Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

RCW 2.64.030 provides that the appointing authority may appoint alternate members to the Commission on Judicial Conduct to serve during a member's temporary disability, disqualification or inability to serve.  This statute provides for the appointment of one alternate for each Commission member, which alternate is paired with that member.  The appointing authority cannot appoint a pool of alternate members who could serve in some rotation fashion.

AGO 1999 NO. 4 > May 12 1999

1. The Commission on Judicial Conduct lacks authority to divide its members into separate investigatory and adjudicative panels.   2. It is not a “temporary disability, disqualification, or inability to serve” for a member of the Commission on Judicial Conduct to have participated in the investigative phase of a complaint or case; this fact would not justify empaneling the member's alternative to serve in his/her place during the adjudicative phase of the same proceeding.   3. The Commission on Judicial Conduct may not use its alternative members to serve as “permanent” members as part of a scheme to divide the Commission into investigatory and adjudicative panels; the constitution evidences an intent that the same body exercise both functions.

AGO 1988 NO. 23 > Oct 20 1988

1.The Commission on Judicial Conduct is not required to make public informal admonishments of judges, unless such informal admonishments arise out of a hearing or proceeding required by law to be public.2.When a judge waives confidentiality as to an investigation by the Commission on Judicial Conduct, the law requires the fact that there is an investigation to be made public; however, the Commission retains authority to determine whether other aspects of the investigation will be kept confidential.

AGO 1991 NO. 32 > Nov 8 1991

RCW 2.64.030 provides that the appointing authority may appoint alternate members to the Commission on Judicial Conduct to serve during a member's temporary disability, disqualification or inability to serve.  This statute provides for the appointment of one alternate for each Commission member, which alternate is paired with that member.  The appointing authority cannot appoint a pool of alternate members who could serve in some rotation fashion.