Can a lawyer serve as a part-time court commissioner or judge in courts where other lawyers in the firm appear?
Apply this to your situation
This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiring lawyer served as a part-time District Court commissioner and Municipal Court judge while the lawyer's firm represented defendants in both courts. The lawyer intended not to represent any clients in District Court and to set up the office so as to have no contact with District Court cases.
The committee was of the opinion that the lawyer could not hear any cases in District Court in which members of the firm were involved, and could not appear in Superior Court on cases previously heard before the lawyer in District Court. The committee rendered no opinion regarding the Code of Judicial Conduct and suggested directing any such inquiry to the Judicial Ethics Advisory Committee.
Currency note
This opinion was issued in 1990, 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 Treat this page as historical context, not current guidance.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 judge hear cases that lawyers from the judge's own firm are handling?
A: Under this 1990 opinion, no; the committee was of the opinion that the lawyer could not hear any case in District Court in which members of the firm were involved.
Q: Can the lawyer later appear in Superior Court on a case heard while sitting as commissioner?
A: No. The committee was of the opinion that the lawyer could not appear in Superior Court on cases previously heard before the lawyer in District Court.
Q: Did the committee address the Code of Judicial Conduct?
A: No. The committee rendered no opinion on the Code of Judicial Conduct and suggested directing such questions to the Judicial Ethics Advisory Committee.
Background and rules framework
At the time of this opinion, Washington's RPC 1.10 governed imputation of conflicts within a firm, the subject the Model Rules place in Rule 1.10. The committee applied it to bar the lawyer-judge from hearing firm matters and from switching sides to advocate in Superior Court on a case the lawyer had decided below, while expressly leaving judicial-conduct questions to the Judicial Ethics Advisory Committee.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.10 (imputation of conflicts)
- Washington RPC 1.10
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=421
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning your conduct as a part time District Court commissioner and a Municipal Court judge. [The lawyer's firm represented defendants in both courts.] The Committee understood that you intend not to represent any clients in District Court and to set up your office so as to have no contact with District Court cases. The Committee was of the opinion that you could not hear any cases in District Court in which members of your firm were involved, and you could not appear in Superior Court on cases previously heard before you in District Court.
The Committee rendered no opinion regarding the Code of Judicial Conduct and suggested that you direct any such inquiry to the Judicial Ethics Advisory Committee.
Get today's answer for your situation
You just read a 1990 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.