Advisory Opinion: 1373

Year Issued: 1990

RPC(s): RPC 1.12(a); 1.12(c)

Subject: Judge; imputed disqualification; substantial participation; representation by law partners of part-time court commissioner who signed temporary order

The Committee reviewed your inquiry concerning whether lawyers in a law firm would be prohibited from representing parties in matters in which a member of the law firm who is a part time court commissioner had signed a temporary order. The Committee was of the opinion that the issuing of temporary restraining orders is "substantial participation" and therefore, pursuant to RPC 1.12(a) and 1.12(c), such representation could only be undertaken after disclosure and consent from all parties in the matter.

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.