State of Washington

Ethics Advisory Committee

Opinion 92-19

Question

May a judicial officer sit on a case in which the judicial officer made a probable cause determination, after reviewing a citizen complaint, that the offense alleged was committed by the defendant or when the judicial officer has ruled on other preliminary questions of fact?

Answer

CJC Canon 3(C)(1)(a) provides that a judicial officer is disqualified from hearing a case where the judicial officer has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceedings. The fact that a judicial officer makes a probable cause determination does not present a situation in which the judicial officer's impartiality might reasonably be questioned nor does it confer upon the judicial officer personal knowledge of disputed evidentiary facts concerning the proceedings.

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 92-19—CJC Canon 3(C)(1)(a) became 3(D)(1)(a).

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 2.11(A)(1)

Opinion 92-19

11/09/1992

 

Privacy and Disclaimer Notices Sitemap

© Copyright 2024. Washington State Administrative Office of the Courts.

S3