ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 88-4



QUESTION

     May a part-time municipal court judge represent a driver involved in
an automobile accident when the part-time judge presided over the
mitigation hearing for the driver cited in the accident?


ANSWER

     The answer to this question is premised on the following
representations provided to the committee:  1) The cited driver requested a
mitigation hearing;  2) at the hearing the judge reduced the penalty from
$95 to $50, which has been paid in its entirety;  and 3) the judge presides
over approximately sixty citation on the infraction calendar day.

     Based on these representations it is proper under the Code of Judicial
Conduct for the par-time judge to act as a lawyer for a driver involved in
an automobile accident even though the part-time judge presided over the
mitigation hearing.  As there is no adjudication of fault at a mitigation
hearing it is not a proceeding related to the subsequent civil action.

     However, the part-time judge, while acting as a lawyer, should closely
monitor such cases and be sensitive to representing a party when the
adverse party has appeared before the part-time judge for a mitigation
hearing.

COMMENT

     See also RPC 1.12(a).