Judicial Conduct · 2-8% of the exam
23.2.3Supervisory and administrative duties (CJC Rules 2.12–2.14)
On this page
- CJC Rules 2.12, 2.13, 2.14
Plain English
A judge must require court staff, court officials, and others subject to the judge's direction and control to act consistently with the judge's own obligations under the Code, and a supervising judge must take reasonable measures to see that supervised judges discharge their responsibilities. Appointments must be impartial and merit-based, free of nepotism and favoritism.
Rule
CJC Rules 2.12, 2.13, 2.14
CJC Rule 2.12(A): a judge shall require court staff, court officials, and others subject to the judge's direction and control to act in a manner consistent with the judge's own obligations under this Code — Comment [1] adds that a judge may not direct court personnel to do on the judge's behalf what would violate the Code if the judge did it personally. (B) a judge with supervisory authority for the performance of other judges must take reasonable measures to ensure those judges properly discharge their judicial responsibilities, including prompt disposition of matters before them.
CJC Rule 2.13:
- appointments must be impartial and merit-based;
- avoid nepotism, favoritism, and unnecessary appointments;
- must not approve compensation beyond fair value of services rendered.
- Nepotism is the appointment or hiring of a relative within the third degree of relationship of either the judge or the judge's spouse or domestic partner, or that relative's spouse or domestic partner (cmt [2]) — cousins excluded.
- Campaign-contribution bar: appointment is off-limits when the judge knows that the lawyer — or that lawyer's spouse or domestic partner — has, within the designated window, contributed above the jurisdictional amount to the judge's election campaign, or learns of such a contribution by a timely motion by a party or other person properly interested in the matter. The lawyer's firm is not in this rule.
- Three carve-outs release the bar:
- (1) the post carries little or no pay;
- (2) the pick comes off a qualified-rotation list drawn up independent of contributions; or
- (3) the judge, or another presiding or administrative judge, affirmatively finds that no other lawyer is willing, competent, and able to accept the position.
CJC Rule 2.14: if a judge has a reasonable belief that another judge or a lawyer is impaired — by alcohol, drugs, or a mental, emotional, or physical condition — the judge must respond appropriately; a discreet referral to an assistance program is one option.
Tip
Questions · 1
Q 01ch23-e07
Question 1 of 1 · Rule CJC 2.13
Judge sits in a court that keeps a standing list of lawyers qualified to serve as guardians for minors. The court administrator compiles the list without reference to political activity, and appointments are made from it in strict rotation. A contested custody matter required such an appointment, and the next name in the rotation was Attorney. Judge knows that Attorney gave more than the jurisdictional amount to Judge's election campaign eight months earlier, inside the period the jurisdiction designates. The post pays an hourly fee out of court funds, and other qualified lawyers were available. Judge appointed Attorney. Was it proper for Judge to make the appointment?
Keys 1 to 4 choose.