Does a deputy prosecuting attorney have a conflict of interest when the prosecutor's spouse is a county probation officer?

Plain-English summary

A deputy prosecuting attorney asked about possible conflicts of interest where the prosecutor's spouse is a county probation officer. The committee was of the opinion that RPC 1.7 is the applicable rule, and that to the extent there are conflicts, they are such that could be consented to by the client, the county, after disclosure of the relevant facts, presuming the prosecutor reasonably believed the relationship would not impact the representation of the county.

The committee added that there may be cases, based on particular facts, where the prosecutor might be disqualified from representing the county. It noted that its advice related solely to the prosecutor's role, and not to who may raise any conflict-of-interest issue or to any conflicts presented to the county probation officer.

Currency note

This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Is a prosecutor married to a probation officer automatically disqualified?

A: No. The committee said any conflict under RPC 1.7 could be consented to by the county after disclosure, presuming the prosecutor reasonably believed the marriage would not impact the representation.

Q: Could the prosecutor ever be disqualified?

A: The committee said there may be cases, based on particular facts, where the prosecutor might be disqualified from representing the county.

Q: Did the committee address the probation officer's side?

A: No. It said its advice related solely to the prosecutor's role, not to who may raise a conflict or to any conflicts presented to the county probation officer.

Background and rules framework

The opinion applied RPC 1.7 (corresponding to ABA Model Rule 1.7), the current-client conflict rule, with the county as the prosecutor's client. The committee treated a spousal relationship with a probation officer as a consentable conflict where the lawyer reasonably believes the representation will not be affected, while reserving fact-specific situations that could require disqualification.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (conflict of interest; current clients; consent); Washington RPC 1.7, 1.7(b)

See also

• WA Ethics Op. 1542: Prosecuting and Bringing Civil Forfeiture
• WA Ethics Op. 1550: Public Defender on Leave Accepting Referrals

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=636

Original opinion text

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

Advisory Opinion: 1555
Year Issued: 1993
RPC(s): RPC 1.7(b)
Subject: Conflict of interest; prosecutor married to probation officer

The Committee reviewed your inquiry concerning possible conflicts of interest when you are a deputy prosecuting attorney and your spouse is a county probation officer. First, the Committee is of the opinion that RPC 1.7 is the applicable rule, and that to the extent there are conflicts, they are such that could be consented to by your client, the county, after disclosure of the relevant facts, and presuming that you reasonably believed the relationship would not impact your representation of the county.

Second, the Committee is of the opinion that there may be cases based upon particular facts where you might be disqualified from representing the county. Finally, the Committee wanted to note that their advice is related solely to your role as prosecuting attorney and not as to who may raise any conflict of interest issues or to any conflicts presented to the county probation officer.