State of Washington

Ethics Advisory Committee

Question

Is there an appearance of fairness and/or a conflict of interest for a superior court judge who hears a case in which the defendant's newly associated counsel is also counsel on a case on appeal in which associated counsel represents a party whose interest is adverse to an interested party but not the named party on appeal when the judge's spouse is the chairperson of the board of the interested party?

Answer

The fact that the superior court judge hears a case in which the defendant's newly associated counsel is also counsel on a case on appeal in which associated counsel also represents a party whose interest is adverse to an interested party but not the named party on appeal when the judge's spouse is the chairperson of the board of the interested party does not create a conflict of interest and/or appearance of fairness situation. If the judge believes the judge's impartiality might reasonably be questioned the judge should disclose on the record the judge's spouse's position.

Opinion 89-12

05/22/1989