Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1980 NO. 16 >

The new superior court judgeships created by chapter 202, Laws of 1979, 1st Ex. Sess. in Pierce, Kitsap and Cowlitz Counties, which are to take effect on January 1, 1981, are not to be filled initially by gubernatorial appointment but, instead, are constitutionally required to be filled by the election process both (a) for the short term from January 1 through 12, 1981 and (b) for the regular four-year term commencing on January 12, 1981.

AGO 1978 NO. 17 >

Except under certain special circumstances whereby the normal relationship between a board of county commissioners and a county housing authority is modified, as further indicated herein, the sale of real property by a county commissioner to a county housing authority within the same county does not violate any statutory provision concerning conflicts of interest.

AGLO 1978 NO. 17 >

An individual who was serving as a member of the state House of Representatives at the time chapter 157, Laws of 1977, 1st Ex.Sess. was enacted may lawfully be elected, in November of 1978, to fill the then existing remainder of an unexpired term in the office of public utility district commissioner.

AGO 1961 NO. 17 >

A statute providing that whenever any person presently receiving a retirement allowance from the state employees' retirement system shall die leaving a surviving spouse, a monthly payment shall be made to the surviving spouse in an amount equal to one‑half the retirement allowance received by the retired person during his life, would be unconstitutional.

AGO 1981 NO. 17 >

The legislature may not constitutionally cancel, or rescind, prospective salary increases for its own members which are payable during the remainder of their current terms of office and which were provided for by a law that had already been enacted and taken effect before those current terms began.

AGLO 1977 NO. 17 >

The state department of employment security is not required first to obtain an inrem court judgment before a warrant issued by the department against a building contractor for unemployment compensation taxes and contributions may be executed against the contractor's security deposit under RCW 18.27.040.

AGLO 1977 NO. 18 >

Discussion of the circumstances under which the department of social and health services is either required or authorized to provide next friend and preplacement reports in connection with proceedings for adoption of child; authority of the department to charge a fee for such services.

AGLO 1974 NO. 18 >

The representative of a county who is to be appointed to the thermal power plant site evaluation council under RCW 80.50.030(4) whenever an application for a proposed thermal power plant site within the county is filed with the council is required to be a member of the legislative authority of the county.

AGO 1972 NO. 18 >

(1) The Washington state liquor control board probably does not possess the requisite authority, under existing statutes, to adopt and enforce a regulation disqualifying from class H licensure those private clubs which are governed by a written constitution, bylaw or house rule excluding persons from membership or use of the club's facilities because of race, creed, color or national origin. (2) The legislature may constitutionally grant to the liquor control board the requisite statutory authority to adopt such a regulation.

AGLO 1976 NO. 18 >

To the extent that the planning functions of the council for postsecondary education are funded under § 1202 of the federal higher education act amendments of 1972 (Public Law 92-318), all members of the council are entitled to vote in accordance with RCW 28B.80.200.