ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 88-7



Question

     Is it proper for a lawyer to practice before a superior court judge,
when the lawyer has formed a campaign committee for the judge’s candidacy
for the court of appeals?

     May any member of the lawyer’s firm practice before the judge?

     May other lawyers who lend public support for the judge’s candidacy
practice before the judge?


Answer

     A lawyer, who has formed a campaign committee for the judge’s
candidacy for the court of appeals, may practice before a superior court
judge only if there is a full disclosure of the campaign relationship and
the lawyers and parties, independently of the jduge’s participation, all
agree in writing that the campaign relationship is immaterial.  (CJC Canon
3(C) and (D)).  However, in any uncontested matter in which a contest
develops, the burden is on the judge to disqualify if any problem develops
after the disclosure and agreement to the judge’s participation.

     Other members of the lawyer’s firm may practice before the judge.  If
the members of the lawyer’s firm are similarly active and visible in the
judge’s election campaign, then there must be full disclosure of the
campaign relationship and agreement to the judge’s participation as
described above.

     The question as to whether other lawyers, who lend public support for
the judge’s candidacy, can practice before the judge will turn on the
nature of that support.  If other lawyers are merely contributing funds to
the campaign as outlined in CJC Canon 7(B)(2), then there would be no need
for any disclosure.  However, if the support is made known to the judge and
the jduge’s impartiality might reasonably be questioned by any opposing
party or lawyer on the basis of such support, then there must be full
disclosure of the support and agreement to the jduge’s particiation as
described above.