State of Washington

Ethics Advisory Committee

Question

May a district court judge serve uncompensated on the board of directors of a private non-profit corporation which operates a regional dispute resolution center (DRC) pursuant to RCW Chap 7.75?

Would it make a difference if the district court judge refers parties who come before the judicial officer to the same DRC?

Would it make a difference if the same DRC entered into a contract with the county in which the judge sits to provide dispute resolution services in the county in return for all or some of the money generated by a surcharge on civil district court and small claims filing fees authorized by RCW 7.75.035?

Answer

CJC Canon 4(C) provides in part that judicial officers may serve on the board of an organization which is devoted to the improvement of the administration of justice. Therefore, a judicial officer may serve on the board of directors of a regional dispute resolution center.

It does not make a difference if the judicial officer refers parties, who come before the judicial officer, to the same DRC as long as the judicial officer advises parties of all of the DRCs in the area which offer this service.

It would not make a difference if the same DRC entered into a contract with the county in which the judge sits to provide dispute resolution services to the county in return for all or some of the money generated by the surcharge on civil district court and small claims filing fee authorized by RCW 7.75.035 unless the judicial officer has some authority over how the allocation is spent or in some other way could influence the county and thereby create an appearance of a conflict of interest.

Opinion 95-11

03/10/1995