WSBA 1991

Can a U.S. Department of Justice trial attorney also serve as a judge pro tem in municipal court?

Short answer: The committee concluded that neither the Rules of Professional Conduct nor the Code of Judicial Conduct prohibited a U.S. Department of Justice trial attorney from serving as a judge pro tem in municipal court, and that any conflict would have to be examined on a case-by-case basis.

Apply this to your situation

This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer asked whether a trial attorney for the U.S. Department of Justice could properly serve as a judge pro tem in municipal court. The committee was of the opinion that neither the Rules of Professional Conduct nor the Code of Judicial Conduct would prohibit holding both positions.

The committee did not treat the dual role as creating a conflict in the abstract. It said that if any conflict arose, it would have to be examined on a case-by-case basis in the situation in which the conflict arose.

Currency note

This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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: Can a federal government lawyer serve as a part-time municipal judge pro tem?

A: The committee was of the opinion that neither the Rules of Professional Conduct nor the Code of Judicial Conduct would prohibit a U.S. Department of Justice trial attorney from being so employed.

Q: Does holding both roles automatically create a conflict of interest?

A: No. The committee said that if any conflict arose, it would have to be examined on a case-by-case basis in the situation in which the conflict arose.

Background and rules framework

The opinion considered conflicts of interest under RPC 1.7, Washington's concurrent-conflict rule (ABA Model Rule 1.7), together with the Code of Judicial Conduct that governs a person serving as a judge pro tem. The committee found no categorical bar in either body of rules and located any conflict analysis in the specific case as it arose.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.7 (concurrent conflicts of interest)
Washington RPC 1.7

Other authority:

Washington Code of Judicial Conduct (governing service as a judge pro tem)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=509

Original opinion text

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

Advisory Opinion: 1429
Year Issued: 1991
RPC(s): RPC 1.7
Subject: Trial attorney for federal government serving as judge pro tem; conflict of interest

The Committee reviewed your inquiry concerning the propriety of a trial attorney for the U.S. Department of Justice serving as a judge pro tem in municipal court. The Committee was of the opinion that neither the Rules of Professional Conduct nor the Code of Judicial Conduct would prohibit being so employed. If there were any conflict, it would have to be examined on a case by case basis in which any conflict arose.

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