Advisory Opinion: 1035

Year Issued: 1986

RPC(s): RPC 3.5

Subject: Communication with judge; letter criticizing decision in matter in which lawyer was not involved

The Committee considered your inquiry regarding the propriety of a lawyer writing a letter of criticism to a judge regarding a decision made by that judge. The Committee understood the facts of your inquiry to be that the lawyer had not been involved in the litigation resulting in the decision. The Committee was of the opinion that this would not be a prohibited ex parte communication because, based upon the facts in your inquiry, there is no pending litigation concerning this communication. The Committee specifically did not express any opinion regarding the content of the proposed letter you submitted.

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.