State of Washington

Ethics Advisory Committee

Opinion 95-10

Question

Must a judicial officer be disqualified from hearing cases when the defendant is represented by the same public defense agency which employs the spouse of the judicial officer?

If disqualification is not required, should the judicial officer disclose the relationship whenever any defendant is represented by the same public defense agency which employs the spouse of the judicial officer?

Answer

CJC Canon 3(C) provides that judicial officers should disqualify themselves in proceedings in which their impartiality might reasonably be questioned.

The judicial officer may hear cases in which the defendant is represented by a public defense agency where the judicial officer’s spouse is employed because the spouse’s employment alone does not call the judicial officer’s impartiality into question. The judicial officer does not need to disclose the spouse’s employment relationship whenever any defendant is represented by the spouse’s employer unless independent circumstances justify the disclosure.

See also Opinion 91-18.

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 95-10—CJC Canon 3(C) became 3(D).

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 2.1
CJC 2.4(B)
CJC 2.11

Opinion 95-10

02/27/1995

Amended 09/20/2005

  

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