Type Advisory Opinion 
Date 11/1/2001 
Number 01-01 
Topic Legislator as pro tempore judge - conflict of interest 
Would a legislator/attorney have a conflict of interest as defined by the Act if appointed to serve as a judge pro tempore?
No.  Two tests are employed in a conflict of interest analysis; a "per se" test and a "functional" test.  Both tests are satisfied under these facts.  Board noted the State Supreme Court had unanimously ruled on the same question from the judiciaries perspective; whether a pro tempore judge may also serve as a legislator. RCW 42.52.020 and 42.52.120.
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