State of Washington

Ethics Advisory Committee

Question

May a full-time district court judge serve as a part-time United States magistrate provided that is no conflict with the normal judicial functions?

A district court commissioner is also employed as a part-time United States magistrate. The judicial officer plans to run for a full-time district court judicial position.

The regularly scheduled federal sessions are held as night court and are in a separate federally-owned facility.

Answer

CJC Canon 2(A) provides in part that judges should respect and comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. RCW 3.34.040 provides in part that a full-time district court judge shall devote all of their time to the office. Finally, RCW 3.74.020 provides that full-time district court judges shall be ineligible for any other office or public employment other than a judicial office. Based on the foregoing, a full-time district court judge may also serve as a part-time United States magistrate provided there is no conflict with normal judicial duties and responsibilities.

Opinion 00-12

09/14/2000