State of Washington

Ethics Advisory Committee

Questions:

We are going through union negotiations regarding the court's social media policy for employees. Those employees have asked what parts of the Code of Judicial Conduct apply to them. We would like guidance before answering that question.

Several sections of the Code specifically refer to employees. However, Rule 2.12 Supervisory Duties states:

1. A judge shall require court staff, court officials, and others subject to the judge's direction and control to act with fidelity and in a diligent manner consistent with the judge's obligations under this Code.

What sections of the Code of Judicial Conduct apply to employees?

Answer:

The Code of Judicial Conduct does not apply directly to court employees. This means that a court employee who is not a judge, court commissioner, or a judge pro tempore (as defined in the Application or Terminology sections of the Code) is not subject to disciplinary action by the Commission on Judicial Conduct for Code violations. Nonetheless, the Code of Judicial Conduct indirectly applies to court employees who are under the direction and control of judicial officers. CJC Rule 2.12(A).

Washington State does not have a separate code of conduct for court employees. However, court employees are subject to the Washington Code of Judicial Conduct (CJC) via CJC 2.12(A), which places the burden on judges to require court staff, court officials, and others who are subject to a judge's direction and control to act with fidelity and in a diligent manner consistent with a judge's obligations under the Code.

EAO 19-03. Also, judicial officers cannot, "direct court personnel to engage in conduct on the [judicial officer's] behalf or as the [judicial officer's] representative when such conduct would violate the CJC if undertaken by the [judicial officer]." EAO 23-01, citing CJC Rule 2.12 Comment [1]. Finally, "[s]ome activities of court employees outside the discharge of their employment duties may be within the purview of CJC 2.12(A)." EAO 15-02.

Although this list is not exhaustive, the following provisions of the Code of Judicial conduct have been indirectly applied to court employees:

As this list is not exhaustive, other rules may be applied to court employees as part of a judicial officer's duty to ensure that such employees, "... act with fidelity and in a diligent manner consistent with the judge's obligations under this Code." CJC Rule 2.12.

Opinion 25-02

07/01/2025