STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION NO. 89-5


Question
     May a court commissioner, whether or not the commissioner serves as a
volunteer, consider orders presented by the attorney spouse of the judge
who appointed the court commissioner to that position?


Answer
     It is proper under the Code of Judicial Conduct for the court
commissioner to consider only ex parte and agreed orders in which a contest
is not likely to develop when such orders are presented by the attorney
spouse of the judge who appointed the commissioner to that position.
However, the commissioner should be sensitive to circumstances where his or
her impartiality might be questioned and in those cases, the commissioner
should decline to sign the order.  The fact a commissioner serves as a
volunteer has no bearing on the answer to the question.












Opinion 89-5
3/27/89                                           Page 1 of 1