Advisory Opinion: 1880

Year Issued: 1999

RPC(s): RPC 1.12

Subject: Conflict of interest; part time prosecutor in superior court serves as part time municipal court judge in same county

The inquiry concerns whether a part time municipal court judge may also be employed as a part time deputy prosecutor in a county prosecuting attorney’s office, prosecuting criminal cases in the superior court of the county in which the municipality is located.

Nothing in the Rules of Professional Conduct, which controls your functions as a county deputy prosecutor, bars your service as a part time judge in an unrelated jurisdiction. While not disclosed in your inquiry, we assume that the Municipal Court has no relation to the District Court, and, further, we do not comment on the potential application of the doctrine of incompatible offices. As a part time judicial officer, you may wish to consult the Judicial Ethics Advisory Committee of the Washington State Supreme Court through the Office of Administrator to the Court in Olympia regarding the Code of Judicial Conduct implications of your dual role.

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.