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Rule 2.13 13: Hiring and Administrative Appointments

Canon 2: A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently

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Rule Text

(A) In hiring court employees and 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) [Reserved]

Amendment history: Effective March 1, 1993

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When judges hire court staff or pick people for administrative jobs, they have to choose based on who is actually qualified, not personal favors or connections. This means a judge can't give a job to a family member, friend, or someone they favor just because of that relationship. The decision has to come down to merit, meaning the person's skills and fitness for the role.

Judges also need to avoid creating jobs that aren't really needed just to give someone a paycheck or a position. Every appointment should serve a real purpose for the court.

Finally, if a judge does appoint someone, the pay that person receives has to match the actual work they do. A judge can't approve extra compensation that goes beyond what the services are truly worth. This keeps court hiring fair and prevents judges from using their power to reward people at the public's expense.

Committee Notes

Comment

[1] “Appointees of a judge” includes but is not limited to assigned counsel, officials such as referees, commissioners, special masters, receivers, special advocates, and guardians, and personnel such as clerks, secretaries, and bailiffs.

[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.

[3] A judge should consult the staff of the Indiana Commission on Judicial Qualifications or its advisory opinions to determine whether hiring or appointing a relative as defined by Comment [2] may be justifiable under the circumstances.

[4] Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by paragraphs (A) and (C).

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Cross-References

Referenced By (1)

Ind. Code Jud. Cond. Terminology

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Last updated: August 2026

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