Washington State Ethics Opinions

• Attorneys
• Judges
• Legislators
• Public Employees
• Seattle

Attorneys

Washington State Bar Association (WSBA), Professional Conduct Committee. Authorized under General Rule 12, Washington State Bar Association: Purposes, http://www.courts.wa.gov/rules/display.cfm?group=ga&set=GR&ruleid=gagr12

Rules

• Rules of Professional Conduct (RPC), http://www.courts.wa.gov/rules/list.cfm?group=ga&set=RPC.
• Rules for Enforcement of Lawyer Conduct (replacing the Rules for Lawyer Discipline (RLD), effective Oct. 1, 2002, http://www.courts.wa.gov/rules/list.cfm?group=ga&set=ELC.
• Westlaw: WA-RULES
• LexisNexis: WA - Washington Court Rules
• Washington Court Rules: State, annual. KFW529.A198 at Reference Area & Reference Office. Includes RPC and RLD.
• Washington Court Rules Annotated, annual. KFW529.A196 at Reference Area. Includes text of and annotations to RPC and RLD.
• Washington Rules of Court Annotated, annual. KFW529.A196 at Reference Area. Includes text of and annotations to RPC and RLD.
• Orland & Tegland, Rules Practice, 5th ed. (Washington Practice vols. 2. 3, 4A, 4B) KFW80.W3 at Reference Area. Includes RPC and RLD  with citations to court decisions and WSBA formal and informal ethics opinions. Available on Westlaw: WAPRAC-RP.
• Rules of the WSBA Professional Conduct Committee, http://www.wsba.org/lawyers/groups/rpc/default1.htm. 

Opinions

For a collection of links and information about the WSBA's ethics and professional responsibility program, see http://www.wsba.org/lawyers/ethics/default.htm. See also About WSBA Ethics Opinions, http://www.wsba.org/lawyers/ethics/about.htm. 

• Formal ethics opinions
  • Issued by RPC Committee and approved by the Board of Governors. Address matters of wide concern and interest.
  • First published in Washington State Bar News, monthly. KF332.W3W354; current issues at Reference Area; older volumes at Classified Stacks. http://www.wsba.org/media/publications/barnews/default.htm 
  • Compiled in Resources, annual. KFW76.5.A2A134 at Reference Area & Reference Office. Includes a subject index, status table, and diagram of the discipline process.
  • Online sources
    • Search WSBA Ethics Opinions, http://pro.wsba.org/io/search.asp. Includes formal and informal opinions. 
    • WSBA, Formal Ethics Opinions, http://www.wsba.org/lawyers/ethics/formalopinions/.
    • LexisNexis: WA Executive Ethics Board Opinions and State Bar Association Formal Opinions. Covers from 1950.
    • LexisNexis: National Reporter on Legal Ethics & Prof. Responsibility - WA Opinions Covers from 1996.
• Informal ethics opinions
  • Issued by RPC Committee but not approved by the Board of Governors. Address "less sweeping topics . . . but broad enough in scope to warrant publication as a means of general education and information."
  • Selected opinions are published in the Washington State Bar News and Resources.
  • Online sources include:
    • Search WSBA Ethics Opinions, http://pro.wsba.org/io/search.asp. Includes formal and informal opinions. 
    • WSBA, Published Informal Opinions, http://www.wsba.org/lawyers/ethics/informalopinions/default1.htm
    • WSBA, Unpublished Informal Ethics Opinions, http://www.wsba.org/lawyers/services/unpublishedinformalethicsopinions.htm.
• Disciplinary and nondisciplinary notices
  • Published in the Washington State Bar News, under the heading: Departments: Disciplinary Notices.
  • WSBA Discipline Notice Search, http://pro.wsba.org/PublicDisciplineSearch.asp. A searchable database; covers from 1997.
• WSBA Business Law Section, Conflicts of Interest in Business Law Deskbook, http://www.wsba.org/lawyers/groups/businesslaw/businesslawpublicationconflict.htm.

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Judges

Rules

• Code of Judicial Conduct (CJC)
  • Washington Courts, http://www.courts.wa.gov/rules/list.cfm?group=ga&set=CJC .
  • Commission on Judicial Conduct, http://www.cjc.state.wa.us/Gov_provision/code.htm.
• Discipline Rules for Judges (DRJ)
  • http://www.courts.wa.gov/rules/list.cfm?group=ga&set=DRJ.
• Washington Court Rules: State, annual. KFW529.A198 at Reference Area and Reference Office. Includes CJC and DRJ.
• Washington Court Rules Annotated, annual. KFW529.A196 at Reference Area. Includes text of and annotations to CJC and DRJ.
• Washington Rules of Court Annotated, annual. KFW529.A196 at Reference Area. Includes text of and annotations to CJC and DRJ.

Washington Ethics Advisory Committee

• Established by General Rule 10, http://www.courts.wa.gov/rules/display.cfm?group=ga&set=GR&ruleid=gagr10. Seven members appointed by the Chief Justice.
• Answers questions from judges regarding application of the CJC.
• Opinions
  • Judicial Ethics Opinions, http://www.courts.wa.gov/programs_orgs/pos_ethics/. Covers from 1984; searchable. 
  • Washington State Judges' Ethics Advisory Opinions, 1988-date. KFW525.5.D5W37 at Reference Area. Covers from 1984.

Commission on Judicial Conduct (formerly the Judicial Qualifications Committee)

• Established by Washington Constitution Article VI, section 31, and RCW 2.64.
• Authorized to impose admonishments, reprimands, and censure or recommend suspension or removal of a judge to the Supreme Court.
• Rules
  • Procedural rules at Washington Administrative Code Chapter 292-09; public record rules at Chapter 292-10; substantive rules at Chapter 292-11.
  • Ethics in Public Service, WAC 292-09, http://www.cjc.state.wa.us/Gov_provision/ethics.htm.
  • Rules of Procedure (CJCRP), http://www.cjc.state.wa.us/Gov_provision/cjcrp.htm.
• Opinions
  • Judicial Discipline Database, http://www.cjc.state.wa.us/search/search_disclaimer.htm. Covers formal complaints, disciplinary actions, and Supreme Court opinions from Dec. 1980.
  • Public Actions, http://www.cjc.state.wa.us/CJC_Activity/public_actions.htm. Covers decisions and statements of charges, from 1982.
  • LexisNexis: WASH;WAJETH. Covers from 1995.
  • Westlaw: WAETH-DISP. Covers from Oct. 1982.

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Legislators

Legislative Ethics Board

• Established by statute, Revised Code of Washington 42.52.310.
• Investigates and holds hearings on complaints regarding legislator’s violations of the State Ethics Act, RCW 42.52.
• Issues decisions on complaints and advisory opinions.
• May impose reprimands, penalties, damages, and costs.

Rules

• http://wsl.leg.wa.gov/common/ethics/ethicrule.htm.
• Legislative Ethics Manual. KFW421.5.L4L4 at Reference Area.

Opinions

• http://search.leg.wa.gov/basic/textsearch/default.asp. Covers from 1995. Searchable by keyword.
• http://wsl.leg.wa.gov/common/ethics/ethop.htm. Covers from 1995. Arranged by type (advisory opinion or complaint) and year.
• Ethics Reference Material. Olympia: Washington State Legislative Ethics Board, 1995-date. KFW421.5.L4 A5 1996 at Reference Area. Contains advisory opinions and decisions on complaints.

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Executive Ethics Board

• Established by statute, Revised Code of Washington 42.52.350.

• Enforces State Ethics Act. Covers statewide elected officials and officers and employees of the executive branch, boards, commissions, and public colleges and universities.

• Issues advisory opinions.

• May impose reprimands and penalties.

Rules

• Procedural rules at Washington Administrative Code Chapter 292-100; substantive rules at Chapter 292-110; penalty rules at Chapter 292-120; public records rules at Chapter 292-130.

Opinions

• Advisory Opinions, http://ethics.wa.gov/index_adv_opinions.html. Covers from 1996. Includes an index by statutory citation.
• LexisNexis: WA Executive Ethics Board Opinions and State Bar Association Formal Opinions. Covers from Feb. 1996.

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Seattle

Seattle Ethics & Elections Commission

• Administers, interprets, and enforces the Seattle Code of Ethics, Chapter 4.16, Seattle Municipal Code, http://clerk.ci.seattle.wa.us/~public/code1.htm.
• Conducts investigations; issues advisory opinions that deal with specific issues and provide guidance.
• Enabling ordinance: Chapter 3.70, Seattle Municipal Code.

Advisory opinions

• Ethics Code Advisory Opinions, http://www2.ci.seattle.wa.us/ethics/etpub/aop.asp. Includes indexes.
• Westlaw: SEA-ETH. Covers from 1992.

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