Must a lawyer disclose a prior relationship with the judge or court commissioner hearing the case?

Plain-English summary

The inquiry asked about disclosure of a lawyer's prior relationship to a judge or court commissioner. The committee concluded that the Rules of Professional Conduct do not address this issue.

The committee identified the Code of Judicial Conduct as the body of rules that addresses the question, and noted that the judge or court commissioner may wish to consult the Ethics Advisory Committee, through the Office of the Administrator for the Courts, for an opinion.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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. The opinion pointed to the Washington Code of Judicial Conduct, which has itself been revised since 1998.

Common questions

Q: Do the Rules of Professional Conduct require a lawyer to disclose a prior relationship with the judge?

A: The committee concluded the Rules of Professional Conduct do not address the issue.

Q: Where is the question of a lawyer's prior relationship with a judge addressed?

A: The committee said the issue is addressed by the Code of Judicial Conduct.

Q: Who can get an opinion on the judicial-conduct question?

A: The committee noted the judge or court commissioner may consult the Ethics Advisory Committee, through the Office of the Administrator for the Courts.

Background and rules framework

The inquiry sought guidance under the Rules of Professional Conduct, but the committee concluded those rules do not address a lawyer's disclosure of a prior relationship with a judge or court commissioner. It pointed instead to the Code of Judicial Conduct as the governing authority and to the Ethics Advisory Committee (through the Office of the Administrator for the Courts) as the source for an opinion on that question.

Citations and references

Other authorities cited:

• Washington Code of Judicial Conduct (identified by the committee as the body of rules addressing the question)
• Ethics Advisory Committee, through the Office of the Administrator for the Courts (the committee's suggested source for a judicial-conduct opinion)

See also

• WSBA Ethics Op. 1161: Disclosing a Judge Campaign Tie
• WA Ethics Op. 1019: Appearing Before a Former Colleague

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1036

Original opinion text

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

Advisory Opinion: 1843
Year Issued: 1998
RPC(s):
Subject: Disclosure of lawyer's prior relationship with judge or court commissioner

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1843 concerning disclosure of a lawyer's prior relationship to a judge or a court commissioner.

It is the opinion of the committee that the Rules of Professional conduct do not address this issue. The issue is addressed by the Code of Judicial Conduct, and the judge or court commissioner may wish to consult the Ethics Advisory Committee, through the Office of the Administrator for the Courts, for an opinion.