State of Washington

Ethics Advisory Committee

Question

May a judicial officer, who has been subpoenaed, testify in the wrongful death case brought on behalf of the surviving spouse and child of the judicial officer's nephew? The judicial officer's testimony would concern the nephew's relationship with his spouse and child and other personal areas the judicial officer had an opportunity to observe.

Answer

A judicial officer who has been subpoenaed may testify in a wrongful death action about the relationship between the plaintiff and the decedent. The judicial officer is the uncle of the decedent. The judicial officer will be testifying about facts which the judicial officer has particular knowledge.

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 1.2 CJC 1.3 CJC 3.3

Opinion 93-12

4/9/1993