Advisory Opinion 01-01
Date
11/01/2001
Number
01-01
Requester
Confidential
Topic
Legislator as Pro Tempore Judge - Conflict of Interest
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
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.