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Pending Attorney General's Office Formal Opinion Requests

The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys.  When the Attorney General's Office receives a request for a formal opinion, a summary of that opinion request will be published here and distributed via GovDelivery. 

If you are interested in commenting on any of these requests, you should notify the Attorney General’s Office of your interest by the date listed below each request.  This is not the due date by which comments must be received.  However, if you do not notify the Attorney General’s Office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. 

 You may notify the Attorney General’s Office of your intention to comment by:

  • Writing to the Office of the Attorney General, Solicitor General Division, Attention: Jeff Even, Deputy Solicitor General, P.O. Box 40100, Olympia, Washington 98504-0100;  or
  • E-mailing jeff.even@atg.wa.gov.

When you notify the office of your intention to comment, you may be provided with:

  • A copy of the opinion request in which you are interested;
  • Information about the Attorney General’s Opinion process;
  • Information on how to submit your comments; and 
  • A due date by which your comments must be received to ensure that they are fully considered.

 


 

Sant Opinion Request 14-06-06

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by August 13, 2014. 

Opinion Docket No. 14-06-06:  Request by Shawn Sant, Franklin County Prosecuting Attorney  

Can the legislative authority of one county meet outside its borders, within another county's borders, to discuss joint bi-county projects?

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Bigelow Opinion Request 14-06-03

The Attorney General’s Office seeks public input on the following opinion request.  If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by July 9, 2014. 

Opinion Docket No. 14-06-03:  Request by Daniel Bigelow, Wahkiakum County Prosecuting Attorney

  1. Is the Washington State Salary Commission's policy of allowing counties to set the percentage of full-time served by their district court judges constitutional in light of the state constitution, art. XXVIII, sec. 1, amend. 78, and is that policy consistent with RCW 3.58.020.
  2. What entity has the authority to set the percentage of full-time to be worked by particular part-time district court judges?

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Goldmark Opinion Request 14-05-02

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by June 25, 2014.

Opinion Docket No. 14-05-02:  Request by Peter Goldmark, Comm'r of Public Lands 

1.  Does the Washington State Forest Practices Board have the authority to adopt a moratorium on the acceptance or approval of Forest Practices Applications that pose a threat to public safety due to potential slope instability?
  
2.  If the Board cannot adopt a moratorium, can it accomplish a similar result by adopting an emergency rule, and if so, what procedural steps must the Board follow to adopt on emergency rule concerning unstable slopes?

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Short Opinion Request 14-05-01  

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by May 28, 2014.

Opinion Docket No. 14-05-01: Request by the Honorable Shelly Short, State Representative, District 7  

1. If a surplus exists in a utility fund on a yearly basis after all required obligations are paid according to RCW 35.23.535, is a city required to reduce rates for that utility, or may a city transfer excess monies to the current expense fund on a routine basis?

2. What is the purpose of the four percent allowed by RCW. 35.23.535?

3. What authority determines if a city's utility rates are "reasonable" under the applicable law?

Entire text of original request

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Billig Opinion Request 14-02-01

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by March 12, 2014.

Opinion Docket No. 14-02-01: Request by the Honorable Andy Billig, State Senator, District 3

1. As a matter of law is it necessary to obtain the consent of the law enforcement officer/s who are a party to the intercepted conversation or is the consent of the officer considered obtained by virtue of the officers employment?

2. If a party objects to the interception and recording would it be necessary for the law enforcement officer/s to cease intercepting and recoding? If the officer continued to intercept and record once an objection was made by one of the parties to a private communication would that action therefore subject the officer/s and the agency to criminal and civil liability?

3. Are intercepted conversations and video actions which take place inside a private residence between law enforcement officers and private citizens private or public? What case law establishes what constitutes a private conversation?

4. What legal standards or rules of evidence are in place which would establish the requirements for preservation of intercepted private conversations/video evidence making such evidence available in its original format for a citizen seeking damages under RCW 9.73.030?

5. Does RCW 9.73.080 limit the interception of conversations via a body worn camera by law enforcement officers to only those interactions with citizens where the conversation is "operated simultaneously" with video cameras "mounted in law enforcement vehicles" ? An example would be when an officer leaves a vehicle and enters a residence.

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 Meyer Opinion Request 13-11-04

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by Dec. 26, 2013. 

Opinion Docket No.  13-11-04:  Request by the Honorable Jonathan Meyer, Lewis County Prosecutor

Whether a County may enter into an interlocal cooperation agreement with a City that would, in limited circumstances, permit the County to terminate County water utility service to customers that have failed to timely pay their City sewer utility bills where the city has no other reasonable enforcement mechanism to enforce such payments.

Entire text of original request

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