090920 WAEO, ETH 20-05

• Case Date: September 09, 2020
• Court: Washington

ETH 20-05 Opinion 20-05 Washington Ethics Opinions September 9, 2020          Question:          If a judicial officer (who possesses a concealed weapons license) wanted to carry a firearm into the courthouse, they may only do it with a "Special Commission" from the County Sheriff. This commission reads as follows:

This is to certify that, I County Sheriff name have this day appointed, Judge Name, my true and lawful Volunteer Commission: No arrest authority. Power is limited to carrying of firearms on the premises of the Named Courthouse campus. I, Judge Name solemnly swear or affirm that I will support the Constitution and laws of the United States and the laws of the State of Washington, and that I will faithfully and impartially perform and discharge the duties of Special Deputy Sheriff for County Name according to the law, to the best of my ability." Signed Judge Name with Notary Seal. Commission expires on ____________ .

         Is there an ethical issue with carrying a special commission if it is only for the purposes of lawfully carrying a firearm to and from work at the courthouse campus? Would that judge be able to hear cases involving the Sheriff's Office?          Answer:          State law prohibits a person from knowingly possessing or having under his or her control a weapon in a building used in connection with court proceedings. RCW 9.41.300(1)(b). This prohibition does not apply to "a person licensed pursuant to RCW 9.41.070 who, upon entering the place or facility, directly and promptly proceeds to the administrator of the facility or the administrator's designee and obtains written permission to possess the firearm while on the premises or checks his or her firearm." RCW 9.41.300(8). Law enforcement personnel are also exempt from this prohibition except under certain circumstances not applicable under the question presented. RCW 9.41.300(6)(b).          In the question presented, the County Sheriff provides written permission to carry a firearm while on the premises of the courthouse through a Special Commission. The Special Commission is issued by the County Sheriff. While a Special Commission...