State of Washington

Ethics Advisory Committee

Question

1. May a judicial officer refuse to cross the picket line made up of striking county employees and stay away from the courthouse?

2. May the judicial officer arrange to hold court in a location away from the courthouse?

3. May a judicial officer cancel criminal proceedings such as prisoner first appearance dockets, arraignments and trial dockets?

4. May a judicial officer cancel civil proceedings such as anti-harassment cases, domestic cases and civil jury trials?

Answer

1. It would be a violation of CJC Canon 2 and Canon 3(A)(5) for a judicial officer to refuse to cross the picket line and stay away from courthouse. A judicial officer has a responsibility to see that the court's business is conducted promptly.

2. A judicial officer should not make arrangements to hold court in a location away from the courthouse to avoid crossing a picket line because judicial duties should be performed at the courthouse unless the law provides that those duties may be discharged in another location.

3. It would be a violation of Canon 3(A)(5) for a judicial officer to cancel criminal proceedings such as prisoner first appearance dockets, arraignments and trial dockets solely because of a labor dispute. A judicial officer has a duty to dispose promptly of the business of the court.

4. It would be a violation of Canon 3(A)(5) for a judicial officer to cancel civil proceedings such as anti-harassment cases, domestic cases and civil jury trials solely because of a labor dispute. A judicial officer has a duty to dispose promptly of the business of the court.

Opinion 92-18

11/09/1992