State of Washington

Ethics Advisory Committee

Question

1. May a judicial officer participate in the formation of a local improvement district with the goal of having a vote scheduled to have streets paved?

   The judicial officer lives in a neighborhood which has dirt roads. Some residents want to push for formation of a local improvement district, with the goal of getting a vote scheduled to have the streets paved. This includes the road which runs in front of the judicial officer’s home.

2. May a judicial officer oppose the US Forest Service’s proposed plan to build facilities for off-road vehicle use in a forest area which adjoins or is near forest land which the judicial officer owns?

   The U.S. Forest Service is proposing to build facilities for off-road vehicle use in a forest area which is adjoining or near the forest land the judicial officer owns. The judicial officer believes that the proposed use would detrimentally affect a weekend home and property and the present recreational use of nearby land.

Answer

CJC Canon 2(B) provides that judges should not lend the prestige of the judicial office to advance the private interests of the judge. CJC Canon 5 provides that judges may participate in extrajudicial activities that do not detract from the dignity of office, reflect adversely upon their impartiality or interfere with the performance of judicial duties.

CJC Canon 7(A) addresses political activity. The formation of a local improvement district which deals with improvements to property owned by a judicial officer is not within the ambit of this provision when it is not scheduled for a vote.

1. A judicial officer may participate in the formation of a local improvement district with the goal of having a vote scheduled to have streets paved. The judicial officer should make it clear that the participation is as an affected property owner and not as a judicial officer. The judicial officer may not campaign if it comes to a vote.

2. A judicial officer may, as an affected property owner, oppose the U. S. Forest Service’s proposed plan to build facilities for off-road use on property which adjoins or is near forest land which the judicial officer owns.

In both instances, the judicial officer should however, confine activities to those which do not lend the prestige of the judicial office to advance the judge’s property interests, detract from the dignity of the office, reflect adversely upon the judge’s impartiality or interfere with the performance of judicial duties.

Opinion 97-08

06/26/1997