Local Rule LR 83.13: COURT APPOINTEES

LR 83.13 COURT APPOINTEES

(a) Scope. This rule applies to any person whom a judge appoints to assist the court in a matter. Appointees under this rule may include, for example, special masters, receivers, referees, trustees, commissioners, court-appointed experts, investigators, mediators, and arbitrators.

(b) Conflicts of Interest.

(1) If an appointee becomes aware of any circumstances that might constitute, or might reasonably appear to constitute, a conflict of interest, the appointee must immediately inform the appointing judge of all facts relevant to those circumstances. The appointing judge must then determine what, if any, action should be taken.

(2) A "conflict of interest" includes any set of circumstances that affects, or might reasonably appear to affect, an appointee's ability to act impartially in the matter for which he or she was appointed.

(c) Complaints.

(1) A complaint about an appointee's conduct must be made in writing to the appointing judge. The complaint must include a detailed description of the facts and circumstances giving rise to the complaint and must expressly identify the statute, rule, regulation, canon, or other authority on which the complaint is based.

(2) The judge must permit the appointee and the parties to respond to the complaint.

(3) The judge must review the complaint, determine whether the appointee committed misconduct, and decide what action, if any, to take. The judge may take appropriate action to protect the rights and interests of anyone who may have been affected by an appointee's misconduct.

(d) Court-Initiated Discipline. An appointing judge may, at any time, independently review an appointee's conduct and take appropriate action.

[Adopted effective January 3, 2000; amended May 14, 2013; amended November 18, 2013]