State of Washington

Ethics Advisory Committee

Question

May a full-time judge accept compensation for teaching classes at a university or community college if the hours do not conflict with normal judicial functions?

Answer

The Code of Judicial Conduct Canon 2(A) requires that judges comply with the law. Wa. Const. art. 4, § 15 provides in part that judges of the Supreme Court and Superior Courts are ineligible for public employment during the term for which they have been elected. RCW 3.74.020 provides in part that full-time District Court judges are ineligible for public employment during the term for which they have been elected. Because of the foregoing constitutional and statutory provisions Supreme Court, Superior Court and full-time District Court judges are prohibited from accepting compensation for teaching classes at a public university or community college. This prohibition does not apply to Court of Appeals judges because RCW 2.06.090 does not prohibit Court of Appeals judges from public employment.

All judges may accept compensation for teaching classes at a private university if it does not conflict with normal judicial functions.

Opinion 91-21

06/24/1991