Proposed Amendment to
Maine Rules of Professional Conduct
to Prohibit Harassment and Discrimination

The Maine Supreme Judicial Court will hold a public hearing at 1:30 p.m. on Tuesday, October 23, 2018, at the Cumberland County Courthouse in Portland, in Courtroom 12, to receive oral comments regarding a proposed amendment to the Maine Rules of Professional Conduct to add a Rule 8.4(g) to prohibit harassment and discrimination.

The proposal is the result of a recommendation by the Advisory Committee on Professional Conduct, an invitation for comments on that proposal, consideration of those comments, a second proposal, and comments on the second and current proposal.

The following are the documents related to the proposal:

  • Original proposed amendment to M.R. Prof. Conduct 8.4 by the Committee on Professional Conduct.
  • Comments received by the Court in response to an invitation to comment on the first proposal:
    • Comments of Bernstein Shur
    • Comments of Roger Clement, Esq., David P. Crocker, Esq., Bryan M. Dench, Esq., Joshua D. Dunlap, Esq., Gregory S. Fryer, Esq., Joanne Fryer, Esq., Robert B. Gregory, Esq., Ardith Keef, Esq., Ronald P. Lebel, Esq., Richard Moon, Esq., Christopher R. Smith, Esq., William Smyth, Esq., and Stephen C. Whiting, Esq.
    • Comments of Drummond Woodsum
    • Comments of Charles E. Gilbert III, Esq.
    • Comments of A.J. Greif, Esq.
    • Comments of Robert Hark, Esq.
    • Comments of Stephen T. Hayes, Esq.
    • Comments of the Immigration Legal Advocacy Project
    • Comments of Bruce R. Johnson
    • Comments of Legal Services for the Elderly
    • Comments of Bill Leonard, Esq.
    • Comments of Maine Equal Justice Partners
    • Comments of the Maine Human Rights Commission
    • Comments of the Maine Justice Foundation
    • Comments of the Maine State Bar Association
    • Comments of Charles W. March, Esq.
    • Comments of Frank T. McGuire, Esq.
    • Comments of Walter F. McKee, Esq.
    • Comments of Murray Plumb & Murray
    • Comments of Pine Tree Legal Assistance
    • Comments of Michael R. Poulin, Esq.
    • Comments of Preti Flaherty
    • Comments of Andrew Schmidt, Esq.
    • Comments of Deidre M. Smith, Esq.
    • Comments of Zachary J. Smith, Esq.
    • Comments of Allan K. Townsend, Esq.
    • Comments of Volunteer Lawyers Project
    • Comments of Rebecca S. Webber, Esq., and Jordan Payne Hay, Esq.
    • Comments of Martin C. Womer, Esq.
  • Letter from Chief Justice Leigh I. Saufley to Clifford Ruprecht, Esq., Chair, Advisory Committee on the Rules of Professional Conduct, dated January 18, 2018
  • Second and current proposal for amendment of M.R. Prof. Conduct 8.4
  • Comments received by the Court in response to an invitation to comment on the second and current proposal (and on a simultaneous proposal to require Continuing Legal Education (CLE) credits in preventing harassment and discrimination, which has since been adopted):
    • Comments of Berman & Simmons
    • Comments of Bernstein Shur
    • Comments of Josh Blackman
    • Comments of the Christian Legal Society
    • Comments of Bryan Dench, Marsha Weeks Traill, David P. Crocker, Stephen C. Whiting, Janet E. Michael, Jeri E. Brown, Lisa E. Roche, Roger A. Clement Jr., Robert B. Gregory, Robert Danielson, Roger Hurley, Joseph Moser, James H.K. Bruner, Brett D. Baber, Paul O. Dillon, David R. Dubord, and Michael F. Phillips Jr.
      • Supplemental comment of Bryan Dench, Marsha Weeks Traill, David P. Crocker, Stephen C. Whiting, Jeri E. Brown, Roger A. Clement Jr., Robert B. Gregory, Robert Danielson, Brett D. Baber, David R. Dubord, Daniel E. Wathen, Marilyn E. Mistretta, Christopher Coggeshall, Christopher R. Smith, and Andrew J. Zulieve
      • Second supplemental comment of Bryan Dench, Stephen C. Whiting, Roger A. Clement Jr., and Robert B. Gregory
      • Third supplemental comment of Bryan Dench, Stephen C. Whiting, Roger A. Clement Jr., Robert B. Gregory, and Bradley Abramson
    • Comments of Christopher C. Dinan
    • Comments of John Doyle
    • Comments of Peter C. Fessenden
    • Comments of Courtney Michalec Hart
    • Comments of Stephen T. Hayes
    • Comments of Paula House
    • Comments of Douglas S. Kaplan
    • Comments of John David Kennedy
    • Comments of the Maine Human Rights Commission
    • Comments of Michael K. Martin
    • Comments of Cynthia M. Mehnert
    • Comments of the Maine State Bar Association
    • Comments of the National Lawyers Association
    • Comments of the National Legal Foundation
    • Comments of Gerald F. Petruccelli
    • Comments of Pine Tree Legal Assistance
    • Comments of Michael L. Rair
    • Comments of Robert J. Ryan
    • Comments of Eugene Volokh
    • Comments of Neal Weinstein
    • Comments of J. Douglas Wellington