ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 86-1

QUESTION

     Is it proper for a part-time commissioner to try domestic relations
cases when the part-time commissioner/attorney is representing a private
litigant before the judge who appointed the commissioner?

ANSWER

     Our answer to this question is premised on the following
representations made to the Committee:  1) The attorney is appointed as a
part-time superior court commissioner and regularly presides over juvenile
and domestic relations matters, including contested dissolutions with
attorneys representing both parties; and  2) the commissioner/attorney
maintains an active general law practice which includes domestic relations
cases.

     It is the opinion of the Committee that a part-time court commissioner
may represent a private litigant in a domestic relations matter before the
judge who appoints the part-time commissioner in uncontested matters only.
The question as to whether the part-time commissioner may properly handle
the uncontested case may depend upon the circumstances which may or may not
cause the commissioner’s activities to appear improper or be such that the
judge’s impartiality might reasonably be questioned.   {Canon 1}  {Canon
2(B).}

     The issues as to whether any judges of the appointing court may
properly hear contested cases in which the lawyer (part-time commissioner)
represents a private litigant in other areas of litigation depends on the
circumstances found in each situation.  CJC Canon 2 requires that a
judge avoid impropriety and the appearance of impropriety in all the
judge’s activities.  It specifically requires that a judge not allow social
or other relationships to influence the judge’s conduct or judgment.