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State of Washington

Previous Code of Judicial Conduct - Terminology


"Appropriate authority"denotes the authority with responsibility for initiation of disciplinary process with respect to the violation to be reported. See Sections 3(C)(1) and 3(C)(2).

"Candidate" is a person seeking election to judicial office. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election authority, or authorizes solicitation or acceptance of contributions or support. See Preamble and Sections 7(A) and 7(B).

"Court personnel"does not include the lawyers in a proceeding before a judge. See Sections 3(A)(7)(c) and 3(A)(9).

"De minimis" denotes an insignificant interest that could not raise reasonable question as to a judge's impartiality. See Section 3(E).

"Economic interest"denotes ownership of a more than de minimis legal or equitable interest, or a relationship as officer, director, advisor or other active participant in the affairs of a party, except that:

  1. ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest;
  2. service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, fraternal or civic organization, or service by a judge's spouse, parent or child as an officer, director, advisor or other active participant in any organization does not create an economic interest in securities held by that organization;
  3. a deposit in a financial institution, the proprietary interest of a policy holder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization unless a proceeding pending or impending before the judge could substantially affect the value of the interest;
  4. ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. See Sections 3(D)(1)(d) and 3(D)(2).

"Fiduciary" includes such relationships as executor, administrator, trustee and guardian. See Sections 3(D)(2) and 5(D).

"Knowingly," "knowledge,""known"or "knows"denotes actual knowledge of the fact in question. See Sections 3(C) and 3(D)(1).

"Member of the candidate's family"denotes a spouse, child, grandchild, parent, grandparent or other relative or person with whom the candidate maintains a close familial relationship. See Sections 7(B)(1)(a) and 7(B)(2).

"Member of the judge's family"denotes a spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. See Sections 5(D) and 5(F).

"Member of the judge's family residing in the judge's household"denotes any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household. See Sections 3(D)(1) and 5(C)(5).

"Part-time judges."Part-time judges are judges who serve on a continuing or periodic basis, but are permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than a full-time judge. See Application Section (A)(1).

"Political organization."Political organization denotes a political party or other group, the principal purpose of which is to further the election or appointment of candidates to political office or to support or oppose a ballot measure except those concerning the law, the legal system, and the administration of justice. See Sections 7(A)(1) and 7(A)(2).

"Pro tempore judges."Pro tempore judges are persons who are appointed to act temporarily as judges. See Application Section (A)(2).

"Require." The rules prescribing that a judge "require"certain conduct of others are, like all of the rules in this Code, rules of reason. The use of the term "require"in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. See Sections 3(A)(3), 3(A)(5), 3(A)(6), 3(A)(9) and 3(B)(2).


*Commission actions and decisions after January 1, 2011 will reference the current Code of Judicial Conduct.