Can a part-time deputy prosecutor also serve as a part-time municipal court judge in the same county?

Plain-English summary

The inquiry asked whether a part-time municipal court judge may also be employed as a part-time deputy prosecutor in a county prosecuting attorney's office, prosecuting criminal cases in the superior court of the county in which the municipality is located.

The committee responded that nothing in the Rules of Professional Conduct, which control the inquirer's functions as a county deputy prosecutor, bars service as a part-time judge in an unrelated jurisdiction. The committee assumed the municipal court has no relation to the district court, and it expressly did not comment on the potential application of the doctrine of incompatible offices. It noted that, as a part-time judicial officer, the inquirer may wish to consult the Judicial Ethics Advisory Committee of the Washington State Supreme Court, through the Office of Administrator for the Courts in Olympia, about the Code of Judicial Conduct implications of the dual role.

Currency note

This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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 1.12 (former judge, arbitrator, mediator, or other third-party neutral) was carried into the 2006 revisions, and the Code of Judicial Conduct has been revised since, so verify the current rules before relying on them.

Common questions

Q: Do the lawyer ethics rules bar a deputy prosecutor from also sitting as a part-time judge?

A: No. The committee concluded that nothing in the Rules of Professional Conduct bars service as a part-time judge in an unrelated jurisdiction.

Q: Did the committee decide the dual role was fully proper?

A: No. It assumed the courts were unrelated, did not comment on the doctrine of incompatible offices, and left Code of Judicial Conduct questions to the Judicial Ethics Advisory Committee.

Q: Where should the judicial-side questions go?

A: The committee suggested consulting the Judicial Ethics Advisory Committee of the Washington State Supreme Court, through the Office of Administrator for the Courts in Olympia.

Background and rules framework

The opinion addressed the question under Washington RPC 1.12 (former judge, arbitrator, mediator, or other third-party neutral), corresponding to ABA Model Rule 1.12. The committee confined its analysis to the Rules of Professional Conduct that govern the inquirer's work as a deputy prosecutor and deferred the judicial-side analysis to the Code of Judicial Conduct and the Judicial Ethics Advisory Committee.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.12 (former judge, arbitrator, mediator, or other third-party neutral); Washington RPC 1.12

See also

• WA Ethics Op. 1325: Part-Time Judge, Adverse to City
• WA Ethics Op. 1340: Defense Appointments Conflicts
• WA Ethics Op. 1871: Government Lawyer Conflict

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1073

Original opinion text

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

Advisory Opinion: 1880
Year Issued: 1999
RPC(s): RPC 1.12
Subject: Conflict of interest; part time prosecutor in superior court serves as part time municipal court judge in same county

The inquiry concerns whether a part time municipal court judge may also be employed as a part time deputy prosecutor in a county prosecuting attorney’s office, prosecuting criminal cases in the superior court of the county in which the municipality is located.

Nothing in the Rules of Professional Conduct, which controls your functions as a county deputy prosecutor, bars your service as a part time judge in an unrelated jurisdiction. While not disclosed in your inquiry, we assume that the Municipal Court has no relation to the District Court, and, further, we do not comment on the potential application of the doctrine of incompatible offices. As a part time judicial officer, you may wish to consult the Judicial Ethics Advisory Committee of the Washington State Supreme Court through the Office of Administrator to the Court in Olympia regarding the Code of Judicial Conduct implications of your dual role.