LEWISTON, Maine — A Maine District Attorney was admonished on Monday, May 20 by the Board of Overseers of the Bar during a disciplinary hearing.
Maeghan Maloney, the D.A. for Kennebec and Somerset counties, is accused of misconduct in a trial that dates back to June of 2014, regarding Eric Bard of Sidney -- a man who faced multiple child sexual assault charges.
During a hearing for the case on June 12, 2014, one of the attorneys on Bard's defense counsel said that Maloney had engaged in improper conduct. Maloney was not present, since an assistant Attorney General had been assigned to the case.
Following those accusations, the trial judge asked Maloney to appear in the judge's chambers. Maloney complied, and when the trial judge asked her whether she had engaged in misconduct, Maloney responded to the questions.
A couple of months later in August, Bard's defense counsel accused the judge of engaging in ex parte communications with Maloney. The Maine Rules of Professional Conduct prohibit attorneys from engaging in this type of discussion with a judge when it concerns a pending proceeding.
In 2015, Bard was sentenced to 50 years in prison after he was convicted of the sexual assault of a 4-year-old girl. Last March, however, Bard's conviction was overturned because of the ex parte communications Maloney took part in, and a new trial was ordered.
The Kennebec Journal recorded Maloney's response to the Board about her ex parte communications with the judge after the hearing on Monday.
"I now understand I should not have responded to his request, and I should not have answered his questions," Maloney said. "I think it’s an important message that, when you find yourself in a position like that, with someone that has power over you, to stand up for yourself."
In their findings, the Board did note that Maloney's situation was unique, since the judge had directed her to appear and answer questions. Part of the Board's conclusion reads as follows:
"DA Maloney agrees that her misconduct violated duties that she owed to the profession. DA Maloney did engage in an improper discussion with the trial court, but she believed she was required to respond to the court’s directive to appear for that meeting. The Commission also finds that while DA Maloney did communicate information relevant to a determination of Bard’s competency, she subjectively believed that she was required to provide this information to ensure that she was completely and fully responding to the trial judge’s questions. DA Maloney recognizes that she should not have commented on Bard’s defense counsel."
The Board added that an admonishment is not a punishment; rather, it is a non-disciplinary sanction to be imposed "only in cases of minor misconduct, when there is little or no injury to a client, the public, the legal system, or the profession, and when there is little likelihood of repetition by the lawyer," according to Maine Bar Rules.
The Kennebec Journal reports it is unclear at this time whether the judge is facing disciplinary action.