STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION NO. 89-4


Question
     Is a district court judge obligated to take any action regarding a
deputy prosecuting attorney and the deputy's spouse appearing as opposing
counsel (either as a legal intern or licensed attorney) in event that, (a)
the deputy prosecuting attorney and any other member of the spouse's firm
appearing as opposing counsel, and (b) the deputy prosecuting attorney's
spouse or other member of the firm appears as opposing counsel opposite any
other deputy prosecutor who serves in the district court?


Answer
     The Code of Judicial Conduct does not automatically require a judge to
make a disclosure on the record as to the marital relationship of the
deputy prosecuting attorney and the deputy's spouse.  However, it may be
prudent for the judge to make an inquiry on the record as to the nature of
the disclosure of that relationship for the benefit of the client in view
of RPC 1.8(i).  If the judge finds that adequate disclosure has not been
made, then the judge should require it to be done on the record.  This
would also be the case when other deputy prosecutors face the deputy
prosecuting attorney's spouse or other members of the spouse's firm as
opposing counsel.

Comment
     See RPC 1.8(i) and APR 9 (c)(1)


Opinion 89-4
3/27/89                                           Page 1 of 1