Robert M.A. Nadeau

AUGUSTA — Robert M.A. Nadeau notified the Maine Board of Overseers of the Bar that he was withdrawing his petition for reinstatement as a Maine attorney, wouldn’t be showing up for a hearing and, given likely continued resistance to his reinstatement, was “no longer interested in being one.”

The hearing went ahead however, and the hearing panel rejected Nadeau’s initial suggestion that he be permitted to withdraw his petition without prejudice – which, if granted, would mean it could be brought again — and said it will recommend to the Maine Supreme Judicial Court that he not be allowed to apply for reinstatement for at least a year.

Nadeau, of Biddeford, was suspended for a two-year period in October 2017 in connection with findings by the Maine Supreme Judicial Court that he had violated judicial canons during his time as York County Judge of Probate.

He had applied for reinstatement in October 2019 and a hearing before the oversight board was set for Feb. 3.

The oversight board had earlier said it opposed Nadeau’s reinstatement.

According to a report of findings on file at the Board of Bar Overseers, Nadeau notified bar counsel and the bar overseers’ clerk by email at 8:19 p.m. Saturday, Feb. 1 that he was withdrawing his petition.

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Nadeau wrote that given the oversight’s panel’s position on his reinstatement and his recent attainment of his 65th birthday he had decided, in consultation with his wife and family, not to proceed.

“Accordingly, you may consider my petition for reinstatement to have been withdrawn by me, notwithstanding its merits, and you should report that the hearing scheduled for Monday shall be deemed canceled,” Nadeau wrote, in part. “You may also prepare and file an assented-to motion to dismiss my petition without prejudice, noting its withdrawal by me, provided that you will first run your draft by me for my review and approval.”

His email was acknowledged on Sunday, Feb. 2. The board clerk noted that given it was the weekend, a response from the panel hearing the case might not be forthcoming, and advised he attend.

Nadeau pointed out that it was already four months beyond his two-year suspension, and citing opposition by the overseers board, believed resistance to his reinstatement would continue.

“I see no need or reason for me to travel to Augusta under such circumstances, as there is nothing more to accomplish,” Nadeau wrote. “I’m not a Maine attorney, and I no longer have an interest in being one, given this experience.”

In June 2016, the justices of the Maine Supreme Judicial Court found that Nadeau violated judicial canons when he directed probate court staff not to make court appointments to seven attorneys; he removed a previously appointed attorney from pending cases; he issued orders urging litigants appearing before him to lobby for increased court time; and personally solicited campaign contributions for his 2016 election campaign.

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Nadeau served several terms as York County judge of probate. He was first elected in 1996. He lost the 2008 election but was returned to the bench in 2012; he was defeated in the Nov. 2016 election.

In his petition to the board, Nadeau said he had complied with the criteria for reinstatement.

He said he had fully met the terms and conditions of all prior disciplinary orders issued; had not engaged in the unauthorized practice of law during his suspension; had never suffered from any physical or mental disability or infirmity; and had fully acknowledged the wrongfulness and seriousness of the misconduct for which he was suspended. He said he had not engaged in any other professional misconduct since the time of his suspension.

Nadeau has a law practice in neighboring New Hampshire.

A clerk at the Maine Supreme Judicial Court on Feb. 19 said the matter has been assigned to a single justice for a decision on the oversight panel’s recommendation.

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