State of Washington

Ethics Advisory Committee

Question

May a full-time judicial officer serve as a member of the State Bar Association's Board of Bar Examiners if the judicial officer is paid a small stipend for this participation?

Answer

CJC Canon 4 in part permits judicial officers to participate in activities concerning the law, the legal system and the administration of justice. CJC Canon 6 in part permits judicial officers to receive compensation and reimbursement for expenses for quasi-judicial activities permitted by the code, if the source of the payment does not give the appearance of influencing the judicial officer in their judicial duties or otherwise give the appearance of impropriety. Accordingly, a judicial officer may serve as a member of the State Bar Association's Board of Bar Examiners and receive a small stipend for this participation.

Comment

Opinion 91-21 is distinguishable from this opinion because of the statutory and constitutional provisions which prohibit some judicial officers from accepting any type of public employment while they are judicial officers.

Opinion 93-28

11/22/1993