Other LanguagesIn view of the enactment of a legislative redistricting plan by chapter 288, Laws of 1981, a certain legislative vacancy resulting from the resignation of an encumbent on May 1, 1981, is first to be filled by appointment, under Article II, § 15 (Amendment 52) of the state constitution, on the basis of the "old" district represented by the vacating encumbent; however, when a successor is elected at the November, 1981 state general election, the basis for that election will be the "new" district to which the vacating legislator was assigned under the redistricting act.
(1) The members of the board of directors of an irrigation district are "elected officials" within the meaning of § 24 of Initiative No. 276, requiring annual reports of the financial interests of elected officials. (2) Section 24 (1) (b) of Initiative No. 276 which requires the reports of a candidate or elected official to disclose certain financial interests does not include financial interests in tangible personal property but it is, instead, limited to such interests in intangible personalty. (3) Section 24 (1) (b) of Initiative No. 276 only requires the reporting of financial interests in excess of $5,000 in a bank or savings account or cash surrender value of any insurance policy, or in excess of $500 in other items of intangible personal property; it does not require the lumping together of separate items in any given class which themselves have a lesser value so as to require reporting if the aggregate value of all items in the class exceeds the applicable minimum reportable amount.
(1) The requirement of WAC 251-12-285 that employers pay the initial costs of transcribing the record for appeal under RCW 28B.16.130 is not enforceable in personnel actions arising under RCW 28B.16.120 in view of the Washington Supreme Court's decision in the analogous case of Zoutendyk v. Washington State Patrol, 95 Wn.2d 693, 628 P.2d 1308 (1981).
(1) Prosecuting attorney is not legally authorized to appoint a special deputy who is a nonresident of the county to assist him either before a grand jury or in trying a criminal case. (2) The attorney general is not legally authorized to appoint a special assistant attorney general to assist a prosecuting attorney in proceedings before a grand jury.
1. In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population. 2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district. The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population. Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3. The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district. This is a factual question. At present we are unaware of any facts tending to show this to be the case in San Juan County.
A person under a sentence suspended pursuant to RCW 9.92.060 may receive final discharge and restoration to civil rights only from the governor in his exercise of the pardoning power.
The Council for Postsecondary Education, in the exercise of its authority to suspend or modify the requirements of the Educational Services Registration Act of 1979 on the basis of hardship pursuant to RCW 28B.05.130, may not exempt an "educational institution" from otherwise required registration solely because of its sectarian religious ownership, management or curricula.
(1) Circumstances under which a state legislator will be guilty of receiving unlawful compensation under RCW 9A.68.030(1)(a) if, in his official capacity as an employee of either a private or other public agency (i.e., outside of his legislative employment), he gives advice or other assistance on legislation upon which he may later be required to testify or vote in the legislature. (2) Circumstances under which the private or other public employer of such a legislator will be guilty of granting unlawful compensation under RCW 9A.68.030(1)(b) for paying the legislator for advice or other assistance in preparing or promoting a bill upon which the legislator may later be required to testify or vote in the legislature.
(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.
The Washington State Criminal Justice Training Commission does not presently possess the legal authority to administer qualifying examinations to all persons seeking appointment or employment to positions in law enforcement within the various local communities of the state.