Can a part-time tribal court judge also represent litigants in that same tribal court?

Plain-English summary

The inquiry concerned a part-time tribal court judge's ability to accept cases. The committee 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, and so long as the lawyer does not run afoul of RPC 1.7(b).

The committee added that the lawyer may also be required to disclose his status as a part-time judge and his relationship with the tribe, citing RPC 1.4(b).

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 Treat this page as historical context, not current guidance.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 cited rules correspond to ABA Model Rules 1.4 (communication), 1.7 (conflicts of interest), and 1.12 (former judge, arbitrator, mediator, or other third-party neutral).

Common questions

Q: Can a part-time tribal court judge represent litigants in the same court?

A: The committee concluded RPC 1.12 does not prohibit it, at trial or on appeal, so long as the matter is totally unrelated to any case in which the lawyer sat as a judge.

Q: Does it matter whether the representation is against the tribe?

A: The committee said the judge may represent a litigant in that court either against the tribe or not, subject to the unrelated-matter condition and RPC 1.7(b).

Q: Must the lawyer disclose the part-time judge status?

A: The committee said the lawyer may also be required to disclose his status as a part-time judge and his relationship with the tribe, citing RPC 1.4(b).

Background and rules framework

The opinion applied RPC 1.12 (former judge, arbitrator, mediator, or other third-party neutral), RPC 1.7(b) (conflicts arising from the lawyer's own interests or responsibilities), and RPC 1.4(b) (communication), corresponding to ABA Model Rules 1.12, 1.7, and 1.4. The committee made the conclusion turn on whether the matter is totally unrelated to any case in which the lawyer sat as a judge, with RPC 1.7(b) and the disclosure point as additional limits.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.4 (communication); Washington RPC 1.4(b)
• ABA Model Rule 1.7 (conflict of interest: current clients); Washington RPC 1.7(b)
• ABA Model Rule 1.12 (former judge, arbitrator, mediator, or other third-party neutral); Washington RPC 1.12

See also

• WA Ethics Op. 1752: Mediator Drafting and Representing
• WA Ethics Op. 1773: Prosecuting a Former Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=983

Original opinion text

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

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).