Advisory Opinion: 1790

Year Issued: 1997

RPC(s): RPC 1.4(b); 1.7(b); 1.12

Subject: Conflict of interest; part time tribal court judge representing litigants in tribal court

The Committee researched and reviewed your inquiry concerning a part-time tribal court judge's ability to accept cases and determined that RPC 1.12 does not prohibit a part-time tribal court judge either at trial or on appeal from representing a litigant in the court in which the judge sat, either against the tribe or not, so long as the matter is totally unrelated to any case in which the lawyer has sat in a judicial capacity so long as the lawyer does not run afoul of RPC 1.7(b). The lawyer may also be required to disclose his status as part-time judge and his relationship with the tribe. RPC 1.4(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.