State of Washington

Ethics Advisory Committee

Question

Is it appropriate under the Code of Judicial Conduct for a deputy prosecuting attorney to serve as a pro tem judge in the district court, where their office appears on a daily basis, prosecuting cases? Is it appropriate under the Code of Judicial Conduct if the pro tem judge hears only small claims calendars?

Answer

1. The Code of Judicial Conduct does not prohibit a judge from appointing a deputy prosecuting attorney as a pro tem judge. The pro tem judge should disclose to the parties the attorney's employment if a reasonable person would conclude it is relevant to the issue of disqualification.

2. The deputy prosecuting attorney should not be appointed to hear any cases in which an attorney from that prosecutor's office is or may be involved.

3. As was pointed out in Opinion 91-23 answer #3, even though a pro tem judge is not prohibited from practicing in the court in which the person has or is serving as a pro tem judge, the court and the pro tem judge must avoid conduct which would lead a reasonable person to conclude that the pro tem judge is receiving preferential treatment from the court and/or court staff.

4. Other than the disclosure required in paragraph 1, there are no limitations on a deputy prosecuting attorney/pro tem judge hearing small claims calendars.

Opinion 92-03

03/30/1992