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Friday, September 19, 2014

Ind. Gov't. - Still more on: "Porter Co. prosecutor says he’s exempt from anti-nepotism laws " What of "domestic partners"?

Referring to the July 11, 2012 memo from State Court Administration to "Judicial Officers" re whether the new county nepotism law applies to judges and judicial employees, which the ILB posted yesterday, an attorney reader points to the Code of Judicial Code, Rule 2.13, cited in the memo, which reads [emphasis added]:

RULE 2.13: Hiring and Administrative Appointments

(A) In hiring court employees and 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.

and Comment 2:
[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.
Earlier in the Code, this defintion is provided:
Domestic partner” means a person with whom another person maintains a household and an intimate relationship, other than a person to whom he or she is legally married.
As the attorney reader points out, the Code mentions:
... domestic partnership relationships when the State doesn't, and when no there are no state domestic partnership benefits.
ILB: Looks like a good point.

Posted by Marcia Oddi on September 19, 2014 11:27 AM
Posted to Indiana Courts | Indiana Government