Advisory Opinion: 2002

Year Issued: 2003

RPC(s): RPC 6.1

Subject: pro bono work by deputy prosecuting attorney

(1)The inquirer, who is a deputy prosecuting attorney asks how the provisions of proposed RPC 6.1, regarding pro bono work, would affect deputy prosecutors in Washington and whether RCW 36.27.060 allows deputy prosecutors to do pro bono work.

The RPC in question is a proposed rule only at this time. The purpose of the committee is to advise members of the Bar upon the propriety of their conduct under the Rules of Professional Conduct. Since the inquiry is directed at a proposed rule, not yet adopted by the Supreme Court and not yet in effect, the inquiry is outside the purview of matters the committee may consider. The inquiry concerning the Revised Code of Washington raises a legal question that is also beyond the purview of the committee.

(2) By way of clarification of our previous letter, the following is offered: there is no reason under RPC 1.6 why a deputy prosecution attorney cannot do conflict-free pro bono work. We may not opine as to whether or not such work would violate RCW 36.27.060 or other ordinance or statute.

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.