ETHICS ADVISORY COMMITTEE STATE OF WASHINGTON OPINION NO. 85-4 QUESTION May a superior court judge ethically provide factual and/or opinion testimony in a legal malpractice action tried in the proposed witness- judge’s own department by a visiting judge? ANSWER It is proper under CJC Canon 2(B) for a superior court judge to provide factual testimony in a legal malpractice action tried in the proposed witness-judge’s own department by a visiting judge if the judge is subpoenaed to testify. However, it is not proper under CJC Canon 2(B) for the judge to provide opinion testimony in such an action.