Discipline of Maine Legislators
Authority for legislative discipline
Maine Constitution Article IV, Part Third, Section 4 states, “Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of 2/3, expel a member, but not a 2nd time for the same cause.” (See Tinkle, The Maine State Constitution 92 (2d ed. 2013) and Opinion of the Justices, 7 Me. 483 (1830)).
The rules of the Maine House of Representatives address the duties and powers of the Speaker. Rule 201(1)(D) states, “The Speaker shall…enforce the observance of order and decorum.”
The rules of the Maine Senate address the duties and powers of the President. Rule 201(7) states, “The President shall…Enforce the observance of order and decorum.”
House Rule 522 states, “The rules of parliamentary practice comprised in Mason's Rules govern the House in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the House and the joint rules of the Senate and House of Representatives. In the event that Mason's Rules do not cover the parliamentary practice in question, then Reed's Rules govern. If neither Mason's Rules nor Reed's Rules cover the parliamentary practice in question, the rules of any other standard authority may be applied.”
Senate Rule 520 states, “The rules of parliamentary practice comprised in "Mason's Manual of Legislative Procedure" or any other standard authority, govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules of the Senate or of the joint rules of the 2 chambers.”
Mason’s Manual of Legislative Procedure addresses discipline of members in Sections 561 (referencing Sections 805, 190, and 191) and expulsion in Sections 562 and 563. Section 121-4 provides for censure of a member who has used disorderly words in debate. Section 190-3 provides for expulsion of, “members who fail, without sufficient cause, to attend when ordered by the house.” Section 221 identifies questions that are recognized as questions of privilege of the house, including expelling or censuring a member or the member’s capacity to serve.
Methodology
This guide addresses legislative discipline in the Maine State Legislature. It does not cover challenges to seating legislators or removal of legislators due to disqualifications from office (e.g. residency).
The information in this guide is derived from several research methods. First, it relies on the library’s records of previous research on this topic. Second, librarians searched OCR-ed versions of the Legislative Record from 1897 to present for the terms “censure”, “expel”, “expulsion”, and “reprimand.” Librarians used the same terms to search LLMC’s collection of Maine Senate and House Journals 1855-1925. Lastly, librarians searched several online newspaper archive services for keywords and phrases related to various concepts of legislator discipline.
This research should not be considered complete or comprehensive. Librarians did not manually search or read the full text of the cited sources. Errors can occur with optical character recognition (OCR), which makes searching these types of documents imprecise. Thirty-four years of legislative journals are in manuscript form and have been transcribed. These journals, 1820-1854, were not included in the research for this guide. The newspaper archive platforms used by the Bangor Daily News, Kennebec Journal, and other publications do not allow advanced search syntax, which significantly limits search precision across millions of articles. LexisNexis allows advanced search syntax, but its news collection goes back only to the 1990s.
The Proceedings/Documents column may not contain all documents or information related to an incident. Please contact the law library for more information.
Table 1. Censure of Maine legislators, 1820-present
Year
Member
Body
Proceedings/Documents
2024
Michael H. Lemelin
(R-Chelsea)
House
131st HR 1, House Resolution, Relating to the Censure of Representative Michael H. Lemelin of Chelsea by the Maine House of Representatives
2024
Shelley Rudnicki
(R-Fairfield)
House
131st HR 2, House Resolution, Relating to the Censure of Representative Shelley Rudnicki of Chelsea by the Maine House of Representatives
2001
John M. Michael
(I-Auburn)
House
Legislative Record, House, February 8, 2001 (p. H-145)
House Resolution, Relating to the Censure of Representative John M. Michael of Auburn by the Committee on Ethics, Maine House of Representatives
Table 2. Expulsion of Maine legislators, 1820-present
Year
Member
Body
Proceedings/Documents
1881
Thomas B. Swan
(Greenback-Minot)
House
House Journal, February 22, 1881 (p. 237)
Resolve expelling Swan
House Journal, February 23, 1881 (p. 248)
Resolve concerning the expulsion of Thomas B. Swan, Representative from Minot
1881 Laws of Maine Civil Government of the State of Maine for the Political Years 1881-2 (pg. 107)
Table 3. Other disciplinary actions against Maine legislators, 1820-present
Year
Member
Body
Proceedings/Documents
2023
Clinton E. Collamore
(D-Waldoboro)
House
131st HC 57, Communication, Pursuant to my authority under House Rule 201.1(I)(a) and Joint Rule 371, I rescind the appointment of Representative Clinton E. Collamore Sr. of Waldoboro from the Joint Standing Committee on Inland Fisheries and Wildlife, effective immediately
Randy Billings, Indicted Democrat Stripped of Committee Assignment, Portland Press Herald (Feb. 3, 2023)
2021
John Andrews
(Libertarian-Paris)
House
130th HC 165, Communication, Committee to discuss the matter of a breach of House Rules. During our deliberations Rep. Andrews admitted to the breach of rules and has volunteered to remove himself from today's House deliberations.
House Communication on Ethics memorandum, June 2, 2021 re: Reprimand of Hon. John Andrews
2021
John Andrews
(Libertarian-Paris)
House
130th HC 158, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Genevieve McDonald of Stonington to the Joint Standing Committee on Innovation, Development, Economic Advancement and Business, replacing Representative John Andrews of Paris, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021)
2021
Sherman H. Hutchins
(R-Penobscot)
House
130 HC 159, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Holly Stover of Boothbay to the Joint Standing Committee on Marine Resources, replacing Representative Sherman Hutchins of Penobscot, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021)
2021
Chris A. Johansen
(R-Monticello)
House
130th HC 160, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Jessica Fay of Raymond to the Joint Standing Committee on Environment and Natural Resources, replacing Representative Christopher Johansen of Monticello, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021)
2021
Michael H. Lemelin
(R-Chelsea)
House
130th HC 162, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Gina Melaragno of Auburn to the Joint Standing Committee on Health and Human Services, replacing Representative Michael Lemelin of Chelsea, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021)
2021
Laurel D. Libby
(R-Auburn)
House
130th HC 161, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Barbara Cardone of Bangor to the Joint Standing Committee on Judiciary, replacing Representative Laurel Libby of Auburn, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021)
2021
Shelley Rudnicki
(R-Fairfield)
House
Legislative Council Decision, May 5, 2021
Motion: That the privileges governing guest access to the State House for Rep. Shelley Rudnicki are indefinitely suspended due to Rep. Rudnicki’s disregard on April 28, 2021 of the explicit requirements set forth in the Legislative Council’s COVID-19 Prevention Policy.
Caitlin Andrews, GOP Lawmaker Disciplined After Activist Incident, Bangor Daily News (May 12, 2021)
2021
Heidi H. Sampson
(R-Alfred)
House
130th HC 157, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Allison Hepler of Woolwich to the Joint Standing Committee on Education and Cultural Affairs, replacing Representative Heidi Sampson of Alfred, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021)
2021
James E. Thorne
(R-Carmel)
House
130th HC 155, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Joyce McCreight of Harpswell to the Joint Standing Committee on Judiciary, replacing Representative James Thorne of Carmel, effective May 25, 2021
130th HC 156, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Victoria Doudera of Camden to the Joint Standing Committee on Marine Resources, replacing Representative James Thorne of Carmel, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021)
2017
Scott M. Hamann
(D-South Portland)
House
128th HC 313, Communication, Speaker Appointment pursuant to House Rule 201.1(I)(a), appoints Rep. McCreight to HHS, replacing Rep. Hamann, effective immediately
128th HC 315, Communication, Speaker Appointment pursuant to House Rule 201.1(I)(a), appoints Rep. Frey to MLI, replacing Rep. Hamann, effective immediately
Jake Bleiberg, House Speaker Boots State Rep from Committees for Anti-Trump Rant, Bangor Daily News (July 14, 2017)
2011
Frederick L. Wintle
(R-Garland)
House
125th HC 180, Communication, Speaker House Rule 201.1(I) rescinds appointment Representative Frederick L. Wintle of Garland as a member of the Joint Standing Committee on Labor, Commerce, Research and Economic Development and appoints Representative Andre E. Cushing, III of Hampden to the Committee on Labor, Commerce, Research and Economic Development
Diana Bowley, State Legislator Barred after Gun Incident, Bangor Daily News (May 23, 2011)
1993
Ralph I. Coffman
(D-Old Town)
House
Legislative Record, House, June 30, 1993 (pg. H-1391)
A. Jay Higgins, Coffman Controversy Continues: Representative Apologizes to House, Bangor Daily News (July 1, 1993)
1991
Dana C. Hanley
(R-Paris)
House
John Powers, House Speaker Martin Deals Hanley Out, Advertiser Democrat (Jan. 17, 1991)
Glen Chase, Hanley: Why No Committee Appointments? Sun-Journal (Jan. 23, 1991)
1984
Donald F. Sproul
(R-Augusta)
House
Mary Plumer, Lawmaker Appeals Ruling on Mailing, Kennebec Journal (March 9, 1984)
1982
Swift Tarbell
(R-Bangor)
House
Legislative Record, House, March 19, 1982 (p. 300)
Davis Rawson, Tarbell Ejected During Tax Fight, Bangor Daily News (March 20, 1982)
Table 4. Attempts to discipline Maine legislators, 1820-present
Year
Member
Body
Proceedings
2021
Charlotte Warren
(D-Hallowell)
House
130th HO 11, House Order, to Require Disciplinary Action Against Representative Charlotte Warren
Last House action: On motion of Representative DUNPHY of Old Town the Joint Order was INDEFINITELY POSTPONED (7/29/2021)
Jessica Lowell, Protests Take Aim at Lawmaker, Kennebec Journal (July 21, 2021)
2017
Scott M. Hamann
(D-South Portland)
House
128th HO 43, House Order, To Expel a Member of the House of Representatives
Last House action: Pursuant to Article IV, Part Third, Section 4 of the Constitution of Maine, this House Order requires the affirmative vote of two-thirds of those present for passage. 24 having voted in the affirmative and 106 in the negative, 24 being less than two-thirds of the membership present, the House Order FAILED PASSAGE (8/2/2017)
1987
Donald F. Sproul
(R-Augusta)
House
Legislative Record, House, May 12, 1987 (p. 795)
House Resolution, Relating to the Discipline, Censure or Expulsion of Representative Donald F. Sproul
John Toole, Sproul Gives Up House Seat, Kennebec Journal (May 16, 1987)
5/22/2024 A-Z List
Authority for legislative discipline
Maine Constitution Article IV, Part Third, Section 4 states, “Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of 2/3, expel a member, but not a 2nd time for the same cause.” (See Tinkle, The Maine State Constitution 92 (2d ed. 2013) and Opinion of the Justices, 7 Me. 483 (1830)).
The rules of the Maine House of Representatives address the duties and powers of the Speaker. Rule 201(1)(D) states, “The Speaker shall…enforce the observance of order and decorum.”
The rules of the Maine Senate address the duties and powers of the President. Rule 201(7) states, “The President shall…Enforce the observance of order and decorum.”
House Rule 522 states, “The rules of parliamentary practice comprised in Mason's Rules govern the House in all cases in which they are applicable and in which they are not inconsistent with the standing rules and orders of the House and the joint rules of the Senate and House of Representatives. In the event that Mason's Rules do not cover the parliamentary practice in question, then Reed's Rules govern. If neither Mason's Rules nor Reed's Rules cover the parliamentary practice in question, the rules of any other standard authority may be applied.”
Senate Rule 520 states, “The rules of parliamentary practice comprised in "Mason's Manual of Legislative Procedure" or any other standard authority, govern the Senate in all cases in which they are applicable and in which they are not inconsistent with the standing rules of the Senate or of the joint rules of the 2 chambers.”
Mason’s Manual of Legislative Procedure addresses discipline of members in Sections 561 (referencing Sections 805, 190, and 191) and expulsion in Sections 562 and 563. Section 121-4 provides for censure of a member who has used disorderly words in debate. Section 190-3 provides for expulsion of, “members who fail, without sufficient cause, to attend when ordered by the house.” Section 221 identifies questions that are recognized as questions of privilege of the house, including expelling or censuring a member or the member’s capacity to serve.
Methodology
This guide addresses legislative discipline in the Maine State Legislature. It does not cover challenges to seating legislators or removal of legislators due to disqualifications from office (e.g. residency).
The information in this guide is derived from several research methods. First, it relies on the library’s records of previous research on this topic. Second, librarians searched OCR-ed versions of the Legislative Record from 1897 to present for the terms “censure”, “expel”, “expulsion”, and “reprimand.” Librarians used the same terms to search LLMC’s collection of Maine Senate and House Journals 1855-1925. Lastly, librarians searched several online newspaper archive services for keywords and phrases related to various concepts of legislator discipline.
This research should not be considered complete or comprehensive. Librarians did not manually search or read the full text of the cited sources. Errors can occur with optical character recognition (OCR), which makes searching these types of documents imprecise. Thirty-four years of legislative journals are in manuscript form and have been transcribed. These journals, 1820-1854, were not included in the research for this guide. The newspaper archive platforms used by the Bangor Daily News, Kennebec Journal, and other publications do not allow advanced search syntax, which significantly limits search precision across millions of articles. LexisNexis allows advanced search syntax, but its news collection goes back only to the 1990s.
The Proceedings/Documents column may not contain all documents or information related to an incident. Please contact the law library for more information.
Table 1. Censure of Maine legislators, 1820-present
|
Year |
Member |
Body |
Proceedings/Documents |
|
2024 |
Michael H. Lemelin (R-Chelsea) |
House |
131st HR 1, House Resolution, Relating to the Censure of Representative Michael H. Lemelin of Chelsea by the Maine House of Representatives |
|
2024 |
Shelley Rudnicki (R-Fairfield) |
House |
131st HR 2, House Resolution, Relating to the Censure of Representative Shelley Rudnicki of Chelsea by the Maine House of Representatives |
|
2001 |
John M. Michael (I-Auburn) |
House |
Legislative Record, House, February 8, 2001 (p. H-145)
House Resolution, Relating to the Censure of Representative John M. Michael of Auburn by the Committee on Ethics, Maine House of Representatives
|
Table 2. Expulsion of Maine legislators, 1820-present
|
Year |
Member |
Body |
Proceedings/Documents |
|
1881 |
Thomas B. Swan (Greenback-Minot) |
House |
House Journal, February 22, 1881 (p. 237) Resolve expelling Swan
House Journal, February 23, 1881 (p. 248) Resolve concerning the expulsion of Thomas B. Swan, Representative from Minot
1881 Laws of Maine Civil Government of the State of Maine for the Political Years 1881-2 (pg. 107) |
Table 3. Other disciplinary actions against Maine legislators, 1820-present
|
Year |
Member |
Body |
Proceedings/Documents |
|
2023 |
Clinton E. Collamore (D-Waldoboro) |
House |
131st HC 57, Communication, Pursuant to my authority under House Rule 201.1(I)(a) and Joint Rule 371, I rescind the appointment of Representative Clinton E. Collamore Sr. of Waldoboro from the Joint Standing Committee on Inland Fisheries and Wildlife, effective immediately
Randy Billings, Indicted Democrat Stripped of Committee Assignment, Portland Press Herald (Feb. 3, 2023) |
|
2021 |
John Andrews (Libertarian-Paris) |
House |
130th HC 165, Communication, Committee to discuss the matter of a breach of House Rules. During our deliberations Rep. Andrews admitted to the breach of rules and has volunteered to remove himself from today's House deliberations.
House Communication on Ethics memorandum, June 2, 2021 re: Reprimand of Hon. John Andrews |
|
2021 |
John Andrews (Libertarian-Paris) |
House |
130th HC 158, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Genevieve McDonald of Stonington to the Joint Standing Committee on Innovation, Development, Economic Advancement and Business, replacing Representative John Andrews of Paris, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021) |
|
2021 |
Sherman H. Hutchins (R-Penobscot) |
House |
130 HC 159, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Holly Stover of Boothbay to the Joint Standing Committee on Marine Resources, replacing Representative Sherman Hutchins of Penobscot, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021) |
|
2021 |
Chris A. Johansen (R-Monticello) |
House |
130th HC 160, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Jessica Fay of Raymond to the Joint Standing Committee on Environment and Natural Resources, replacing Representative Christopher Johansen of Monticello, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021) |
|
2021 |
Michael H. Lemelin (R-Chelsea) |
House |
130th HC 162, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Gina Melaragno of Auburn to the Joint Standing Committee on Health and Human Services, replacing Representative Michael Lemelin of Chelsea, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021) |
|
2021 |
Laurel D. Libby (R-Auburn) |
House |
130th HC 161, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Barbara Cardone of Bangor to the Joint Standing Committee on Judiciary, replacing Representative Laurel Libby of Auburn, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021) |
|
2021 |
Shelley Rudnicki (R-Fairfield) |
House |
Legislative Council Decision, May 5, 2021
Motion: That the privileges governing guest access to the State House for Rep. Shelley Rudnicki are indefinitely suspended due to Rep. Rudnicki’s disregard on April 28, 2021 of the explicit requirements set forth in the Legislative Council’s COVID-19 Prevention Policy.
Caitlin Andrews, GOP Lawmaker Disciplined After Activist Incident, Bangor Daily News (May 12, 2021) |
|
2021 |
Heidi H. Sampson (R-Alfred) |
House |
130th HC 157, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Allison Hepler of Woolwich to the Joint Standing Committee on Education and Cultural Affairs, replacing Representative Heidi Sampson of Alfred, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021) |
|
2021 |
James E. Thorne (R-Carmel) |
House |
130th HC 155, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Joyce McCreight of Harpswell to the Joint Standing Committee on Judiciary, replacing Representative James Thorne of Carmel, effective May 25, 2021
130th HC 156, Pursuant to my authority under House Rule 201.1(I)(a), I am appointing Representative Victoria Doudera of Camden to the Joint Standing Committee on Marine Resources, replacing Representative James Thorne of Carmel, effective May 25, 2021
Edward D. Murphy, Lawmakers Lose Committee Assignments After Breaking State House Mask Rule, Portland Press Herald (May 12, 2021) |
|
2017 |
Scott M. Hamann (D-South Portland) |
House |
128th HC 313, Communication, Speaker Appointment pursuant to House Rule 201.1(I)(a), appoints Rep. McCreight to HHS, replacing Rep. Hamann, effective immediately
128th HC 315, Communication, Speaker Appointment pursuant to House Rule 201.1(I)(a), appoints Rep. Frey to MLI, replacing Rep. Hamann, effective immediately
Jake Bleiberg, House Speaker Boots State Rep from Committees for Anti-Trump Rant, Bangor Daily News (July 14, 2017) |
|
2011 |
Frederick L. Wintle (R-Garland) |
House |
125th HC 180, Communication, Speaker House Rule 201.1(I) rescinds appointment Representative Frederick L. Wintle of Garland as a member of the Joint Standing Committee on Labor, Commerce, Research and Economic Development and appoints Representative Andre E. Cushing, III of Hampden to the Committee on Labor, Commerce, Research and Economic Development
Diana Bowley, State Legislator Barred after Gun Incident, Bangor Daily News (May 23, 2011) |
|
1993 |
Ralph I. Coffman (D-Old Town) |
House |
Legislative Record, House, June 30, 1993 (pg. H-1391) A. Jay Higgins, Coffman Controversy Continues: Representative Apologizes to House, Bangor Daily News (July 1, 1993) |
|
1991 |
Dana C. Hanley (R-Paris) |
House |
John Powers, House Speaker Martin Deals Hanley Out, Advertiser Democrat (Jan. 17, 1991)
Glen Chase, Hanley: Why No Committee Appointments? Sun-Journal (Jan. 23, 1991) |
|
1984 |
Donald F. Sproul (R-Augusta) |
House |
Mary Plumer, Lawmaker Appeals Ruling on Mailing, Kennebec Journal (March 9, 1984) |
|
1982 |
Swift Tarbell (R-Bangor) |
House |
Legislative Record, House, March 19, 1982 (p. 300)
Davis Rawson, Tarbell Ejected During Tax Fight, Bangor Daily News (March 20, 1982) |
Table 4. Attempts to discipline Maine legislators, 1820-present
|
Year |
Member |
Body |
Proceedings |
|
2021 |
Charlotte Warren (D-Hallowell) |
House |
130th HO 11, House Order, to Require Disciplinary Action Against Representative Charlotte Warren
Last House action: On motion of Representative DUNPHY of Old Town the Joint Order was INDEFINITELY POSTPONED (7/29/2021)
Jessica Lowell, Protests Take Aim at Lawmaker, Kennebec Journal (July 21, 2021) |
|
2017 |
Scott M. Hamann (D-South Portland) |
House |
128th HO 43, House Order, To Expel a Member of the House of Representatives
Last House action: Pursuant to Article IV, Part Third, Section 4 of the Constitution of Maine, this House Order requires the affirmative vote of two-thirds of those present for passage. 24 having voted in the affirmative and 106 in the negative, 24 being less than two-thirds of the membership present, the House Order FAILED PASSAGE (8/2/2017) |
|
1987 |
Donald F. Sproul (R-Augusta) |
House |
Legislative Record, House, May 12, 1987 (p. 795)
House Resolution, Relating to the Discipline, Censure or Expulsion of Representative Donald F. Sproul
John Toole, Sproul Gives Up House Seat, Kennebec Journal (May 16, 1987) |
5/22/2024 A-Z List