State of Washington

Ethics Advisory Committee

Questions

May a fully commissioned and working county Deputy Sheriff, who previously acted as a Deputy Prosecuting Attorney for 23 years, act as a judge pro tempore for a municipal court if the cases do not involve the County Sheriff’s office?

Regardless of how the first question is resolved, is it appropriate for the judicial officer from that bench to appoint the judicial officer’s attorney-spouse to serve as a pro tempore judge as a substitute for that judicial officer on an occasional basis?

Answer

CJC 1.2 provides that a judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety. The dual functions of county Deputy Sheriff and municipal court pro tempore judge would create in reasonable minds the appearance that the pro tempore judge is not independent or impartial while the sheriff's deputy continues to work in law enforcement.

CJC 2.13(A)(2) provides that in making administrative appointments, a judge shall avoid nepotism and unnecessary appointments. It is not appropriate for a judicial officer to appoint his or her attorney-spouse to serve as a pro tempore judge because an appointment under these circumstances creates an appearance of impropriety and would be viewed as an act of nepotism.

Opinion 16-02

02/26/2016