Mich. Admin. Ord. Administrative Order No. 1996-11
In order to ensure that the Michigan judiciary is able to attract and retain the highest quality work force, and make most effective use of its personnel, it is ordered that the following anti-nepotism policy is effective December 1, 1996, for all courts of this state.
1. Purpose
This anti-nepotism policy is adopted to avoid conflicts of interest, the possibility or appearance of favoritism, morale problems, and the potential for emotional interference with job performance.
2. Application
This policy applies to all full-time and part-time non-union employees, temporary employees, contractual employment, including independent contractors, student interns, and personal service contracts. This policy also applies to all applicants for employment regardless of whether the position applied for is union or non-union.
3. Definitions
a) As used in this policy, the term "Relative" is defined to include spouse, child, parent, brother, sister, grandparent, grandchild, first cousin, uncle, aunt, niece, nephew, brother-in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, and father-in-law, whether natural, adopted, step or foster.
b) As used in this policy, "State Court System" is defined to include all courts and agencies enumerated in Const 1963, art 6, ? 1 and the Revised Judicature Act of 1961, MCL 600.101 et seq.; MSA 27A.101 et seq.
c) As used in this policy, the term "Court Administrator" is defined to include the highest level administrator, clerk or director of the court or agency who functions under the general direction of the chief justice or chief judge, such as, state court administrator, agency director, circuit court administrator, friend of the court, probate court administrator, juvenile court administrator, probate register and district court administrator/clerk.
4. Prohibitions
a) Relatives of justices, judges or court administrators shall not be employed within the same court or judicial entity. This prohibition does not bar the assignment of judges and retired judges by the Supreme Court to serve in any other court in this state for a limited period or specific assignment, provided those assigned shall not participate in any employment related matters or decisions in the court to which they are assigned.
b) Relatives of employees not employed as justices, judges or court administrators shall not be employed, whether by hire, appointment, transfer or promotion, in any court within the state court system (i) where one person has any degree of supervisory authority over the other, whether direct or indirect; (ii) where the employment would create favoritism or a conflict of interest or the appearance of favoritism or a conflict of interest; or (iii) for reasons of confidentiality.
c) Should two employees become relatives by reason of marriage or other legal relationship after employment, if possible, one employee shall be required to transfer to another court within the state court system if the transfer would eliminate the violation. If a transfer is not possible or if the violation cannot be eliminated, one employee shall be required to resign. The decision as to which employee shall transfer or resign may be made by the employees. If the employees fail to decide between themselves within thirty days of becoming relatives, the employee with the least seniority shall be required to transfer or resign. However, if one of the two employees holds an elective office, is a judge or is covered by a union contract, the other employee shall be required to transfer or resign.
5. Required Submissions
If any person, whether employed by hire, appointment, or election, contemplates the creation of a contractual relationship that may implicate this policy, whether directly or [Revised 3/99]indirectly, the proposed contract shall be submitted to the State Court Administrative Office for review to ensure compliance with this policy.
6. Required Disclosure
All current employees, including persons who are elected or appointed, shall disclose in writing to the State Court Administrative Office the existence of any familial relationship as described in this policy within thirty (30) days of the issuance of this policy or creation of the relationship, whichever is sooner.
7. Affected Employees
This policy shall not apply to any person who is an employee of the state court system on December 1, 1996, except that from December 1, 1996, forward, no person shall be transferred or promoted or enter into a nepotic relationship in violation of this policy.
Mich. Admin. Ord. Administrative Order No. 1996-11