Formal Opinion 160.
(1975)
Practice by a Part-Time District Court Judge or Commissioner

Inquiry has been made whether a part-time district court judge or commissioner may practice in the court on which he or she serves.

In its Code of Judicial Conduct, the American Bar Association has taken the position that a part-time judge (and a commissioner is a judge for purposes of the Code) "should not practice law in the court on which he serves or in any court subject to the appellate jurisdiction of the court on which he serves, or act as a lawyer in a proceeding in which he has served as judge or in any other proceeding related thereto." Compliance with the Code of Judicial Conduct, Section A (2). The Washington State Supreme Court has taken a less restrictive view. In adopting a slightly amended version of the ABA Code, it provided only that a part-time judge "should not act as a lawyer in a proceeding in which he has served as a judge or in any other proceeding related thereto." Preamble, Section 1 (A) (2), 83 Wn. 2d 1101 (1973).

Accordingly, a part-time district court judge or commissioner in the State of Washington may practice in the court on which he or she serves, except in those proceedings in which he or she has participated as judge or commissioner or in related proceedings. Such practice is, it should be observed, not without its difficulties. In particular, there is the possibility that a judge or commissioner may, in practice, appear to seek or to receive special deference from colleagues on the bench. Every effort should be made to avoid such an appearance.

[See RPC 1.11]