What Is Washington RPC 3.5?
Washington RPC 3.5 governs attorney conduct related to maintaining the impartiality and decorum of the tribunal. This rule is part of the Washington Rules of Professional Conduct and applies to all attorneys practicing before courts and other tribunals in Washington State.
The rule exists to protect the integrity of the judicial system. Courts must remain fair, unbiased, and orderly. Lawyers play a central role in preserving that environment. When attorneys attempt to improperly influence judges, jurors, or court personnel—or disrupt proceedings—the fairness of the legal process is jeopardized.
Key Provisions of Washington RPC 3.5
Improper Influence Under Washington RPC 3.5
Under Washington RPC 3.5, a lawyer may not seek to influence a judge, juror, prospective juror, or other tribunal official by means prohibited by law. This includes:
- Ex parte communications (communications with a judge without the other party present) unless authorized by law or court order
- Attempts to pressure or improperly persuade jurors
- Any conduct that undermines a judge’s neutrality
Ex parte communication rules are especially important. With limited exceptions (such as emergency motions allowed by rule), attorneys must ensure all communications with the court include notice to opposing counsel.
Communication With Jurors
Washington RPC 3.5 also regulates how attorneys may interact with jurors and prospective jurors. Lawyers may not:
- Communicate with jurors during the proceeding
- Communicate after discharge if the juror has made clear they do not wish to speak
- Engage in conduct involving misrepresentation, coercion, or harassment
These restrictions protect jurors from pressure and ensure verdicts are based solely on evidence presented in court.
Maintaining Courtroom Decorum
Another core component of Washington RPC 3.5 is the requirement that attorneys must not engage in conduct intended to disrupt a tribunal.
Disruptive behavior can include:
- Disrespectful or abusive language toward the judge or opposing counsel
- Repeatedly ignoring court rulings
- Conduct designed to delay or obstruct proceedings
Attorneys are expected to advocate zealously—but professionally. Even in high-conflict litigation, courtroom decorum must be preserved.
Why Washington RPC 3.5 Matters in Criminal and Civil Cases
In both criminal defense and civil litigation, fairness of the tribunal is foundational. A defendant’s constitutional right to due process depends on an impartial judge and, when applicable, an unbiased jury.
If a lawyer attempts to interfere with juror independence or improperly influence the court, the consequences may include:
- Mistrial
- Reversal on appeal
- Sanctions
- Professional discipline by the Washington State Bar Association
The rule ensures that legal disputes are resolved based on admissible evidence and lawful argument—not manipulation or intimidation.
Ethical Advocacy vs. Improper Conduct
It is important to distinguish between strong advocacy and ethical violations. Attorneys are required to represent clients zealously within the bounds of the law. That includes:
- Filing appropriate motions
- Challenging evidence
- Arguing credibility issues
- Preserving objections for appeal
However, crossing the line into harassment, coercion, or secret communications with decision-makers violates Washington RPC 3.5.
The integrity of the judicial system depends on attorneys understanding and respecting that boundary.
Consequences of Violating Washington RPC 3.5
Violations of Washington RPC 3.5 can result in serious consequences:
- Court-imposed sanctions
- Contempt findings
- Disqualification from a case
- Formal disciplinary action
In extreme cases, misconduct affecting jurors or judges may also trigger criminal implications.
For clients, unethical conduct by an attorney can jeopardize a case. For lawyers, it can threaten their license and reputation.
Practical Takeaway
Washington RPC 3.5 reinforces a simple but critical principle: legal disputes must be decided fairly, without improper influence or disruption.
The rule protects the rights of litigants, the independence of judges, and the integrity of juries. Whether you are involved in a criminal matter or civil litigation, understanding the importance of impartial tribunals helps safeguard your rights.
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We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions.
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Additional Resources
- Washington RPC 3.3 – Candor Toward the Tribunal
Learn how Washington RPC 3.3 requires attorneys to be truthful with the court and prohibits misleading statements or concealment of controlling authority.
https://blanfordlaw.com/washington-rpc-3-3-candor-tribunal/ - Washington Bail Bond Agent Licensing
Understand the licensing requirements and regulatory framework for bail bond agents operating in Washington State.
https://blanfordlaw.com/washington-bail-bond-agent-licensing/ - State v. Smith – Washington Supreme Court Juror Bias Ruling
A summary of the Washington Supreme Court’s decision addressing juror bias and its impact on fair trial rights.
https://blanfordlaw.com/state-v-smith-washington-supreme-court-juror-bias-ruling/ - Reyna – Juror Public Trial Violation
Explore how juror-related courtroom procedures can implicate the constitutional right to a public trial under Washington law.
https://blanfordlaw.com/reyna-juror-public-trial-violation/ - Washington RPC 3.2 – Expediting Litigation
Review how Washington RPC 3.2 requires attorneys to make reasonable efforts to expedite litigation consistent with client interests.
https://blanfordlaw.com/washington-rpc-3-2-expediting-litigation/