State of Washington

Ethics Advisory Committee

Question

Under what circumstances and in what manner may a judicial officer respond to preliminary, informal or formal discovery requests in a matter in which he or she may be a fact witness?

Answer

A judicial officer may respond to preliminary, informal or formal discovery requests in a matter in which he or she may be a fact witness. The judicial officer should, however, ensure that preliminary or informal requests are handled in such a way so that there is no question that the judicial position is being compromised or exploited for the private interests of others.

Opinion 91-24

10/29/1991