State of Washington

Ethics Advisory Committee

Question

When a judicial officer is presented ex parte with a motion for a temporary restraining order in a dissolution proceeding and is presented with affidavits which contain argument and facts in support of the motion as authorized by law, would such a communication preclude the judicial officer from hearing the case on a contested calendar on the return date set by the judicial officer in the temporary restraining order?

Answer

CJC Canon 3A(4) prohibits ex parte communications which are not authorized by law. A judicial officer is authorized by RCW 26.09.060 to hear motions for temporary restraining orders. Information submitted is support of such a motion is not an ex parte communication prohibited by CJC Canon 3A(4). Absent independent circumstances which would require disqualification, a judicial officer may hear the case on a contested calendar on the return date set.

Opinion 90-15

09/24/1990