If a lawyer serves as a part-time municipal judge, may the lawyer and the firm represent clients adverse to the municipality in matters outside the municipal court's jurisdiction?
Apply this to your situation
This page answers the general question as of 1989. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned potential conflicts of interest in serving as a part-time municipal court judge. The question was whether the lawyer and members of the lawyer's firm could represent clients with positions adverse to the municipality in matters that are not within the jurisdiction of the municipal court.
The committee was of the opinion that the applicable rules are RPC 1.11 and 1.12, and that, based on the facts presented, nothing in those rules prohibits the conduct described in the inquiry.
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 Treat this page as historical context, not current guidance.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: Can a part-time municipal judge's firm take cases against the city?
A: Under this 1989 opinion, on the facts presented, yes, in matters not within the municipal court's jurisdiction. The committee found nothing in RPC 1.11 and 1.12 to prohibit it.
Q: Which rules did the committee identify as controlling?
A: RPC 1.11 (former and current government officers and employees) and RPC 1.12 (former judge, arbitrator, mediator, or other third-party neutral).
Q: Was the committee's answer limited to the facts presented?
A: Yes. The committee framed its conclusion as based upon the facts presented in the inquiry.
Background and rules framework
RPC 1.11 and 1.12, Washington's versions of ABA Model Rules 1.11 and 1.12, address conflicts arising from government service and from prior service as a judge or other adjudicative officer. The committee identified these as the applicable rules for a part-time municipal judge whose firm seeks to represent clients adverse to the municipality, and concluded that on the facts presented they did not prohibit representation in matters outside the municipal court's jurisdiction.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.11 (special conflicts for former and current government officers and employees)
- ABA Model Rule 1.12 (former judge, arbitrator, mediator, or other third-party neutral)
- Washington RPC 1.11 and RPC 1.12
See also
- WA Ethics Op. 1314: Guardian Ad Litem Then Representing the Parents
- WA Ethics Op. 1300: Conflict After a Firm Merger
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=405
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning potential conflicts of interest in serving as a part-time municipal court judge. The question raised is whether you and members of your law firm could represent clients with positions adverse to the municipality in matters that are not within the jurisdiction of the municipal court. The Committee is of the opinion that the applicable rules are RPC 1.11 and 1.12, and, based upon the facts presented by you, nothing in those rules prohibits the conduct described in your inquiry.
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