Can a lawyer appear before a Court Commissioner who used to work at the lawyer's firm?
Apply this to your situation
This page answers the general question as of 1986. 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 a lawyer could appear before a Court Commissioner who had formerly been associated with the lawyer's office. The committee addressed only the lawyer's side of that question, under the Rules of Professional Conduct.
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits the lawyer from appearing before the Commissioner. It added that the Commissioner might want to inquire of the Judicial Qualifications Commission about whether anything in the Code of Judicial Conduct would guide the Commissioner, which is the judicial officer's own question to resolve.
Currency note
This opinion was issued in 1986, before 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 Treat this page as historical context, not current guidance.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: Does any conduct rule stop a lawyer from appearing before a former colleague who is now a Court Commissioner?
A: Under this 1986 opinion, no. The committee found nothing in the Rules of Professional Conduct that prohibits the appearance.
Q: Whose responsibility is it to consider recusal?
A: The committee framed that as the Commissioner's question, suggesting the Commissioner ask the Judicial Qualifications Commission whether the Code of Judicial Conduct provides guidance.
Background and rules framework
The committee answered the lawyer's question under the Rules of Professional Conduct and identified no rule prohibiting the appearance. It pointed the disqualification question to the Code of Judicial Conduct, which governs judges and judicial officers such as Court Commissioners, and to the Judicial Qualifications Commission, rather than resolving it under the lawyer conduct rules.
Citations and references
Rules of Professional Conduct:
- The opinion cites no specific Rule of Professional Conduct; it concludes that none prohibits the appearance.
Other authority referenced:
- Code of Judicial Conduct (identified as the source of any guidance for the Commissioner)
See also
- NY State Bar Op. 1243: Public Defender Related to a Judge
- NY State Bar Op. 1209: Former Judge and Firm Disqualification
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=130
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from appearing before a Court Commissioner who had formerly associated with the lawyer's office. The Committee did suggest that the Commissioner might want to make an inquiry to the Judicial Qualifications Commission regarding whether there is anything in the Code of Judicial Conduct which might guide the Commissioner.
Get today's answer for your situation
You just read a 1986 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.