State of Washington

Ethics Advisory Committee

Question

Is a judge required to sue the county legislative authority to obtain the funds to hire additional staff in order to do all the work required by the court if the judge has met with the county legislative authority and it refuses to fund an additional staff position?

May a judge of a district court do nothing in these circumstances despite the fact that to do so will result in significant administrative "failures"?

May a district court judge order the county legislative body to provide the necessary staff?

May a district court judge close part of the court (eg., small claims, civil filings)?

May a district court judge refuse to allow the filings of certain criminal complaints?

If a district court judge employs an attorney, must the district court judge pay for that representation from the judge's personal funds?

Answer

CJC Canon 3(B) requires judges to diligently discharge their administrative responsibility, maintain professional competence in judicial administration and to facilitate the performance of the administrative responsibilities of other judges and court officials. The Code does not specify how judges should meet their administrative responsibilities nor does the Code either prohibit or mandate a lawsuit to ensure adequate funding for the court.

Opinion 91-12

06/10/1991