Advisory Opinion: 1494

Year Issued: 1992

RPC(s):

Subject: Conflict of interest; prosecutor married to judge

The Committee reviewed your inquiry regarding potential conflicts of interest between yourself as a prosecuting attorney and your wife, who is seeking a district court judge appointment. The Committee was of the opinion that as set out in your inquiry, the steps you propose to take would be appropriate. [The inquiring lawyer's district court practice involved only approval of search warrants. He proposed that his wife not review any search warrants he had approved or reviewed.] The Committee understood that there would be no attempt to unduly influence the judge in matters involving the prosecuting attorney's office. The Committee specifically noted that it did not consider any implications of the Code of Judicial Conduct on this issue.

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.