STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION NO. 95-4



Issue
     May a judicial officer serve on the Community Public Health and Safety
Network established pursuant to RCW chap. 70.190?

Answer
     CJC Canon 4(B) provides that judicial officers “may appear at a public
hearing before a legislative body or official on matters concerning the
law, the legal system and the administration of justice, and they may
otherwise consult with an executive or legislative body or official, but
only on matters concerning the administration of justice”.

     CJC Canon 5(G) prohibits a judicial officer from accepting appointment
to a governmental position that is concerned with issues of fact or policy
on matters other than the improvement of the law, the legal system or the
administration of justice.  Because membership on the Community Public
Health and Safety Network falls under this restriction a judicial officer
may not serve as a member.

     Although the legislation makes specific reference to judicial officers
serving on the network, the Code of Judicial Conduct is the primary
authority for setting forth the conduct by which members of the judiciary
are bound.  The legislature cannot preempt the Code of Judicial Conduct via
legislation.

     CJC Canon 4(B) permits a judicial officer to appear at a public
hearing before the network on matters concerning the law, the legal system
and the administration of justice or to otherwise provide information to
the network on matters concerning the administration of justice.