State of Washington
Ethics Advisory CommitteeOpinion 91-01
Where a newly appointed judicial officer was previously employed by the prosecuting attorney's office, is the judicial officer required to disclose this prior association in each criminal case, and if so, for how long must these disclosures be made?
Is a criminal defendant entitled to recusal of the judicial officer without an filing an affidavit of prejudice?
Where a judicial officer is married to the sister of a deputy prosecuting attorney, must this fact be disclosed to criminal defendants being prosecuted by the deputy prosecuting attorney/brother-in-law, who appears before the judicial officer? If so, are the defendants entitled to recusal by the judicial officer without filing an affidavit of prejudice?
The fact the judicial officer was at one time employed by the prosecuting attorney's office does not need to be disclosed in every case, unless there are some other circumstances which would warrant disclosure or recusal such as information regarding the case gained while the judge was employed in the prosecutor's office.
If the judicial officer is disqualified under CJC Canon 3(C) no affidavit of prejudice is required as the judicial officer was disqualified for cause.
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