State of Washington

Ethics Advisory Committee

Questions:

1. May a judicial officer permit an administrative clerk in the police department, whose duties include processing accounts payable and receivable, creating purchase orders for the department, making travel arrangements, researching grant opportunities, processing incoming and outgoing mail, answering incoming calls, and maintaining office inventory and supplies, to also serve as court clerk for a municipal department of the district court that handles only civil infraction violations under city ordinances (e.g., nuisances, parking violations, zoning violations, business license violations) under repealed Ch. 3.46 RCW?

2. May a judicial officer permit a city clerk or treasurer whose duties may include being the chief financial officer for the city, custodian of all official city records, clerk to the city council, public records officer, utilities billings, and customer service (walk-in's and phone) to also serve as court clerk for a municipal department of the district court that handles only civil infraction violations under city ordinances (e.g., nuisances, parking violations, zoning violations, business license violations) under repealed Ch. 3.46 RCW?

3. What additional duties outside of the municipal court function would be prohibited?

Answer:

The Committee has previously determined that judicial officers may not delegate the court's responsibilities, including the performance of ministerial duties, to another branch of government in EAO 06-04 (a judge may not permit a part-time municipal court clerk to also serve as the police department evidence clerk and animal control officer), and EAO 00-17 (a part-time municipal court judge may not delegate duties in ARLJ 5 to executive or legislative branches of the city). These opinions advised that there was an incontrovertible risk that the public would perceive that a clerk who performed functions for both the judicial branch and the executive branch would undermine the public confidence in the integrity and impartiality of the judiciary.

Accordingly, in response to the questions posed, a judicial officer may not permit an executive branch employee, whether it be a police department administrative clerk, city clerk, or city treasurer, to serve as a court clerk for a municipal department of the district court even if that department only handles civil infraction violations under repealed Ch. 3.46 RCW.¹ In order to preserve the public confidence in the integrity and impartiality of the judiciary, it is important that there is a clear separation between the court's functions (i.e., the judge and the clerk) and the executive function (i.e., police, parking and other enforcement agents). There is no exception for the delegation of duties to process civil infractions of civil ordinances.

¹  Under the Laws of 2008, Ch. 227, § 11, municipalities that were operating municipal departments prior to July 1, 2008 may continue to operate and be subjective to the provisions of chapter 3.46 RCW.

Opinion 20-08

11/24/2020