State of Washington

Ethics Advisory Committee

Question

1. May a part-time municipal court judge be employed in the same firm which also employs the person who serves as the same town’s city attorney, if the city attorney will never appear in front of the judge and will never draft ordinances that the judge will have to rule on?

2. If this is a conflict of interest, does the Disclosure and Waiver of Possible Basis for Disqualification of Judge form signed by each defendant eliminate and waive the conflict?

3. If the two positions are not in conflict, is the Disclosure and Waiver of Possible Basis for Disqualification of Judge form necessary?

   This municipal court judicial officer position is part-time serving approximately two times a month. The part-time judicial officer also has a private practice. An attorney associate in her law firm is the city attorney. The city attorney and the municipal court have no contact with each other. The city attorney by agreement with city officials does not draft ordinances that would be ruled on by the municipal court judge. The city attorney does not appear in the municipal court. The city has a prosecutor that is not affiliated with the judicial officer’s law firm.

Answer

Part-time judges are required to comply with CJC Canon 2(A) and 3(D)(1). (Application of the Code of Judicial Conduct (1)). Canon 2(A) provides that judges should comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary. Canon(D)(1) provides that judges should disqualify themselves in a proceeding in which their impartiality might reasonably be questioned.

A part-time municipal court judge may be employed in the same law firm, which also employs the person who serves as the same town’s city attorney because the city attorney does not appear in the judge’s court and does not draft ordinances that the judge will rule upon. The town has a city prosecuting attorney who is not affiliated with the judge’s law firm who will appear in the part-time judge’s municipal court. The firm should take reasonable steps to establish screens within the firm that deny the judge and the prosecutor access to the electronic and hard copy files of each other regarding city matters.

Because the city attorney does not appear in the court where the judge/attorney associate serves or draft ordinances which are interpreted by that court, there is not a conflict of interest and there is no need to disclose that the part-time judge and city attorney are employed by the same law firm or to have the parties and/or counsel sign a disclosure and waiver form.

Opinion 03-05

05/08/2003