By Mal Leary,Capitol News Service

AUGUSTA – State wildlife Commissioner R. Dan Martin said Friday he would refrain from future actions similar to his call to a prosecutor about his brother’s drunken-driving arrest, actions that may create the appearance of impropriety.

“I have discussed this with my boss, the governor, and I have shared with him that I should not have made that phone call,” he said.

Last July, Martin’s brother Richard was arrested by a warden for drunken driving and exceeding the proper speed while on a personal watercraft on Long Lake in Aroostook County, where he lives. Dan Martin said he called Aroostook County Assistant District Attorney Catherine Francke because his brother was confused about a letter that included a potential plea bargain offer.

Richard Martin pleaded guilty to the drunken-driving charge, and the lesser charge was dropped, a common practice in plea agreements, according to Aroostook County District Attorney Neale Adams.

Earlier this week, a review by Gov. John Baldacci’s staff and legal counsel concluded Martin did create an appearance of impropriety.

When asked if he would do the same thing again, given the concerns raised by the governor and others, Martin said in an interview that he probably would, even though he acknowledged that the phone call could create an appearance of impropriety to some.

Dan Martin said Friday that upon “further reflection” he was wrong to say that.

“Like I said to you earlier, I was just trying to help my brother,” he said. “I know now I shouldn’t have made the call.”

Baldacci said Friday that he had discussed Dan Martin’s published comments with him. He said he strongly believes that all of his commissioners must follow the highest standards and avoid any appearance of impropriety, and that he conveyed that to Martin.

“He didn’t do anything illegal or inappropriate, as I have said before,” Baldacci said. “But what he did do created an appearance (of impropriety) and I told him that.”

University of Maine Law School Professor Cab Howard, a former assistant attorney general, and a professor at the Muskie School for Public Service at the University of Southern Maine, said the whole area of ethics in government is “murky” when it comes the appearance of improper conduct.

“I’m not sure we do a very good job in government of explaining where that line is,” he said.

Baldacci said perhaps some training or seminars would be helpful, but he expects his commissioners to know right from wrong.

“I think it should be instinctive,” he said, “I don’t think you should need to be told.”

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