Three prominent Maine attorneys — two who are state employees and the third who works for one of the state’s largest regulated utility companies — will appear together this week before the grievance committee of the Maine Board of Overseers of the Bar, the professional organization monitoring attorney conduct.
The lead attorney for Central Maine Power, Ken Farber, and two lawyers for state agencies, Joanne Steneck of the Maine Public Utilities Commission and Eric Bryant of the Maine Office of the Public Advocate (which represents consumer interests before the PUC), face allegations that they violated the rules of good attorney practice when handling a complaint before the PUC.
Bar Overseers staff say it’s “rather unusual” to have more than one attorney being considered for discipline during a single hearing, and only “rarely” in the committee’s roughly 200-case annual workload does a lawyer for a state agency appear, much less two.
The origins of this case stretch back several years — to a 2005 complaint from Levant resident Bob Bemis about CMP’s practices handling connecting electricity service to newly built homes. Steneck ran the hearing process for the PUC, in which Farber represented CMP and Bryant the OPA.
At issue before the grievance committee is whether the three attorneys communicated with some parties while excluding others, a practice called “ex parte communication” that is specifically banned in both PUC rules and separate bar rules governing attorney conduct statewide.
Bemis has alleged they did so, specifically by not sending him copies of e-mailed discussions they had, which he claims led to prearranged decisions he disagreed with as the inquiry moved along. (PUC processes are typically very slow; this one remains unresolved.)
All three attorneys have denied that they did anything wrong, and Farber’s written response to the allegations specifically notes that Bemis consented to being left out of at least one communication, on May 16, 2007.
Peter DeTroy, Bryant’s attorney, explained his client’s response — which is very similar to the others’ — by saying that it is in four parts: 1) the communications were not prohibited; 2) they had no substantive content (DeTroy suggested they might have been asking for a reminder about a meeting time, as an example); 3) anything that was substantive was only communicated after receiving permission from the parties left out; and 4) if there was anything substantive communicated without permission, it was ultimately immaterial because everyone was brought up to speed before any decisions were made.
The grievance commission will hear the case on Wednesday, Thursday, and Friday, and will ultimately issue a ruling on whether any or all of the attorneys did anything wrong or face further sanction. There is no deadline by which they must make a decision.
Related:
Most popular articles of 2009, A lawyer’s adventures in bad judgment, RISD tunes up its moonbuggy, More 
- Most popular articles of 2009
The stories you couldn't not read this year
- A lawyer’s adventures in bad judgment
People who know Keven McKenna know he is not a stupid man. Whether or not the Providence attorney, ex-state representative, and Harold Stassen of Providence mayoral races uses good judgment is another question.
- RISD tunes up its moonbuggy
At the Rhode Island School of Design’s NASA-sponsored industrial design studio, the evidence of late-night activity is aplenty: granola bar wrappers, an empty Orangina bottle, and a crumpled potato-chip bag.
- Split atop the RI Tea Party
The Rhode Island Tea Party, a right-wing assemblage best known for its tax day rally against government spending on the State House steps, was until recently run by three women — Colleen Conley, Marina Peterson and, to a lesser degree, Nan Hayden. But no more.
- 2009 had some redeeming qualities - really
Let's get serious: For many Portlanders, 2009 was a crap year.
- Ready to rumble
Last summer, the upcoming race that got most Bay State politicos salivating was the run for governor.
- Front Room battle goes to court
Next time you're at the Front Room, order that Old Fashioned with extra bitters. There's enough to go around.
- A fool for everyone
Time to dispose of a few inconsequential gubernatorial candidates.
- The Cultural Caucus's big gamble
The recently formed Cultural Caucus, a loose, formal coalition comprising a dozen arts-friendly state legislators, appears poised to christen its political life by inserting itself into what could be the most intense statewide political battle of the spring legislative session: the move to allow casino gambling in Massachusetts.
- A black leadership silent on abortion fabrications
Last month, controversial anti-abortion-rights billboards appeared in Georgia hinting that abortion is a tool of black genocide.
- UMass racial-confrontation case may finally come to a close
A racial incident that rocked Western Massachusetts two years ago may finally be laid to rest this week, as a black former UMass Amherst student charged with aggravated assault returns to court, apparently having reached an agreement with the Northwestern District Attorney’s Office.
- Murderabilia
Incarcerated in a maximum-security prison in Cranston, Rhode Island, Jeff Mailhot grabbed a pen and a sheet of stationery and traced an outline of his beefy left hand.
- Less
Topics:
This Just In
, Maine Public Utilities Commission, Maine Public Utilities Commission, News, More
, Maine Public Utilities Commission, Maine Public Utilities Commission, News, Nation, Central Maine Power, Headlines, Maine Board of Overseers of the Bar, Ken Farber, Ken Farber, Joanne Steneck, Less
