In re Nadeau

2018 ME 18, 178 A.3d 495
CourtSupreme Judicial Court of Maine
DecidedJanuary 25, 2018
DocketDocket: Jud-17-2
StatusPublished
Cited by4 cases

This text of 2018 ME 18 (In re Nadeau) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Nadeau, 2018 ME 18, 178 A.3d 495 (Me. 2018).

Opinion

PER CURIAM

[¶1] In May 2017, the Committee on Judicial Responsibility and Disability filed a report with us in our capacity as the Supreme Judicial Court alleging that former York County Probate Judge Robert M.A. Nadeau violated Rule 2.11(A) of the Maine Code of Judicial Conduct1 when he. participated in the parties’ resolution of a case after acknowledging that he would be required to recuse for bias if an evidentia-ry hearing in the matter were necessary. We conclude that Judge Nadeau’s2 conduct constituted a violation of Rule 2.11(A), and we impose a public reprimand.

I. FACTS AND PROCEDURE

[¶ 2] The facts are not disputed. On August 6, 2015, Judge Nadeau- appointed Kerri Gottwald to serve as guardian for the minor daughter of Devora Gavel. Sometime thereafter Gavel made negative social media postings concerning Judge Nadeau, to which a person using the name of Judge Nadeau’s wife responded. Judge Nadeau acknowlédges in his brief that he was aware of Gavel’s postings.

[¶ 3] In April 2016, after Judge Nadeau was made aware of Gavel’s postings, Gott-wald asked the York County Probate Court to order Gavel to pay child support, In an order signed May 2, 2016,. directing the Register of Probate. to schedule a hearing on Gottwald’s request, Judge Na-deau noted that “[t]he Court may also consider the undersigned judge’s disqualification at the hearing.”

[¶ 4] On June 27, 2016, Gavel’s counsel filed a “motion to transfer,” asking that Judge Nadeau recuse and that the case be heard by another judge, citing (1) former M. Code Jud. Conduct' Canon 3(E)(2) (Tower 2014);3 (2) Judge Nadeau’s own suggestion that his disqualification might be required; and '(3) Gavel’s wishes. On July 5, 2016, the day of the scheduled hearing, Gavel filed a pro se motion to recuse, citing the negative social media exchange that she had had with “Judge Nadeau and/or his wife,” and asserting that “Judge Nadeau is biased against me and therefore should have recused himself upon my request on June 27th, and in fact should have recused himself without my insistence.”

[¶ 5] The matter proceeded to a hearing on July 5 at which both parties were represented by counsel. At the outset, Judge Nadeau acknowledged both Gavel’s pro se motion to recuse and her counseled motion to transfer. He then stated that “[t]he only issue before the Court ... is child support”; discussed the “generally rote” nature of child support calculations; inquired of Gottwald’s counsel whether Gottwald contested the income that Gavel reported in her child support affidavit; and asked Gavel’s counsel to confirm the amount, source, and effective date of that income. During that discussion, Gavel’s counsel advised Judge Nadeau that Gavel was “uncomfortable” with proceeding, “feeling that in her view ... there is possibly some reason for something to go more harshly against her.” Gottwald’s counsel advised the court that, “I’m not satisfied that [the income information provided by Gavel] is the information to be used for calculation of [child support].”

[¶ 6] At that point, after asking Gott-wald’s counsel, “So how do you want to proceed?” Judge Nadeau said,

So then if I am charged with having to do a hearing as opposed to just having agreed upon numbers, then I have to assess credibilities. And, at this point, because I do have problems with Ms. Gavel’s credibility, I would then have to grant the motion to recuse.

[¶ 7] Gottwald’s counsel expressed confusion as to why Judge Nadeau was taking that stance and noted that “[i]f the Court had a hearing before and had an issue with credibility and the Court issued an order based on that, there’s no grounds for recu-sal.”4 After asking counsel whether he had seen “what Ms. Gavel has just submitted,” Judge Nadeau advised that “if there were an evidentiary hearing, I think, it would be appropriate for me to disqualify myself.”

[¶8] Gottwald’s counsel then said that he would advise Gottwald to “accept the child support now just based on the numbers that are before [the court] ... [a]nd that .., avoids an evidentiary hearing, I suppose.” Judge Nadeau responded, “Okay. I mean, it’s up to [Gottwald], I don’t want to deprive her of her right to have a hearing. But if she doesn’t want to contest the numbers that Ms. Gavél is presenting, that’s easy.” Gavel’s counsel, after a private discussion with her client, told the court that Gavel would accept a child support order requiring her to pay $23 per week based on income of $240 per week.

[¶ 9] Gottwald’s counsel then asked for “stipulations” to the child support order that would require Gavel to provide annual documentation verifying her income. Gavel demurred, -stating through counsel that she “probably would not agree to that.... She’s really uncomfortable with the exchange of any information.” Judge Nadeau responded that “[fit’s normally what we see in child support matters ... [Gott-wald’s] request is pretty standard, at least insofar as the reporting is concerned.” To this, Gavel’s attorney said, “We’d be satisfied with the Court’s ruling.”

[¶ 10] In his brief, Judge Nadeau describes what followed as him serving “in the capacity of a settlement judge only,” as he negotiated the retroactive starting date for Gavel’s child support obligation, the ongoing income verification that she would be required to provide, and the terms under which she would provide it.5 At the conclusion of the hearing, Judge Nadeau denied without prejudice Gavel’s motions to recuse and to transfer.

[¶ 11] Nine days later, Gavel filed a complaint against Judge Nadeau with the Committee on Judicial Responsibility and Disability, asserting, in part, that “it is my belief that Nadeau intentionally refused to recuse himself, with full knowledge and awareness of his dear bias, in an effort to retaliate against, humiliate and bully me for speaking out against him in the upcoming election.” (Emphasis in original.) The Committee reported the matter to us and recommended disciplinary action against Judge Nadeau for violating Rule 2.11(A). Both the Committee and Judge Nadeau filed briefs and the report is now in order for our consideration.

II. DISCUSSION

A. Judicial Misconduct

[¶ 12] The Maine Supreme Judicial Court “has exclusive original jurisdiction in matters of judicial discipline.” In re Nadeau, 2017 ME 121, ¶ 3, 168 A.3d 746 (quotation marks omitted). As a judge of the Probate Court at the time of the hearing in this matter, Judge Nadeau was required to comply with Rule 2.11(A) of the Maine Code of Judicial Conduct. M. Code Jud. Conduct 1(B). The Rule provides, in part:

(A) A judge shall disqualify or recuse himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances:

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Cite This Page — Counsel Stack

Bluebook (online)
2018 ME 18, 178 A.3d 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nadeau-me-2018.