W. Va. Jud. Cond. 2.12

As amended through January 31, 2024

Rule 2.12 - Supervisory Duties

(A) A judge shall require court staff, court officials, and others subject to the judge's direction and control to act in a manner consistent with the judge's obligations under this Code.

(B) A judge with supervisory authority for the performance of other judges shall take reasonable measures to ensure that those judges properly discharge their judicial responsibilities, including the prompt disposition of matters before them.

(C) A judge shall not direct any court personnel to engage in any activity or perform any work not reasonably related to the official position or functions of the personnel.

W. Va. Jud. Cond. 2.12

COMMENT

[1] A judge is responsible for his or her own conduct and for the conduct of others, such as staff, when those persons are acting at the judge's direction or control. A judge may not direct court personnel to engage in conduct on the judge's behalf or as the judge's representative when such conduct would violate the Code if undertaken by the judge.

[2] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judge with supervisory authority must take the steps needed to ensure that judges under his or her supervision administer their workloads promptly.

Clerk's Notes on Rule 2.12

Rule 2.12 and its comment are derived from the 2007 Model Rules, with the exception of paragraph (C), which is not contained in the Model Rules. This language is unique to West Virginia and is a carry-over from Canon 3C(5), which was presumably added as a result of the case of In Re Neely, 178 W.Va. 722, 364 S.E.2d 250(1987)(Judge's use of secretary to babysit child violated the "appearance of impropriety" standard of former Canon 2A).