AGO Opinion Topics: CHARITABLE TRUSTS ATTORNEY GENERAL PROPER PARTY

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.