Advisory Opinion: 1265

Year Issued: 1989

RPC(s): RPC 3.5; 3.8

Subject: Prosecutor employing spouse of judge as special deputy; duty to disclose to adverse parties

The Committee reviewed your inquiry concerning the employment by your office as a "special deputy" the wife of a judge of the Superior Court of your county. The Committee understood the facts to include that there would be no attempt to improperly seek to influence the judge in matters represented by your office. The Committee was of the opinion that the fact that your office employed the wife of the judge as a "special deputy" would have to be disclosed to adverse parties when a lawyer for your office was appearing before the judge.

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.