W. Va. Jud. Cond. 2.13

As amended through January 31, 2024

Rule 2.13 - Administrative Appointments

(A) In making administrative appointments, a judge:

(1) shall exercise the power of appointment impartially* and on the basis of merit; and

(2) shall avoid nepotism,* favoritism, and unnecessary appointments.

(B) A judge shall not approve compensation of appointees beyond the fair value of services rendered.

W. Va. Jud. Cond. 2.13

COMMENT

[1] Appointees of a judge include assigned counsel, officials such as referees, commissioners, special masters, receivers, and guardians, and personnel such as clerks, secretaries, bailiffs, court reporters, and probation officers. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by paragraph (A).

[2] Unless otherwise defined by law, nepotism is the appointment or hiring of any relative within the third degree of relationship of either the judge or the judge's spouse or domestic partner, or the spouse or domestic partner of such relative.

Clerk's Notes on Rule 2.13

Rule 2.13 and its comment are derived from the 2007 Model Rules, with modifications. Paragraph (B) of the 2007 Model Rules, and its accompanying Comment [3], have been omitted. These provisions relate to the appointment of lawyers who contributed to the judge's campaign. This provision is not necessary because any issue of contribution-influenced appointments can be addressed under the Rule requiring appointments to be made impartially and on the basis of merit. Moreover, these provisions are counterparts to Model Rule 7.6 of the Rules of Professional Conduct, which was not adopted in West Virginia. Court reporters and probation officers were added to the list of appointees in Comment [1].