State of Washington

Ethics Advisory Committee

Question

May a judicial officer work during non-court hours as a softball umpire for a private umpire association? Individual umpires are considered independent contractors and are paid directly by the umpire association. The judicial officer would be compensated the same as other umpires within the association. The umpire association contracts with parks and recreation departments to provide umpire services for their league and tournament softball games.

Answer

A judicial officer may engage in certain extra-judicial activities subject to the law and relevant provisions of the Code of Judicial Conduct. CJC 3.1 provides that a judge may engage in extrajudicial activities, except as prohibited by law or the Code. CJC 3.1(A) prohibits a judge from participating in activities that will interfere with the proper performance of the judge's judicial duties. CJC 3.1(C) prohibits a judge from participating in activities that would undermine the judge's independence, integrity, or impartiality. CJC 2.1 requires that the duties of judicial office, as prescribed by law, shall take precedence over all of a judge's personal and extrajudicial activities. The duties of an umpire require enforcement of standards of play and ensuring that game rules are observed, among other officiating tasks. As long as the umpire activity does not interfere with the judge's duties or occur so often that it creates the appearance that the judge is permitting outside activities to take precedence over judicial duties, the judicial officer may umpire softball games during non-court hours.

A judicial officer may receive compensation from certain extra-judicial activities as long as it is reasonable, lawful, and disclosed when necessary. CJC 1.1 requires a judge to comply with the law including the Code of Judicial Conduct. WA Const. art. IV, §15 provides that judges of the Supreme Court and Superior Court are ineligible for public employment other than judicial office during the term for which they have been elected. Similarly, RCW 3.74.020 provides, in part, that full-time District Court judges are ineligible for public employment during the term for which they have been elected. Regardless of the court level, CJC 3.12 provides that a judge may accept reasonable compensation for extrajudicial activities permitted by this Code or other law unless such acceptance would appear to a reasonable person to undermine the judge's independence, integrity, or impartiality. CJC 3.12 Comment [2] states that compensation derived from extrajudicial activities may be subject to public reporting. CJC 3.15 requires a judge to make such financial disclosures as required by law. Payment for the task of umpiring a softball game by a private association is not in violation of the constitutional prohibition of public employment. Payment for the activity may be considered reasonable and commensurate to the task if all umpires are paid equally for each game called.

In the facts before the committee, the umpire association contracts and makes arrangements with the parks and recreation departments; individual umpires do not work for the parks and recreation departments nor have contact with them related to softball games. The judicial officer may participate in the umpire activity and be reasonably compensated as long as doing so does not interfere with judicial duties and the judicial officer makes the appropriate financial disclosure for the activity if applicable.

Also see Opinions 08-05, 00-12, and 91-21.

Opinion 16-01

02/26/2016