State of Washington

Ethics Advisory Committee

Withdrawn Opinion 03-02

Withdrawn 3/10/2005

Question
Is a judicial officer bound to comply with an appellate court decision from an appellate court, in another division, when the judicial officer disagrees with the ruling?

Answer

CJC Canon 2(A) provides in part that judges should comply with the law. Canon 3(A)(1) provides in part that judges should be faithful to the law and maintain professional competence in it.

CJC Canons 2(A) and 3(A)(1) require that judges comply with the law and maintain professional competence in it. Consequently, a judicial officer is required to follow the holdings in an appellate court decision, in another division, even if the judicial officer disagrees with the ruling.

Opinion 03-02

05/08/2003