State of Washington

Ethics Advisory Committee

Opinion 91-04

Question

What are the obligations of a judicial officer when an individual who is an attorney from another state is convicted of a crime in the judge's court? Is there a duty to disclose the conviction to the other state's bar association?

Answer

CJC Canon 3(B)(3) states that a judicial officer should take or initiate appropriate disciplinary measures against a lawyer for unprofessional conduct of which the judicial officer may become aware. CJC Canon 3(B)(3) does not require a judicial officer to report the conviction of an attorney in the judge's court, whether the attorney is licensed in this or another jurisdiction, but it does encourage the judicial officer to report the conviction to the appropriate disciplinary body which may include the bar association in another jurisdiction.

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 91-4—See new Canon 3(C)(2). “Actual knowledge” is defined in the Terminology Section of the Code.

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 2.15

Opinion 91-04

02/04/1991

 

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