ETHICS ADVISORY COMMITTEE
STATE OF WASHINGTON
OPINION NO. 88-8



Question
     Is it proper for a superior court judge to hear dependency or other
related matters initiated by the Department of Children and Family Services
(DCFS) or in which DCFS caseworkers appear as witnesses where the spouse of
the judge is employed as an adoption caseworker in the same office?

Answer
     The Code of Judicial Conduct would allow a superior court judge to
hear dependency or other related matters initiated by the Department of
Children and Family Services (DCFS) or in which DCFS caseworkers appear as
witnesses where the spouse of the judge is employed as an adoption
caseworker in the same office.
     CJC Canon 2 requires judges to avoid impropriety and the appearance of
impropriety and also requires that judges not allow social or other
relationships to influence their judicial conduct or judgement.  CJC Canon
3 requires judges to disqualify themselves in a proceeding in which their
impartiality might reasonably be questioned.  The committee’s opinion is
that under some circumstances the marital relationship between the judge
and the adoption caseworker might give rise to a circumstance wherein the
judge’s impartiality might reasonably be questioned.
     In accordance with CJC Canon 2 the judge should make known any
circumstances arising from the marital relationship that might cause the
judge’s impartiality to reasonably be questioned, or if appropriate, the
judge should offer to withdraw from the particular case.