MA · rules
Mass. Code Jud. Conduct R. 2.13
Administrative appointments
Rule 2.13
(A)
In making administrative appointments, a judge shall:
(1) exercise the power of appointment impartiallyDefinitionAbsence of bias or prejudice in favor of, or against, particular parties or classes of parties or their representatives, as well as maintenance of an open mind in considering issues that may come before a judge. See Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.4, 3.6, 3.7, 3.12, 3.13, 3.14, and 4.1. and on the basis of merit; and
(2) avoid nepotism, favoritism, and unnecessary appointments.
(B)
A judge shall not approve compensation of appointees beyond the fair value of services rendered.
History
Comment [1] Appointees of a judge may include assigned counsel, guardians ad litem, special masters, receivers, and any court personnelDefinitionCourt employees subject to the judge's direction and control. See Rules 2.3, 2.5, 2.8, 2.9, 2.10, 2.11, 2.12, 2.13, and 3.5. subject to appointment by a judge. Consent by the parties to an appointment or an award of compensation does not relieve the judge of the obligation prescribed by this Rule. Compliance with court rules pertaining to fee-generating appointments satisfies the judge's obligations under Paragraph (A). See SJC Rule 1:07. [2] Unless otherwise defined by lawDefinitionIncludes court rules and standing orders issued by the Supreme Judicial Court, the Appeals Court, the Chief Justice of the Trial Court, or a Chief Justice of a Trial Court Department, as well as statutes, constitutional provisions, and decisional law. Chapter 268A §§ 3 and 23(b)(2) provide that conduct explicitly recognized by another statute or regulation may supersede certain provisions of Chapter 268A. The Rules of the Supreme Judicial Court are considered regulations for this purpose. In several instances, provisions of this Code supersede provisions of Chapter 268A. See Rule 1.1., nepotism is the appointment or hiring of any relative within the third degree of relationshipDefinitionIncludes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See Rule 2.11. of either the judge or the judge’s spouse or domestic partnerDefinitionA person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married. See Rules 2.11, 2.13, and 3.13., or the spouse or domestic partner of such relative. See also Trial Court Personnel Policies and Procedures Manual, § 4.304. Adopted October 8, 2015, effective January 1, 2016
Provenance
- Source
- www.mass.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-16
- Content hash
8b5430d1aadd80ee907e867bff6a9c8d73714f469953f997fef4f1fb796a23f5
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