State of Washington

Ethics Advisory Committee

Question

May a judicial officer serve on the Community Public Health and Safety Network established pursuant to RCW chap. 70.190?

Answer

CJC Canon 4(B) provides that judicial officers “may appear at a public hearing before a legislative body or official on matters concerning the law, the legal system and the administration of justice, and they may otherwise consult with an executive or legislative body or official, but only on matters concerning the administration of justice”.
CJC Canon 5(G) prohibits a judicial officer from accepting appointment to a governmental position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system or the administration of justice. Because membership on the Community Public Health and Safety Network falls under this restriction a judicial officer may not serve as a member.

Although the legislation makes specific reference to judicial officers serving on the network, the Code of Judicial Conduct is the primary authority for setting forth the conduct by which members of the judiciary are bound. The legislature cannot preempt the Code of Judicial Conduct via legislation.
CJC Canon 4(B) permits a judicial officer to appear at a public hearing before the network on matters concerning the law, the legal system and the administration of justice or to otherwise provide information to the network on matters concerning the administration of justice.

Opinion 95-04

01/06/1995