Advisory Opinion: 1555

Year Issued: 1993

RPC(s): RPC 1.7(b)

Subject: Conflict of interest; prosecutor married to probation officer

The Committee reviewed your inquiry concerning possible conflicts of interest when you are a deputy prosecuting attorney and your spouse is a county probation officer. First, the Committee is of the opinion that RPC 1.7 is the applicable rule, and that to the extent there are conflicts, they are such that could be consented to by your client, the county, after disclosure of the relevant facts, and presuming that you reasonably believed the relationship would not impact your representation of the county.

Second, the Committee is of the opinion that there may be cases based upon particular facts where you might be disqualified from representing the county. Finally, the Committee wanted to note that their advice is related solely to your role as prosecuting attorney and not as to who may raise any conflict of interest issues or to any conflicts presented to the county probation officer.

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.