Maine Supreme Court justice could be sanctioned

(The Center Square) — A Maine judicial oversight committee recommends a Supreme Judicial Court justice be sanctioned for not recusing herself from several cases that impacted the state’s foreclosure laws.

The state’s Committee on Judicial Conduct said a review has determined that Justice Catherine Connors, a former private practice attorney whose previous clients included large banks, violated the Maine Code of Judicial Conduct by participating in major foreclosure cases earlier this year.

“Justice Connors’ failure to be sensitive to the appearance of impropriety and recuse herself in the face of it, not only violates the Judicial Code of Conduct, but it undermines public confidence in the judiciary,” John A. McArdle, the committee’s general counsel, wrote in the recommendation.

“Homeownership and foreclosure actions are serious matters and of concern to Mainers,” McArdle wrote. “Justice Connors’ lack of sensitivity to the appearance of impropriety should have been, but apparently was not, self-evident.”

The decision stems from a complaint filed in January by Yarmouth-based foreclosure attorney Thomas A. Cox, alleging that Connors should have recused herself from the recent foreclosure cases that ultimately went in favor of the lenders.

In those cases — Finch v. U.S. Bank, N.A., 5-2, and J.P. Morgan Mortgage Acquisition Corp. v. Moulton — the court ruled 4-3 in the lender’s favor. The impact of those rulings also upended Maine’s foreclosure laws, which had previously prohibited banks from suing borrowers for defaulting on their loans more than once if the first case was dismissed. Advocates say the rulings removed a critical safeguard for borrowers.

Connors, appointed to the Supreme Court in 2020, had worked on a pair of 2017 court cases — Fannie Mae v. Deschaine and Pushard v. Bank of America — representing Bank of America and other lenders.

In his complaint, Cox argued that the high court’s reversal of those cases undermines the states’ mortgage laws and will enrich Connors’ former clients. He pointed to federal case law and judicial standards, holding that judges should recuse themselves from cases if a “reasonable person” believes they shouldn’t preside over them.

“Even though a decision on this complaint cannot by itself undo the damage resulting from Justice Connors’ conduct, a resolution of the issues raised may prevent further damage,” Cox wrote in the complaint.

It’s unclear whether she will face reprimand as Maine largely keeps judicial conduct proceedings shielded from the public unless disciplinary action is taken against a judge.

If the committee finds the complaint amounts to misconduct, it can report the findings to Supreme Court Chief Justice Valerie Stanfill for consideration, meaning that Connors’ sanctions could be determined by her fellow justices.