Administrative Appointments

Montana Code of Judicial Conduct

Rule: 2.14

Jurisdiction: MT

Bluebook Citation: Mont. Code Jud. Conduct 2.14

(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 judge shall not approve compensation of appointees beyond the fair value of services rendered. COMMENT 21 [1] Appointees of a judge include assigned counsel, officials such as referees, 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 paragraph (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.

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