Opinion 1

Your communication requesting an opinion as to the propriety of your accepting employment to represent a railroad company in defending a civil suit for damages brought against such railroad company by a freight truck driver, whom you, as prosecuting attorney, prosecuted for negligent driving in connection with the same accident out of which his alleged civil action against the railroad company arises, has been referred to the Committee on Legal Ethics of the Association.

The Committee is of the opinion that you are precluded from accepting employment in such civil cause of action by virtue of Section 4138 of Remington's Revised Statutes of the State of Washington [RCW 36.26.050, and the construction placed by the Supreme Court on Section 4138 in the case of Callahan v. Jones, 200 Wash. 241. On page 249 of such reported case, the Supreme Court in regard to such statute states:

"The legislative intent to entirely separate the official duties of prosecuting attorneys from any private gain clearly appears, and this legislative policy is so clearly in the public interest that the statute should not be restricted by judicial interpretation, but should be so construed as to accomplish to the full its beneficent purpose."

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.