State of Washington

Ethics Advisory Committee

Opinion 89-16

Question

May a judge hear a matter involving a former client if the judge has no knowledge about the former client which would render the judge partial to one side or the other, where the judge makes a disclosure on the record of the former relationship and neither party objects?

Answer

The Code of Judicial Conduct Canon 3(C)(1) allows a judge to hear matters involving former clients provided the judge's impartiality could not be reasonably questioned. The judge, however, should disclose the former relationship on the record to lawyers and parties involved in a matter regarding the judge's former client and, subject to Canon 3(D), the judge should withdraw if his or her impartiality might reasonably be 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 89-16—CJC Canon 3(C)(1) became 3(D)(1). CJC Canon 3(D) became 3(E).

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 89-16

09/22/1989

 

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