Can a lawyer who works as a criminal-court bailiff also appear as a private practitioner before other judges and commissioners?
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This page answers the general question as of 1997. 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 inquiry asked whether there is a conflict of interest in appearing before family law commissioners and civil I.C. judges while employed by King County as a bailiff in criminal court. The committee responded that, in the absence of any specific conflicts, and with the appropriate consents and approvals from clients and opposing counsel, it is not a violation of the Rules of Professional Conduct to appear before court commissioners and judges as a private practitioner while employed by the county as a bailiff in criminal court.
Currency note
This opinion was issued in 1997, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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. Washington's RPC 1.11 and 1.12 correspond to ABA Model Rules 1.11 (former and current government officers and employees) and 1.12 (former judges, arbitrators, mediators, and judicial staff).
Common questions
Q: Can a criminal-court bailiff appear as a private lawyer before other judges?
A: The committee said it is not a violation of the Rules, absent any specific conflicts and with appropriate consents and approvals from clients and opposing counsel.
Q: What conditions did the committee attach?
A: The committee conditioned the conclusion on the absence of specific conflicts and on obtaining the appropriate consents and approvals from clients and opposing counsel.
Background and rules framework
The opinion addressed a lawyer who holds a judicial-branch staff position (criminal-court bailiff) while practicing privately before other judicial officers, invoking RPC 1.11 and 1.12 (the special conflict rules for government employees and for former judges and judicial staff, corresponding to ABA Model Rules 1.11 and 1.12). The committee treated the dual role as permissible by default, conditioned on no specific conflict and on consents from the affected clients and opposing counsel.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.11 (former and current government officers and employees); Washington RPC 1.11
- ABA Model Rule 1.12 (former judge, arbitrator, mediator, or judicial staff); Washington RPC 1.12
See also
- WA Ethics Op. 1676: Partner as Part-Time Special AG
- WA Ethics Op. 1661: Former Lawyer Now Heads a State Agency
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=773
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1699
Year Issued: 1997
RPC(s): RPC 1.11; 1.12
Subject: Conflict of interest; lawyer employed as bailiff appearing before other judges
I have been instructed by the RPC Committee to respond to your ethics inquiry regarding whether there is a conflict of interest in appearing before family law commissioners and civil I.C. judges, while employed by King County as a bailiff in criminal court as follows:
In the absence of any specific conflicts, and with the appropriate consents and approvals from clients and opposing counsel, it is not a violation of the Rules of Professional Conduct to appear before court commissioners and judges as a private practitioner, while employed by the county as a bailiff in criminal court.
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