Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1976 NO. 30 >

(1) Notwithstanding § 1, chapter 86, Laws of 1973, Ex. Sess., the prosecuting attorney of a fourth class county is still required to serve as ex officio county coroner. (2) Such prosecuting attorney is authorized to appear and defend the county in an action involving alleged misconduct by the coroner or his deputies.

AGLO 1975 NO. 65 >

Where a county, the county commissioners, and prosecuting attorney are sued in their official capacities and a special attorney is employed pursuant to RCW 36.32.200, the costs thus incurred constitute a county expense.

AGLO 1973 NO. 86 >

While a prosecuting attorney who is authorized to have a private law practice may serve, in his private capacity, as legal counsel to represent the interests of a minor or dependent child in marriage dissolution proceedings under chapter 157, Laws of 1973, Ex. Sess., he may not be required by the court as prosecuting attorney to serve in this capacity.

AGO 1952 NO. 168 >

It is not the duty of a prosecuting attorney to represent a weed district in litigation authorized by section 2778-6 Rem. Rev. Stat.

AGO 1950 NO. 316 >

The prosecuting attorney in a fourth class or lower classification county has no authority to appoint a deputy coroner.  In cases where such prosecuting attorney has a duly appointed, qualified, and acting deputy, the prosecuting attorney could properly delegate to such deputy the performance of any duty as to coroner cases which might otherwise devolve upon the prosecuting attorney.

AGO 1951 NO. 472 >

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.