If a prosecutor's office employs a judge's spouse as a special deputy, must that be disclosed when an office lawyer appears before that judge?

Plain-English summary

The inquiry concerned a prosecutor's office that employed the wife of a Superior Court judge in the county as a "special deputy." The committee understood the facts to include that there would be no attempt to improperly seek to influence the judge in matters the office represented. On those facts, the committee was of the opinion that the office's employment of the judge's wife as a special deputy would have to be disclosed to adverse parties when a lawyer for the office appeared before that judge.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could the prosecutor's office employ the judge's spouse at all?

A: The committee did not bar the employment; it understood the facts to include no attempt to improperly influence the judge. Its holding was about disclosure, not prohibition.

Q: When did the office have to disclose the relationship?

A: To adverse parties whenever a lawyer for the office appeared before that judge.

Background and rules framework

RPC 3.5, Washington's version of ABA Model Rule 3.5, addresses a lawyer's improper influence on a judge and the impartiality of the tribunal, and RPC 3.8, Washington's version of Model Rule 3.8, sets out the special responsibilities of a prosecutor. The committee drew a disclosure duty from those provisions: where the office employed the presiding judge's spouse, adverse parties had to be told whenever an office lawyer appeared before that judge.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 3.5 (impartiality and decorum of the tribunal)
• ABA Model Rule 3.8 (special responsibilities of a prosecutor)
• Washington RPC 3.5; RPC 3.8

See also

• WA Ethics Op. 1260: Buying a Soon-to-Be Judge's Law Practice
• WA Ethics Op. 1251: Judicial Campaign Solicitations

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=345

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

The Committee reviewed your inquiry concerning the employment by your office as a "special deputy" the wife of a judge of the Superior Court of your county. The Committee understood the facts to include that there would be no attempt to improperly seek to influence the judge in matters represented by your office. The Committee was of the opinion that the fact that your office employed the wife of the judge as a "special deputy" would have to be disclosed to adverse parties when a lawyer for your office was appearing before the judge.