ALFRED — Citing the Dec. 31 end of York County Judge of Probate Robert M.A. Nadeau’s current term of office, Justice Robert Clifford said that he wants to hand over his findings to the Maine Supreme Judicial Court soon on ethics charges filed against the judge by a judicial oversight panel.
In January, the Maine Committee on Judicial Responsibility and Disability issued a report that asserts Nadeau breached judicial canons when making an abrupt schedule change in the probate court last year following the rejection by county commissioners of more pay and additional court hours.
The report also addressed complaints from seven attorneys whom Nadeau had initially removed from a list for court-appointed duties.
The judicial oversight committee is recommending that Nadeau be suspended for the remainder of his elected term, and that he be ordered to remit his salary for the period.
Nadeau is seeking re-election on the November ballot as an Independent candidate. He is being challenged by Democrat Bryan Chabot and Independent Bernard Broder.
Testimony from York County government witnesses was heard Thursday morning. Nadeau was to testify Thursday afternoon.
It was the second day of a hearing in the case assigned to Clifford, a retired justice, by the Maine Supreme Judicial Court. The first day was held in May.
The abrupt scheduling change wreaked havoc in the probate office, according to testimony Thursday, requiring the office to be closed to the public two half-days to effect the changes.
And while Cabanne Howard, executive director and attorney for the judicial oversight committee, agreed that the establishment of a trailing trial docket has ultimately cleared up the trial backlog, he said there are continued delays for other matters that come before the court.
Register of Probate Carol Lovejoy on Thursday testified that routine matters are now being scheduled 31/2 months out, rather than the 45 days to two-month time frame before Nadeau ordered the scheduling change on April 15, 2015.
The order to make the change came via email just hours after Nadeau lost a bid for a larger salary and more court time.
York County Commissioners had declined to raise Nadeau’s salary from $48,000 for eight court days a month to $90,000 for 12 days, or $119,000 for a full-time judgeship. Nadeau did get a raise that year, to $54,000.
Nadeau maintains he made the change to allow for more time to deal with an ever-growing number of contested probate issues in his court.
On Thursday, Nadeau took the court back to the early 2000s when he was on the bench, noting that he used some of his own salary to fund a staff position when county commissioners chose not to do so, and also spent $6,000 on new computers for the probate office.
“Money was not an issue with me then,” he pointed out.
Howard noted several times throughout the morning session his belief that Nadeau’s line of questing was irrelevant, because it is the motivation that is in question.
Nadeau pointed out that in March 2015, he had discussed the need with Lovejoy to consider changes in the trial docket.
“There were hints at possible changes coming,” said Lovejoy.
Howard asked Lovejoy how Nadeau responded after commissioners had denied his salary and court time request.
Lovejoy said he left the meeting before the vote, but appeared to know that his request would be denied. Some time later, she said, he reflected on his decision to make an abrupt schedule change during a conversation between the two.
“(He said) had he known it was going to cause so much trouble, he would have phased them in,” she said.
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.
Comments are not available on this story.
Send questions/comments to the editors.
