Advisory Opinion: 1881

Year Issued: 1999

RPC(s): RPC 1.8; 1.9

Subject: Conflict of interest; city attorney who previously was contract public defender and judge pro tem

The inquiry concerned the ethical constraints of a city attorney who has also acted as a contract public defender in the same jurisdiction and who also has acted as a judge pro tem in the district court.

The committee responded that as long as an attorney complies with RPC 1.9 and 1.8, the attorney may appropriately act as interim and full time city attorney. The attorney’s role as pro tem superior, municipal or district court judge is outside our purview. If the attorney had a role in a pro tem judicial capacity in any case where the attorney had participated as a lawyer, the issue would be one for the Code of Judicial Conduct and the Judicial Ethics Advisory Committee.

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.