Advisory Opinion: 1858

Year Issued: 1999

RPC(s): RPC 5.2; 8.3(a)

Subject: Prosecuting attorney’s requirement to approve all bar complaints

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1858 concerning a prosecuting attorney’s requirement to approve all bar complaints.

The Committee has reviewed your inquiry and determined that the following:

While an elected prosecuting attorney may reasonably and ethically require the deputy prosecutor to have reviewed by the prosecutor all complaints of professional misconduct before filing with the WSBA, it would violate RPC 5.2(a) and 8.3(a) to require the elected prosecutor’s approval of the complaint as a condition precedent to its filing by the deputy under his own name. In other words, if the deputy having submitted what the deputy reasonably believes is a valid complaint of unprofessional conduct and the elected prosecutor directs the deputy not to file it, it would be a violation of RPC 5.2(a) both by the prosecutor and the deputy to prevent the deputy from filing the complaint.

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.