State of Washington

Ethics Advisory Committee

Question

Must a judicial officer be disqualified from hearing cases when the defendant is represented by the same public defense agency which employs the spouse of the judicial officer?

If disqualification is not required, should the judicial officer disclose the relationship whenever any defendant is represented by the same public defense agency which employs the spouse of the judicial officer?

Answer

CJC Canon 3(C) provides that judicial officers should disqualify themselves in proceedings in which their impartiality might reasonably be questioned.

The judicial officer may hear cases in which the defendant is represented by a public defense agency where the judicial officer’s spouse is employed because the spouse’s employment alone does not call the judicial officer’s impartiality into question. The judicial officer does not need to disclose the spouse’s employment relationship whenever any defendant is represented by the spouse’s employer unless independent circumstances justify the disclosure.

See also Opinion 91-18.

Opinion 95-10

02/27/1995

Amended 09/20/2005