State of Washington

Ethics Advisory Committee

Question

Is it proper under the Code of Judicial Conduct for a judicial officer to establish separate dockets for indigent defendants and those defendants represented by private attorneys?

Answer

The Committee received statements from judges and attorneys urging two positions on this question:

1) Separate dockets appear to discriminate against the indigent.

2) Separate dockets were established for sound administrative reasons, and the practice has substantially improved the administration of the court. No discrimination was intended. The practice does not appear to discriminate.

Absent a judicial ruling that a statute or constitutional provision has been violated, the statements submitted do not raise an ethical issue under the Code of Judicial Conduct.

The statements submitted indicate the existence of widely divergent views on an administrative matter among members of a multi-judge court.
CJC Canon 1 requires judges to participate in establishing, maintaining and enforcing standards of conduct that preserve the integrity and independence of the judiciary. Failure of judges to cooperate in establishing effective administrative procedures, such as the method of docketing cases, may invite action by other branches of government and erode the independence of the judiciary.

Judges on a multi-judge court should work together with the presiding judge to resolve the administrative problems. Failure of individual judges to work together to resolve administrative problems may violate CJC Canons 1 and 3.

Opinion 91-15

06/10/1991