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W. Va. Code Jud. Conduct 2.13

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Rule 2.13 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 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.

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 pick people for court jobs, like clerks, guardians, or other appointed positions, they need to choose based on who is actually qualified. They can't pick someone just because that person is a friend, family member, or political ally. The goal is to make sure these jobs go to capable people, not to those with personal connections to the judge.

Judges also need to avoid creating jobs that aren't really needed. If a position doesn't serve a real purpose, a judge shouldn't create it just to give someone work or favors.

Finally, when a judge approves pay for someone they've appointed, that pay has to match the actual value of the work being done. Judges can't approve extra or inflated payments as a way to reward or benefit an appointee beyond what their services are actually worth.

Committee Notes

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].

← Previous Rule 2.12: Supervisory Duties Next → Rule 2.14: Disability and Impairment

Cross-References

Referenced By (1)

W. Va. Code Jud. Conduct Terminology

Bluebook Citation

W. Va. Code Jud. Conduct 2.13

This Rule Set

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Last updated: September 2026

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