In re Holmes

Summary

The Maine Supreme Judicial Court held that Probate Judge Lyman L. Holmes violated Canon 3(B)(8) of the Maine Code of Judicial Conduct by failing to dispose of judicial matters promptly. The court publicly reprimanded Judge Holmes and required him to submit periodic reports concerning cases pending under advisement, but declined to impose a one-month suspension. The violations involved substantial delays in several probate and family-related matters, including cases concerning guardianship and family contact with children.

Holdings

1. Judge Holmes violated Canon 3(B)(8) by failing to dispose of judicial matters promptly; his pattern of prolonged delays constituted a violation.
2. A one-month suspension from judicial duties without pay was not warranted because Judge Holmes acknowledged the violations, had adopted an effective corrective plan, had no prior discipline, and had a lengthy record of service.

Questions Presented

1. Whether Judge Holmes's pattern of delaying decisions in at least five cases violated Canon 3(B)(8) of the Maine Code of Judicial Conduct.
2. What sanction was appropriate for the violations, including whether to impose a one-month suspension without pay in addition to a public reprimand and corrective action plan.

Disposition

other