Ohio Jud. Cond. R. 2.13

As amended through October 29, 2024

Rule 2.13 - Administrative Appointments

(A) In making administrative appointments, a judge shall do both of the following:

(1) Exercise the power of appointment impartially and on the basis of merit;

(2) Avoid nepotism, favoritism, and unnecessary appointments.

(B) [RESERVED]

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

Ohio. Jud. Cond. R. 2.13

Comment

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

[3] [RESERVED]

Comparison to Ohio Code of Judicial Conduct

Rule 2.13(A) and (C) are substantially similar to Ohio Canon 3(C)(4).

Comparison to ABA Model Code of Judicial Conduct

Model Rule 2.13(B) and the corresponding Comment [3] are not adopted. Rule 4.4 contains limitations on campaign contributions applicable to lawyers and requires that court appointees be specifically identified on campaign finance reports. Rule 8 of the Rules of Superintendence contains additional procedures applicable to court appointments. These provisions are substitutes for the disqualification provisions of the Model Rule.

Comment [1] is modified to substitute "magistrate" for "referee."