ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 84-3

Question
     Is it proper for a judge to sit when the spouse of a judge of the same
judicial district appears in his or her attorney capacity in front of that
judge?

Answer
     It is the opinion of the Committee that the mere fact that a fellow
judge’s spouse appears in front of a judge does not require
disqualification of the judge.

Comment
     CJC Canon 2 requires that a judge should avoid impropriety and the
appearance of impropriety in all of the judge’s activities.  It
specifically requires that the judge should not allow social or other
relationships to influence the judge’s judicial conduct or judgment.  In
addition, CJC Canon 3C(1)(d) requires that a judge should disqualify
himself or herself where the judge’s impartiality might reasonably be
questioned.  CJC Canon 3 speaks specifically to the problem of a judge’s
spouse appearing in front of the judge in any capacity, and requires
disqualification in such circumstances.  It does not specifically address
proceedings before other judges of the same judicial district where a
fellow judicial district where a fellow judge’s spouse appears.  The
Committee’s opinion is that under some circumstances the relationship
between fellow judges on the bench might give rise to the circumstance “in
which the judge’s impartiality might reasonably be questioned.”  CJC Canon
3C(1).

     It is the Committee’s opinion that a proper course of action for a
judge faced with an appearance of counsel related by marriage to a fellow
judge in the same judicial district would be to notify all the parties tot
he proceeding of that relationship and to honor a request for recusal if
any party chooses to make such a request.  The Committee does not believe
that the size of the judiciary in a particular district or county and/or
the availability of alternate judges to sit should affect the ethical
requirements stated.