Opinion 1333

The Committee reviewed your inquiry setting forth four questions, and was of the opinion that the first, second and fourth questions involved interpretations of the Code of Judicial Conduct. Such an inquiry should be directed to the Judicial Ethics Advisory Committee.

Regarding your inquiry concerning a court commissioner hearing juvenile or family cases in Superior Court and also practicing before the same court in other areas of practice, the Committee was of the opinion that the Rules of Professional Conduct would not prohibit such conduct, provided that you advise your clients of your role so that they would not be mislead into believing that their case would receive any preferential treatment. The Committee was also of the opinion that formal opinion 160, issued in 1975, is still applicable and addresses the issue you raise.

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.