State of Washington

Ethics Advisory Committee

Question

Should a superior court judge be disqualified from hearing cases presented by a prosecuting attorney who has contracted with the judge's attorney spouse for legal services to be performed by the judge's spouse in district court?

Answer

The comment to CJC Canon 3(C)(1)(d)(ii) states that the fact that a lawyer in a proceeding is affiliated with a law firm with which a lawyer relative of the judge is affiliated does not of itself disqualify the judge. Therefore, it would not be necessary for a judge to disqualify from hearing cases presented by the prosecuting attorney who has contracted with the judge's attorney spouse unless there are other circumstances which might cause the judge's impartiality to be reasonably questioned.

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: Opinion 89-2—CJC Canon 3(C)(1)(d)(ii) became 3(D)(1)(d)(iii). 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(A) AND (C) CJC 2.11Comment [4] Opinion 89-02 2/1/1989

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