Chief Justice Wathen resigns to run for governor

AUGUSTA – Chief Justice Daniel E. Wathen reshaped Maine’s political landscape Wednesday when he said he was resigning from the Maine Supreme Judicial Court to run for governor.

Wathen, 61, would not elaborate on his plans until his resignation became effective at midnight Wednesday. He has scheduled a news conference for this morning at the Augusta Civic Center, where he plans to discuss his political aspirations in greater detail.

At least one motivating factor was clear. In his letter of resignation to Gov. Angus S. King, Wathen cited last month’s suicide hijackings that destroyed the World Trade Center as critical events that forced him to take stock of his own life.

“September has been a month of national tragedy, reflection, commitment and resolve,” Wathen wrote. “For me, it has also marked the completion of 24 years of service on the bench with nearly the last ten of those years devoted to leading the third branch of Maine’s government.”

For his part, King had no comment for reporters in response to Wathen’s decision. Aides to the governor said King was taken completely by surprise when Wathen hand-delivered the letter to him Wednesday morning. The governor may choose a sitting member of the Supreme Court as Wathen’s replacement or he may search outside the court system. Wathen said his senior associate, Justice Robert Clifford, and Ted Glessner, the state court administrator, will manage the courts on a daily basis until his replacement is named.

A native of Easton in Aroostook County, Wathen currently resides in Augusta and is a registered Republican. Friends of the chief justice speculated that Wathen would probably run as an independent candidate in a publicly funded campaign under Maine’s Clean Elections Act. Wathen was reportedly busy Wednesday fleshing out his election organization.

A graduate of the former Ricker College in Houlton, Wathen received his law degree from the University of Maine School of Law. His judicial appointments span the spectrum of Maine politics. After a decade in private practice, Wathen was appointed a Superior Court justice in 1977 by Gov. James B. Longley Jr., an independent. He was nominated to the Maine Supreme Judicial Court in 1981 by Democratic Gov. Joseph E. Brennan. Gov. John R. “Jock” McKernan, a Republican, selected him as his choice for chief justice in 1992.

Politically, Wathen rarely revealed his hand in the hundreds of opinions and decisions he has issued over his career. He has been an ardent proponent of legislation designed to simplify the internal workings of Maine’s court system and an advocate for greater protections under the law for domestic violence victims. Perceived as a strong leader within the state’s highest court, Wathen is known as a centrist who often takes a common sense approach to the law with a heavy emphasis on fairness.

Personally, Wathen is as at home in the back woods of Maine as he is at the helm of the Maine Supreme Judicial Court. Those who know him describe him as a “man’s man” who enjoys rough-and-tumble activities such as white-water rafting, hiking rugged trails and fishing in remote locations. His jokes have been known to put his friends “in stitches” around the campfire. He enjoys cross-country trips in Maine on his Harley-Davidson motorcycle, frequently with King.

Reaction to Wathen’s announcement Wednesday reflected a mixture of excitement and stunned disbelief. Election watchers predicted his entry into an increasingly crowded gubernatorial race should add a new dynamic to the question of how Maine will proceed after King’s independent eight-year administration concludes in January 2003.

Thus far, Democratic 2nd District Congressman John Baldacci of Bangor is unopposed in his bid to secure his party’s nomination. Republicans Peter Cianchette of South Portland and Jim Libby of Gorham are expected to face off in a June primary. Independents include David Flanagan of Manchester, a former Central Maine Power Co. boss and staffer to Gov. Joseph Brennan, and possibly former Lewiston state Sen. John Jenkins, who has expressed interest in the race but has yet to announce. Jonathan Carter of Lexington Township said Wednesday he has all but decided to announce his bid for governor as a Green Independent candidate.

MaryEllen FitzGerald of the Portland-based polling firm Critical Insights-Strategic Market Research said that as an independent, Wathen would resonate with many Maine voters who perceive themselves as being outside party politics.

“He comes to the political front without any political baggage,” she said. “Whereas David Flanagan is really known as a businessman with a background in utilities at a time when utilities are probably not in the most favor. So [Wathen] comes with tremendous advantages. As if the race were not interesting enough before, he will make it even more so.”

But veteran Maine pollster and Bowdoin political science professor Christian Potholm predicted Wathen’s emergence in the Blaine House race would do little to influence the overall contest between major party candidates.

“I think the race is going to come down with Baldacci versus Cianchette with Jonathan Carter trying to get in there in a three-way race,” he said. “I don’t think any of the other independents are in a position to win. And the more independents there are, the less likely it is that any single independent can capture it. The only time an independent wins is when Democrats and Republicans come up with candidates that don’t do very well.”

Baldacci, Flanagan, Cianchette and Carter all speculated Wednesday that Wathen’s decision would raise the level of public discourse concerning Maine’s future. Almost all of them, however, insisted it would not interfere with their victories.