Advisory Opinion: 1574

Year Issued: 1994

RPC(s): RPC 1.7(b); 1.10

Subject: Imputed disqualification of prosecutor's office where one deputy prosecutor married to police officer

I have been instructed by the Rules of Professional Conduct Committee to respond to your request for an opinion regarding imputed disqualification of lawyers in the prosecutor's office. The question you presented is whether a deputy prosecutor employed by the city, and his fiancee who is also employed by the city as a police officer, has a conflict of interest which requires referral of cases handled to another prosecuting agency.

It was the RPC Committee's opinion that there is no vicarious disqualification to other deputy prosecutors unless their independent judgment is tainted under RPC 1.7(b).

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.