STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION NO. 95-10


Question
     Must a judicial officer be disqualified from hearing cases when the
defendant is represented by the same public defense agency which employs
the spouse of the judicial officer?
     If disqualification is not required, should the judicial officer
disclose the relationship whenever any defendant is represented by the same
public defense agency which employs the spouse of the judicial officer?

Answer
     CJC Canon 3(C) provides that judicial officers should disqualify
themselves in proceedings in which their impartiality might reasonably be
questioned.

     The judicial officer may hear cases in which the defendant is
represented by a public defense agency where the judicial officer’s spouse
is employed because the spouse’s employment alone does not call the
judicial officer’s impartiality into question.  The judicial officer does
not need to disclose the spouse’s employment relationship whenever any
defendant is represented by the spouse’s employer unless independent
circumstances justify the disclosure.  If, for example, the spouse directly
supervises the appearing attorney disclosure may be necessary.

Comment See also Opinion 91-18.