State of Washington

Ethics Advisory Committee

Opinion 95-02

Questions

  1. Is it proper for a judge who was a former city councilperson who is also a former mayor of the city to hear city traffic and misdemeanor cases filed in the district court to which he or she has just been elected?

  2. If such activity is not proper, how much time should pass before this person can hear such cases, if ever?

  3. Would the answer to Question 1 be different if the elected person's spouse is regularly employed by the court's probation department as a probation counselor, and regularly prepares presentence reports and other reports for the court?

Answer

CJC Canon 3(C) requires a judicial officer to be disqualified from hearing cases in which his or her impartiality might reasonably be questioned.

The judicial officer should examine past involvement and public positions on specific statutes or ordinances that would lead a reasonable person to conclude that the officer was not impartial in particular cases. In those instances disclosure of the involvement or activity is the remedy.

The judicial officer should not preside over proceedings in which the judicial officer's spouse has prepared presentence reports or other reports for the court because acting in those cases would call the judicial officer's impartiality into question.

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 95-2—CJC Canon 3(C) became 3(D).

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 2.4(B)
CJC 2.11

Opinion 95-02

01/06/1995

 

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