Advisory Opinion: 1233

Year Issued: 1988

RPC(s): RPC 3.1; 8.4(c); 8.4(d); CrR 3.3

Subject: Prosecutor; filing criminal charges in violation of procedural right to speedy trial

The Committee reviewed your inquiry concerning whether a prosecutor has an ethical duty not to file a case which would violate a defendant's right speedy trial under CrR 3.3 (not a federal or state constitutional right). After considerable discussion, by a vote of 8-6, the Committee was of the opinion that, based on the facts as presented by you, such conduct would violate RPC 3.1, 8.4(c) and 8.4(d).

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.