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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. 

Our goal is to process each formal opinion within 90 days of the request, but the time varies depending on the complexity of the opinion and workload demands. Informal opinions are usually completed in 60 days or less.

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.

 


 

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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Sells Opinion Request 14-01-05

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 Feb. 28, 2014.

Opinion Docket No.  14-01-05: Request by the Honorable Mike Sells, State Representative, District 38
 
1. Does RCW 41.80 require, permit, or prohibit the state from bargaining regarding supplemental retirement benefits that exist independently of state retirements such as PERS or PSERS? In other words, is this a mandatory, permissive, or illegal subject of bargaining?
 
2. Does RCW 41.80 require, permit, or prohibit the state from bargaining regarding health and welfare plans for retirees? In other words, is this a mandatory, permissive, or illegal subject of bargaining?

Entire text of original request

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Overstreet Opinion Request 13-12-06

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 January 22, 2014.          
 
Opinion Docket No.  13-12-06:  Request by the Honorable Jason Overstreet, State Representative, District 42

  1.  Is an individual who has been convicted of aggravated assault, or other serious offenses, in a foreign country prohibited from possessing a firearm in Washington state, and therefore is prohibited from obtaining a concealed pistol license in Washington due to such convictions?
  2. Must the city issue a concealed pistol license to an applicant notwithstanding the applicant's criminal convictions of aggravated assault, or other serious offenses, in a foreign country?

Entire text of original request

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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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