AGO Opinion Topics: ATTORNEY PROSECUTING

1. If the county commission appoints a person to fill a vacancy in the office of county prosecuting attorney within 60 days of the vacancy occuring, but the appointee declines to accept the position, the authority to fill the vacancy does not transfer to the governor 60 days after the initial vacancy arose.
2. If an individual appointed by a county commission to fill a vacancy in the office of county prosecuting attorney declines to accept the position, the county commission may request that the relevant political party provide a new list of three nominees.
3. The county commission lacks the authority to appoint a person who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney.
4. If the county commission appoints an individual who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney, that individual lacks the legal authority to act as prosecuting attorney.

Article XI, section 4 of the Washington Constitution does not prohibit a county from providing in its charter for the election of the prosecuting attorney as a nonpartisan office.