme Judicial Court dismissed the appeal, holding that the appeal did not fall within an exception to the final judgment rule. View "Carey v. Maine Board of Overseers of the Bar" on Justia Law

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The Supreme Court concluded that former York County Probate Judge Robert M.A. Nadeau violated Rule 2.11(A) of the Maine Code of Judicial Conduct when he participated in the resolution of a case after acknowledging that he would be required to recuse for bias if an evidentiary hearing were necessary. The court accepted the Committee on Judicial Responsibility and Disability’s recommendation and ordered that Judge Nadeau be publicly reprimanded for violating Rule 2.11(A), noting that, while a sanction was warranted for Judge Nadeau’s misconduct, the need to deter others from similar misconduct was tempered by the fact that Judge Nadeau was no longer a judicial officer and was serving a suspension from the practice of law. View "In re Robert M.A. Nadeau" on Justia Law

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The Supreme Judicial Court denied Robert M.A. Nadeau’s motion for reconsideration of the court’s June 20, 2017 decision in this judicial disciplinary matter. In his motion, Nadeau argued that the sanctions imposed on him - including a two-year suspension from he practice of law and $5,000 forfeiture - for his numerous violations of the Code of Judicial Conduct violated his equal protection and due process of law rights and also violated the Privileges and Immunities Clause. The Supreme Judicial Court held (1) the two-year suspension from the practice of law did not violate Nadeau’s rights to equal protection and due process of law; and (2) a sanction affecting Nadeau’s license to practice law was not misplaced. View "In re Robert M.A. Nadeau" on Justia Law

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Plaintiff, conservator and guardian for his son Vincent Jones, and Plaintiff’s counsel (Attorney) appealed from two orders issued by the probate court that (1) dissolved and replaced a supplemental needs trust that had been created for Vincent’s estate, and (2) directed the Attorney, who created the original trust, to disgorge legal fees paid to her by Vincent and conditionally to pay additional amounts. The Supreme Judicial Court affirmed in part and vacated in part, holding (1) the probate court’s order creating a new supplemental needs trust for Vincent was not void for lack of statutory authority; and (2) the payment order against the Attorney deprived the Attorney of due process. View "In re Guardianship & Conservatorship of Jones" on Justia Law

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The Supreme Judicial Court ordered that former York County Probate Judge Robert M.A. Nadeau forfeit $5,000 and be suspended from the practice of law in Maine for two years for violations of Canons 2(A), 2(B), and 3()(4) of the 1993 Maine Code of Judicial Conduct and for violation of Rule 4.2(C)(1) of the 2015 Maine Code of Judicial Conduct. The court based its sanctions based on two reports filed by the Committee on Judicial Responsibility and Disability alleging a total of six violations of the Maine Code of Judicial Conduct by Nadeau arising from Nadeau’s actions while he was a judge-elect, a sitting judge, and a candidate for reelection as probate judge. View "In re Robert M.A. Nadeau" on Justia Law

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Attorney Susan Thiem represented Ann Thomas, an allegedly incapacitated person, during this action for appointment of a guardian and conservator. During the proceedings, the probate court issued an order imposing sanctions against Thiem based on a finding that she had “unreasonably interfered” with the discovery process. The sanctions order required Thiem to pay reasonable expenses, including attorney fees. Thiem appealed, arguing that the court abused its discretion by imposing sanctions. The Supreme Judicial Court dismissed the appeal as interlocutory without reaching the merits, holding that because the court had not yet quantified the amount of any attorney fees and expenses to be paid by Thiem as a sanction, the sanctions order was not a final judgment suitable for appellate review. View "Conservatorship & Guardianship of Ann B. Thomas" on Justia Law