Advisory Opinion: 1840

Year Issued: 1998

RPC(s): RPC 1.7; 8.4

Subject: Prosecuting attorney bidding on public defender contract to take effect after end of term of office

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethical inquiry #1840 concerning whether a prosecuting attorney may bid on a public defender contract to take effect after his term of office has ended.

It is the opinion of the committee that it is impermissible under RPC 1.7 for the prosecuting attorney to bid on the contract. The committee offers no opinion on whether this "dual participation" would violate Washington state law on conflict of interest. However, if such laws were violated by this action, the result would be a violation of RPC 8.4.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.