Opinion 55
(This Opinion
discusses a prior version of the Canons of Judicial Conduct; the most
comparable current rule is 2 2.13 Administrative Appointments)
Issue:
May a Circuit Judge allow his daughter to be hired by an Associate Circuit Judge from the same circuit to serve a clerk for the Associate Circuit Judge?
Discussion:
Supreme Court Rule 2, Canon 3B(4) states that a judge “should exercise his power of appointment only on the basis of merit, avoiding nepotism and favoritism”. However, in the present case it is the Associate Circuit Judge who is making the appointment and not the Circuit Judge. As a result it is the opinion of the Commission that there is nothing improper with the Circuit Judge allowing his daughter to serve as clerk for an Associate Circuit Judge within his circuit.
(Dated: January 12, 1981)
COMMISSION ON RETIREMENT, REMOVAL AND DISCIPLINE
OPINION 55
Issue:
May a Circuit Judge allow his daughter to be hired by an Associate Circuit Judge from the same circuit to serve a clerk for the Associate Circuit Judge?
Discussion:
Supreme Court Rule 2, Canon 3B(4) states that a judge “should exercise his power of appointment only on the basis of merit, avoiding nepotism and favoritism”. However, in the present case it is the Associate Circuit Judge who is making the appointment and not the Circuit Judge. As a result it is the opinion of the Commission that there is nothing improper with the Circuit Judge allowing his daughter to serve as clerk for an Associate Circuit Judge within his circuit.
(Dated: January 12, 1981)