Advisory Opinion 01-01

​Would a legislator/attorney have a conflict of interest as defined by the Act if appointed to serve as a judge pro tempore?

​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.

Reviewed and retained