Originally Posted by
Maelynn
That's not the only circumstance in which a creature can be surprised. If you're in a peaceful situation with non-hostiles, then one of them drawing a blade and attacking while the others are in conversation can also count as a surprise attack.
What you could also do, is have the level of the Rogue be equal to that of the players. Don't make it a combat opportunity by giving the Rogue a guaranteed means of escape (either extra movement, or jumping onto a riding cart, or whatever). Instead, make his attack a poisonous one - one that isn't easily healed. Then you also have a nice plot hook where the party has to find a way to cure their party member.