STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION 99-1



Question
May a judicial officer permit a court employee to run for a 
nonpartisan elected office?  What restrictions should the judicial 
officer place on the court employee during the course of the election, 
and if successful, while the court employee serves in that capacity?

	A law clerk is considering running for city council which 
is a local, nonpartisan elected office.  Almost all of the meetings 
of the city council are in the evening, and the judge does not anticipate 
this position would detract in any way from the clerk’s duties at the 
court.  On occasions when it might be necessary of the clerk to be 
on city business during office hours, the clerk would  take vacation 
time.  Although there may be occasions in which a matter involving 
the city reaches the court, this does not happen routinely.  If it 
does, the clerk will be kept from any involvement in the case.


Answer
	CJC Canon 3(B)(2) provides that judges should require their 
staff and court officials subject to their direction and control to 
observe the standards or fidelity and diligence that apply to them.  
This provision is housed under the section addressing administrative 
responsibilities of judges and relates to fidelity and diligence in 
carrying out work related responsibilities.

	The Code of Judicial Conduct does not prohibit court staff 
from seeking election to a nonpartisan position but the law clerk may 
not use the prestige of the judicial office to benefit the campaign.  
The judicial officer may not endorse the clerk’s candidacy 
(CJC Canon 7A(1)(b)).  The clerk may not engage in any activities 
related to the campaign, and if successful, to the performance of the 
city council position responsibilities, while at work and may not use 
state resources at any time in this undertaking.  If these activities 
interfere with the performance of the clerk’s work or participation 
on specific cases, the judicial officer may have to either terminate 
the clerk’s employment or ask the clerk to resign from the council 
position.  In some cases the clerk’s council position may be relevant 
to disqualification or disclosure.

	See also Opinion 96-13.

6/1/99