State of Washington

Ethics Advisory Committee

Question

May a part-time District Court judge accept temporary employment as a Special Assistant Attorney General to represent the State of Washington in paternity cases?

May a part-time District Court judge represent indigent defendants in Superior Court when compensation for said representation is paid by the county in which the District Court is located?

May a part-time District Court judge represent indigent criminal defendants on appeal where compensation for said representation is paid by the State of Washington?

May a part-time District Court judge represent a child in a paternity action where the compensation for said representation is paid by the State of Washington but the attorney does not represent said State of Washington?

May a part-time District Court judge contract with the county in which he sits to do any legal work (including paternity litigation) when compensation for such legal work is paid by said county?

May a part-time District Court judge contract with a non-profit corporation (such as Washington Association of Prosecuting Attorneys) to represent children in paternity litigation?

May a part-time District Court judge contract with a private attorney (who does not appear before said District Court judge) to represent children in paternity cases when said attorney has a contract with the State of Washington to do said paternities?

May a part-time District Court judge contract on a case by case basis with the Guardian ad-Litem for children in paternity cases (Juvenile Court Administrator) to represent the Guardian ad-Litem when said Guardian ad-Litem's budget comes primarily from the State of Washington?

If any of the above scenarios would result in a conflict or an appearance of a conflict may the conflict be waived by parties appearing before said District Court judge after being informed of the relationship?

Answer

A part-time District Court judge may not represent indigent defendants in the county in which the judge sits as such would violate CJC Canon 2 and create a conflict of interest. The judge may accept Superior Court paternity cases so long as the source of funds used to pay for the services is not directly or indirectly from the county.

Opinion 90-02

01/08/1990