State of Washington

Ethics Advisory Committee

Question

May a full-time court of limited jurisdiction judicial officer perform, on a no-fee basis, settlement conferences, arbitrations, or mediation in marriage dissolution and/or other family law cases, during the evening hours?

May a full-time court of limited jurisdiction judicial officer be appointed as a pro tempore superior court commissioner to perform the settlement conferences, during the evening hours only?

Answer

CJC Canon 5(E) provides that judicial officers should not act as arbitrators or mediators. Therefore, a court of limited jurisdiction judicial officer may not perform arbitrations or mediation. The fact that these services would be rendered on a no-fee basis or during the evening hours does not affect this prohibition.

A court of limited jurisdiction judicial officer may conduct a settlement conference for any type of pending case on a no-fee basis during the evening hours if the judicial officer is appointed a pro tempore superior court commissioner.

Opinion 93-27

11/22/1993