STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION NO. 93-18

Question
     May a full-time district court commissioner serve as a volunteer in
the county's juvenile court conference committee diversion program?

Answer
     Service as a volunteer in the county's juvenile court conference
committee diversion program does not appear to be a per se violation of the
Code of Judicial Conduct.  Nevertheless, there are potential problems if a
judicial officer serves on such a committee.  The consequences of this
participation should be considered in light of the following provisions of
the Code of Judicial Conduct.
     CJC Canon 5 imposes certain restrictions on extrajudicial activities
in order to minimize the risk of conflict with judicial duties.
Specifically, Canon 5(E) provides that judicial officers should not act as
arbitrators or mediators.  Canon 5(G) provides that judicial officers may
not accept appointment to positions that are concerned with issues of fact
or policy on matters other than the improvement of the law, the legal
system or the administration of justice.
     The presence of a judicial officer on a citizen panel would tend to
interfere with the purpose of the committee; that is, to permit the citizen
panel and the juvenile to work toward resolution of the juvenile's problem
outside of the judicial system.  The judicial officer's presence on the
committee may cause confusion as to the role the judicial officer plays on
the citizen panel since the other panel members may have difficulty
distinguishing between the panel member's position as a judicial officer on
the one hand and a panel member on the other.