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 judge 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 any amount within the past four 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 competent for the position and is willing and able to accept the position. (C) A judge shall not approve compensation of appointees beyond the fair value of services rendered.Me. Code. Jud. Cond. 2.13
Adopted July 1, 2015, effective 9/1/2015.Advisory Notes - 2015
Rule 2.13 is drawn from 1993 Canon 3(C)(4), but with much more detail, particularly addressing (1) appointment of persons who have made contributions in Probate Judge elections, and (2) listing exceptions to the prohibitions on appointments. The appointments addressed in this Rule are those where the appointment is made and compensation, if any, is set or is subject to approval by the court for services to be performed in specific cases pending before the court. The Rule does not apply to appointments made and compensation approved or determined by the Maine Commission on Indigent Legal Services. The Rule also does not apply to the hiring of employees of the Judicial Branch. Such hiring is governed by separate statutes, court rules, administrative orders, and collective bargaining agreements.
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