Vt. Admin. Ord. Of. Sup. Ct. 2.13

As amended through October 8, 2024

Rule 2.13 - Administrative Appointments

(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 continuing part-time judge subject to election shall not appoint a lawyer to a position if the judge either knows that the lawyer, or the lawyer's spouse or domestic partner, has contributed more than $250.00 within the prior five years to the judge's election campaign, or learns of such a contribution by means of a timely motion by a party or other person properly interested in the matter, unless:

(1) the position is substantially uncompensated;

(2) the lawyer has been selected in rotation from a list of qualified and available lawyers compiled without regard to their having made political contributions; or

(3) the judge or another presiding or administrative judge affirmatively finds that no other lawyer is willing, competent, and able to accept the position.

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

Vt. Admin. Ord. Of. Sup. Ct. 2.13

Amended August 6, 2019, eff. 10/7/2019.

Comment

[1] Appointees of a judge include assigned counsel and officials such as referees, commissioners, special masters, receivers, and guardians. 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 fourth 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] The rule against making administrative appointments of lawyers who have contributed in excess of a specified dollar amount to a judge's election campaign includes an exception for positions that are substantially uncompensated, such as those for which the lawyer's compensation is limited to reimbursement for out-of-pocket expenses.

Reporter's Notes

Rule 2.13(A) and (C) carry forward Vermont Code 1994, Canon 3C(4). Rule 2.13(B) is derived from ABA Code 1990, Canon 3C(5), which is not in Vermont Code 1994. However, Canon 5C(3), and its successor, Rule 4.3(3), imposed the $150 (now $250) limit on campaign contributions for elected probate and assistant judges, with the implicit requirement of disqualification for knowledge of such a contribution.

Comment [1], derived from the Commentary to ABA Code 1990, Canon 3C, has been modified to eliminate court staff who are not judicial appointees. New Comment [2] is intended to clarify the meaning of "nepotism" in Rule 2.13(A)(2), with "fourth" substituted for "third" to describe the degree of relationship involved. See Reporter's Notes to Rule 2.11(A)(2) and Terminology Section. New Comment [3] is intended to clarify the meaning of "substantially uncompensated" in Rule 213(B)(1). See ABA Reporter's Explanation 107-08.