Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 5 >

Where monies totalling $2,000 or more have been placed in trust with a superior court clerk in connection with a particular matter in litigation, and a litigant in the matter has filed a written request that investment be made of such funds and the income be paid to the beneficiary, all income from such investment is to be paid to the beneficiary with the exception of five percent thereof which the statute allows the clerk to deduct as an investment service fee.

AGO 1961 NO. 5 >

A county sheriff is prohibited by RCW 42.22.040 (2) from receiving a reward from the United States Post Office Department for the performance of services instrumental to the solution of a crime relating to the postal service, unless the matter for which the reward is offered is in no way connected with or related to his services as county sheriff.

AGLO 1979 NO. 5 >

The provisions of chapter 41.14 RCW constitute the exclusive means of removing, suspending, demoting or otherwise taking action adverse to the employment status of a deputy sheriff whose employment is covered by that law, any provisions contained in a collective bargaining agreement to the contrary not withstanding.

AGO 1974 NO. 6 >

(1) The substantive provisions of §§ 1 through 7 of chapter 40, Laws of 1973, 2nd Ex. Sess., redefining the standards to be applied in determining the eligibility of certain property for an exemption from property taxation, apply to assessments made in 1973 for taxes due and payable in 1974. (2) The procedural requirements of §§ 9 through 19 of chapter 40, Laws of 1973, 2nd Ex. Sess., under which the function of determining the eligibility of property for a tax exemption is, henceforth, to be performed by the state department of revenue instead of the various county assessors and boards of equalization, do not apply in the case of assessments made in 1973 for taxes due and payable in 1974. (3) The remedies available under existing law for taxpayers who, during 1974, received tax statements covering properties which qualify for an exemption under §§ 1 through 7, chapter 40, Laws of 1973, 2nd Ex. Sess., include a request for cancellation of the assessment as provided for in RCW 84.56.400, a suit for a refund pursuant to chapter 84.68 RCW, or an injunction under RCW 84.68.010 (2). (4) The provisions of § 21, chapter 40, Laws of 1973, 2nd Ex. Sess., making a general fund appropriation to the department of revenue to administer the provisions of this new property tax exemption law, do not authorize that department to reimburse the counties for their costs incurred in determining property tax exemptions during the 1973 assessment year.

AGO 1975 NO. 6 >

(1) The conveyance by a national bank of certain of its banking premises constitutes a "sale" within the meaning of RCW 28A.45.010 under the following circumstances:  (a) the purpose for the conveyance is compliance with a directive from the Comptroller of the Currency pursuant to 12 U.S.C.371d; (b) simultaneously with the conveyance the new owner of the property leases it back to the bank under a lease agreement which allows the bank to repurchase the premises at any time during the term of the lease; and (c) the bank is required, under the same lease agreement, to repurchase the premises in any event upon expiration of the term of the lease.  (2) Under these same circumstances, the agreement for a lease‑back with option to purchase is also a "sale" within the meaning of RCW 28A.45.010.

AGO 1977 NO. 6 >

(1) A county may establish a public defender's office without forming a public defender district pursuant to chapter 36.26 RCW.  (2) If a public defender district is formed pursuant to chapter 36.26 RCW, the public defender and other lawyers appointed thereunder will be county employees and not independent contractors.  (3) Because chapter 36.26 RCW contains no provision for the removal of a public defender appointed thereunder during his term of office, it is unclear whether he can be so removed; accordingly, clarifying legislation is recommended.  (4) A public defender district created pursuant to chapter 36.26 RCW may be terminated at any time by the process of repealing the county ordinances or resolutions by which the district was created.

AGO 1969 NO. 7 >

(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.

AGLO 1975 NO. 7 >

Under certain described factual circumstances the correct salaries currently to be paid to the various county elective officials in Grays Harbor county, except for the county commissioners themselves, are those which were provided for in the 1975 county budget adopted on December 6, 1974.

AGO 1965 NO. 7 >

In a county in which federal forest funds or public utility district funds are disbursed to the school districts of the county, the offices of county commissioner and school district director are incompatible.

AGLO 1975 NO. 8 >

(1) A vacancy in the office of county sheriff created by a resignation does not constitute an "incapacity" within the meaning of RCW 36.24.010 so as to require the county coroner to perform the duties of the sheriff until the vacancy is filled by the county commissioners. (2) If, upon the occurrence of a vacancy in the office of county sheriff, the superior court of the county were to appoint an acting sheriff under the provisions of RCW 36.28.090, its action would be entitled to a presumption of validity and even if ultimately established to be invalid, it would nevertheless establish the appointee as the defacto county sheriff.