112420 WAEO, ETH 20-08

• Case Date: November 24, 2020
• Court: Washington

ETH 20-08 Opinion 20-08 Washington Ethics Opinion State of Washington Ethics Advisory Committee November 24, 2020          Questions:          1. May a judicial officer permit an administrative clerk in the police department, whose duties include processing accounts payable and receivable, creating purchase orders for the department, making travel arrangements, researching grant opportunities, processing incoming and outgoing mail, answering incoming calls, and maintaining office inventory and supplies, to also serve as court clerk for a municipal department of the district court that handles only civil infraction violations under city ordinances (e.g., nuisances, parking violations, zoning violations, business license violations) under repealed Ch. 3.46 RCW?          2. May a judicial officer permit a city clerk or treasurer whose duties may include being the chief financial officer for the city, custodian of all official city records, clerk to the city council, public records officer, utilities billings, and customer service (walkin's and phone) to also serve as court clerk for a municipal department of the district court that handles only civil infraction violations under city ordinances (e.g., nuisances, parking violations, zoning violations, business license violations) under repealed Ch. 3.46 RCW?          3. What additional duties outside of the municipal court function would be prohibited?          Answer:          The Committee has previously determined that judicial officers may not delegate the court's responsibilities, including the performance of ministerial duties, to another branch of government in EAO 06-04 (a judge may not permit a part-time municipal court clerk to also serve as the police department evidence clerk and animal control officer), and EAO 00-17 (a part-time municipal court judge may not delegate duties in ARLJ 5 to executive or legislative branches of the...