State of Washington

Ethics Advisory Committee

Opinion 94-03

Question

May a part-time judicial officer also serve as a hearing examiner for drug forfeiture cases under RCW chap. 69.50?

Answer

The Preamble of the Code of Judicial Conduct permits a part-time judicial officer to engage in the practice of law (Canon 5(F)) and also to act as an arbitrator or mediator (Canon 5(G)).

A part-time judicial officer may serve as a hearing examiner for drug forfeiture hearings under RCW chap. 69.50 because a part-time judicial officer is permitted to devote time to another profession or occupation and may practice law. Additionally, proceedings relating to these hearings would not come before the judicial officer in the capacity of a municipal court judge.

This question is different than the one posed in Opinion 86-7 because that involved a full-time judicial officer.

NOTE: Effective June 23, 1995, the Supreme Court amended the Code of Judicial Conduct. In addition to reviewing the ethics advisory opinions, the following should be noted:

Opinion 94-3—“Part-time judges” are defined in the Terminology section of the Code. The Application section at (A)(2) sets forth the provisions with which part-time judges are required to comply.

The Supreme Court adopted a new Code of Judicial Conduct effective January 1, 2011. In addition to reviewing the ethics advisory opinions, the following should be noted:

CJC Application II(A)(2)
CJC Terminology “Part-time judge”
CJC 3.9
CJC 3.10

Opinion 94-03

05/31/1994

 

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