Opinion 1241

The Committee reviewed your inquiry concerning certain questions arising when attorneys also serve as part-time or pro tem judges and are requested to approve search warrants. The first question is whether the attorney as judge should consider a request to issue a warrant of a client of the firm. The Committee was of the opinion that since this question involves judicial conduct, it should properly be answered by the Judicial Ethics Advisory Committee to whom you have also submitted an inquiry.

Your next question was, whether such a warrant was issued or not, the lawyer has a duty to advise his client of the situation. The Committee was of the opinion that Rule 8.4(d) would prohibit such disclosure as it would be prejudicial to the administration of justice.

Your third question is whether, after such a warrant was issued by the lawyer as judge, that lawyer or another lawyer in the law firm could undertake to represent that person in any subsequent criminal proceeding. The Committee was of the opinion that RPC 1.12 would prohibit such representation by either the lawyer who issued the warrant as a judge or another member of that lawyer's firm.

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.