State of Washington

Ethics Advisory Committee

Opinion 88-19

Question

If a deputy prosecutor is elected as a district court judge may the judge hear cases on tickets or criminal actions filed while the judge was employed in the prosecutor's office?

Answer

CJC Canon 3(C)(1) states that judges should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned. CJC 3(C)(1)(b) would not prohibit the district court judge from hearing cases on tickets or criminal citations filed while the judge was employed in the prosecutor's office unless the judge while a deputy prosecuting attorney screened such tickets before filing, gave advice as to, or was otherwise involved with a particular ticket or criminal case, enterprise or investigation.

NOTE: Effective June 23, 1995, the Supreme Court amended the Code of Judicial Conduct. In addition to reviewing the ethics advisory opinions, the following should be noted:

CJC Canon 3(C) is now 3(D). CJC 2.11

The Supreme Court adopted a new Code of Judicial Conduct effective January 1, 2011. In addition to reviewing the ethics advisory opinions, the following should be noted:

CJC 2.11

Opinion 88-19

12/12/1988

 

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