State of Washington

Ethics Advisory Committee

Question

Is it proper for a superior court judge to hear dependency or other related matters initiated by the Department of Children and Family Services (DCFS) or in which DCFS caseworkers appear as witnesses where the spouse of the judge is employed as an adoption caseworker in the same office?

Answer

The Code of Judicial Conduct would allow a superior court judge to hear dependency or other related matters initiated by the Department of Children and Family Services (DCFS) or in which DCFS caseworkers appear as witnesses where the spouse of the judge is employed as an adoption caseworker in the same office.
CJC Canon 2 requires judges to avoid impropriety and the appearance of impropriety and also requires that judges not allow social or other relationships to influence their judicial conduct or judgement. CJC Canon 3(D) requires judges to disqualify themselves in a proceeding in which their impartiality might reasonably be questioned. The committee’s opinion is that under some circumstances the marital relationship between the judge and the adoption caseworker might give rise to a circumstance wherein the judge’s impartiality might reasonably be questioned.

In accordance with CJC Canon 2 the judge should make known any circumstances arising from the marital relationship that might cause the judge’s impartiality to reasonably be questioned, or if appropriate, the judge should offer to withdraw from the particular case.

Opinion 88-08

05/18/1988