STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION 89-12

Question
     Is there an appearance of fairness and/or a conflict of interest for a
superior court judge who hears a case in which the defendant's newly
associated counsel is also counsel on a case on appeal in which associated
counsel represents a party whose interest is adverse to an interested party
but not the named party on appeal when the judge's spouse is the
chairperson of the board of the interested party?

Answer
     The fact that the superior court judge hears a case in which the
defendant's newly associated counsel is also counsel on a case on appeal in
which associated counsel also represents a party whose interest is adverse
to an interested party but not the named party on appeal when the judge's
spouse is the chairperson of the board of the interested party does not
create a conflict of interest and/or appearance of fairness situation.  If
the judge believes the judge's impartiality might reasonably be questioned
the judge should disclose on the record the judge's spouse's position.