Legislative Ethics Board Advisory Opinions
Topic
Legislator as Pro Tempore Judge - Conflict of Interest
Issue/Question
LEB Opinion Issue/Question
Would a
legislator/attorney have a conflict of interest as defined by the Act if
appointed to serve as a judge pro tempore?
Summary
LEB Opinion Summary
No. Two tests are employed in a
conflict of interest analysis: a "per se" test and a "functional" test. Both
tests are satisfied under these facts. Board noted the Supreme Court had
unanimously ruled on the same question from the judiciary's perspective; whether
a pro tempore judge may also serve as a legislator. RCW 42.52.020 and
42.52.120.
Document
LEB Advisory Opinion Document