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AGO Opinions with Topic: PROSECUTING ATTORNEY
AGO 1971 No. 19 >  July 1, 1971
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - PARTICIPATION IN MENTAL ILLNESS HEARINGS
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- PARTICIPATION IN MENTAL ILLNESS HEARINGS A county prosecuting attorney has the legal obligation to appear and participate in mental illness hearings in support of an application for commitment of a person alleged to be a "mentally ill" person, based upon his endorsement of the application as provided for in RCW 71.02.090.
AGO 1971 No. 28 >  September 7, 1971
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - CITY COUNCILMAN - INCOMPATIBILITY OF OFFICES AND PROSECUTING ATTORNEY AND CITY COUNCILMAN
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- CITY COUNCILMAN ‑- INCOMPATIBILITY OF OFFICES AND PROSECUTING ATTORNEY AND CITY COUNCILMAN The prosecuting attorney of a fourth class county may simultaneously serve as a member of the city council of a third class city located in such county.
AGO 1972 No. 1 >  January 10, 1972
OFFICES AND OFFICERS - COUNTY - CORONER - PROSECUTING ATTORNEY - APPOINTMENT OF DEPUTY CORONERS IN CERTAIN COUNTIES
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- PROSECUTING ATTORNEY ‑- APPOINTMENT OF DEPUTY CORONERS IN CERTAIN COUNTIES (1) A prosecuting attorney of a fourth through ninth class county, in his separate capacity as county coroner under RCW 36.16.030, may appoint one or more deputy coroners with the consent of his board of county commissioners.(2) The compensation of any persons so appointed as deputy coroners is to be fixed by the board of county commissioners.(3) There is no legal requirement that a person appointed to serve as a deputy county coroner in a fourth class county be admitted to the practice of law in this state.
AGO 1982 No. 10 >  July 20, 1982
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - COMMISSIONERS - SALARIES - ELECTIONS
ESTABLISHMENT OF FULL-TIME PROSECUTOR'S OFFICE IN FIFTH THROUGH NINTH CLASS COUNTY The board of county commissioners of a fifth through ninth class county may not, simply by making a public announcement to that effect prior to the period for candidates' filings, cause the office of county prosecuting attorney to become a full-time office so as to prohibit the candidate then duly elected to that office from thereafter engaging in the private practice of law.
AGO 2003 No. 12 >  December 23, 2003
COUNTIES - PROSECUTING ATTORNEY - CAMPAIGN FINANCING - PUBLIC DISCLOSURE LAW - STATE OFFICERS
Applicability of state and local campaign finance limitations to prosecuting attorney and candidates for that office 1. The specific campaign finance limitations set forth in RCW 42.17 do not apply to the office of prosecuting attorney, although the related reporting and disclosure requirements do apply to that office.  2. A county prosecuting attorney is subject to campaign finance limitations adopted by a county and generally covering county officers and employees, except to the extent directly in conflict with a state statute.  3. The state ethics law, RCW 42.52, does not apply to the office of prosecuting attorney.
AGO 1978 No. 30 >  December 19, 1978
OFFICES AND OFFICERS - PROSECUTING ATTORNEY - COURTS - JUVENILES - DIVERSION OF JUVENILE OFFENDERS
OFFICES AND OFFICERS ‑- PROSECUTING ATTORNEY ‑- COURTS ‑- JUVENILES ‑- DIVERSION OF JUVENILE OFFENDERS Where an information charging criminal conduct by a juvenile offender has been properly filed by the prosecuting attorney as authorized under RCW 13.40.070, the superior court is not authorized then to declare the accused eligible to enter into a diversion agreement pursuant to RCW 13.40.080 rather than adjudicating his or her innocence or guilt.
AGO 1969 No. 7 >  March 4, 1969
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE COURTS - INCOMPATIBLE OFFICES
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE COURTS - INCOMPATIBLE OFFICES (1) The supreme court's adoption of the new juvenile court rules does constitute a "nondebatable" emergency so as to justify the expenditure of those county funds which are necessary to implement, and comply with, the rules, under authority of RCW 36.40.180. (2) The duties which are imposed upon a prosecuting attorney by the new juvenile court rules are such as to render his office and that of the county juvenile probation officer incompatible, to the end that the two positions may not simultaneously be held by the same person.
AGO 1997 No. 1 >  January 10, 1997
CRIMES - COURTS - SENTENCES - PROSECUTING ATTORNEY
Effect of completion of terms and conditions of deferred imposition of sentence or of suspension of execution of sentence upon defendant's criminal history record 1.   By virtue of RCW 3.66.067, a criminal defendant whose imposition of sentence has been deferred may, after meeting such terms as the court may have established, apply to withdraw his or her plea and seek dismissal of the charges, and the court may for good cause grant such application; however, where sentence is imposed but its execution is suspended pursuant to RCW 3.66.068, the law does not authorize withdrawal of a guilty plea or dismissal of charges.  2.   Whether a criminal sentence is deferred pursuant to RCW 3.66.067, or imposed and suspended pursuant to RCW 3.66.068, courts lack authority to delete or expunge the record of conviction based on a defendant's fulfillment of conditions attached to the deferred or suspended sentence; RCW 10.97 defines these records as "conviction records" and requires that the record of conviction in either type of case be maintained and available to law enforcement agencies and others as defined therein.
AGO 1951 No. 472 >  March 14, 1951
PROSECUTING ATTORNEY - DUTIES - REPRESENTATION OF SCHOOL DISTRICTS - REPRESENTATION OF TRUSTEE OF CHARITABLE TRUSTS CREATED FOR BENEFIT OF SCHOOL DISTRICTS - CHARITABLE TRUSTS, ATTORNEY GENERAL AS PROPER PARTY - VENUE OF ACTION TO ENFORCE
PROSECUTING ATTORNEY ‑- DUTIES ‑- REPRESENTATION OF SCHOOL DISTRICTS ‑- REPRESENTATION OF TRUSTEE OF CHARITABLE TRUSTS CREATED FOR BENEFIT OF SCHOOL DISTRICTS ‑- CHARITABLE TRUSTS, ATTORNEY GENERAL...

It is the duty of a County Prosecuting Attorney to represent a school district in litigation.  It is not the duty of a County Prosecuting Attorney to represent a member of a school board in his capacity as trustee under a charitable trust wherein the school district is the beneficiary.  It is the duty of the County Prosecuting Attorney to represent a school district seeking to enforce a charitable trust wherein it is the beneficiary.  In an action to enforce a charitable trust, the Attorney General of the state of Washington is a proper party.  In a proceeding to enforce a charitable trust created for the benefit of a school district, in which the Attorney General is made a party, the venue need not be laid in Thurston County.

 

AGO 1952 No. 168 >  November 14, 1952
PROSECUTING ATTORNEY - DUTIES RE WEED DISTRICTS
PROSECUTING ATTORNEY ‑- DUTIES RE WEED DISTRICTS It is not the duty of a prosecuting attorney to represent a weed district in litigation authorized by section 2778-6 Rem. Rev. Stat.
AGO 1950 No. 316 >  August 3, 1950
PROSECUTING ATTORNEY - CORONER IN FOURTH CLASS AND LOWER CLASS COUNTIES
PROSECUTING ATTORNEY ‑- CORONER IN FOURTH CLASS AND LOWER CLASS COUNTIES

The prosecuting attorney in a fourth class or lower classification county has no authority to appoint a deputy coroner.  In cases where such prosecuting attorney has a duly appointed, qualified, and acting deputy, the prosecuting attorney could properly delegate to such deputy the performance of any duty as to coroner cases which might otherwise devolve upon the prosecuting attorney.

AGLO 1980 No. 19 >  April 30, 1980
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE - SCHOOLS
RELEASE OF JUVENILE RECORDS TO SCHOOL DISTRICTS A prosecuting attorney who is in possession of records or other documentary evidence relating to an alleged offense by a juvenile to which chapter 13.50 RCW applies may not, on that basis, release those records or documents to an attorney representing the local school district, one of whose schools the juvenile in question is attending.
AGLO 1976 No. 30 >  April 23, 1976
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - CORONER
SERVICE BY PROSECUTOR AS CORONER IN FOURTH CLASS COUNTY (1) Notwithstanding § 1, chapter 86, Laws of 1973, Ex. Sess., the prosecuting attorney of a fourth class county is still required to serve as ex officio county coroner. (2) Such prosecuting attorney is authorized to appear and defend the county in an action involving alleged misconduct by the coroner or his deputies.
AGLO 1975 No. 65 >  July 29, 1975
OFFICES AND OFFICERS - PROSECUTING ATTORNEY - COUNTY COMMISSIONERS
EMPLOYMENT OF SPECIAL ATTORNEY Where a county, the county commissioners, and prosecuting attorney are sued in their official capacities and a special attorney is employed pursuant to RCW 36.32.200, the costs thus incurred constitute a county expense.
AGLO 1974 No. 15 >  February 1, 1974
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - COUNTY COMMISSIONERS - SUPERIOR COURT JUDGES
EMPLOYMENT OF ATTORNEY A board of county commissioners acting pursuant to RCW 36.32.200 may, with the approval of a majority of the county superior court judges, employ an attorney to advise the board on general matters of its concern; such employment contract, however, may not extend beyond the term of the board.
AGLO 1973 No. 86 >  August 1, 1973
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - REQUIREMENT OF SERVICES UNDER MARRIAGE DISSOLUTION ACT
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- REQUIREMENT OF SERVICES UNDER MARRIAGE DISSOLUTION ACT While a prosecuting attorney who is authorized to have a private law practice may serve, in his private capacity, as legal counsel to represent the interests of a minor or dependent child in marriage dissolution proceedings under chapter 157, Laws of 1973, Ex. Sess., he may not be required by the court as prosecuting attorney to serve in this capacity.
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