Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1963 NO. 66 >

(1) The offices of county sheriff and civil defense director are not incompatible. (2) A sheriff who also holds the office of civil defense director may receive compensation for said office in addition to his regular salary as sheriff.

AGO 1966 NO. 66 >

Assuming a person is otherwise qualified for a particular public office, he may file for and hold, if elected, a state or county office even though he had previously entered a plea or was found guilty of a felony (an infamous crime in this state resulting in a loss of the elective franchise) where his sentence was deferred; he was placed on probation and at the expiration thereof the superior court dismissed the proceedings under RCW 9.95.240, releasing him "from all penalties and disabilities resulting from the offense or crime of which he was convicted."

AGO 1966 NO. 68 >

Where a school district or other municipal corporation issues and sells refunding bonds pursuant to chapter 138, Laws of 1965, Ex. Sess., and places the proceeds in the custody of its county treasurer for investment pending ultimate application to the purpose for which the bonds have been issued, the investment service fee provided by RCW 28.58.440 or RCW 39.29.020 is to be charged.

AGLO 1974 NO. 69 >

County prosecuting attorneys are required to provide legal counsel and representation to county transportation authorities created pursuant to chapter 167, Laws of 1974, 1st Ex. Sess.

AGLO 1973 NO. 69 >

Where an incumbent county auditor elected in November of 1970, for a four-year term commencing in January of 1971, retired from that office on January 31, 1973, and was succeeded by a person appointed by the board of county commissioners in accordance with Article II, § 15 (Amendment 52) to the state Constitution, an election for the remainder of the unexpired term will be required on November 6, 1973, in accordance with § 1, chapter 4, Laws of 1973.

AGO 1966 NO. 70 >

(1) In computing the three‑day waiting period for issuance of a marriage license a county auditor may count days on which his office is closed. (2) If the third day falls on a day on which a county auditor's office is closed, the auditor may authorize a qualified person in the sheriff's office to deliver the marriage license to the applicant at the sheriff's office on such date provided (1) the person who actually delivers the license has been appointed as a deputy county auditor under RCW 36.16.070; and (2) the county commissioners by resolution have authorized such activity.

AGO 1964 NO. 81 >

A county official may pay extra compensation to a salaried employee for overtime work provided there has been compliance with the budgetary procedures which must be followed as a prerequisite to payment of any overtime compensation.

AGO 1964 NO. 82 >

Under RCW 89.12.040, as amended by chapter 3, Laws of 1963, the county auditor is not required to accept for filing any plats submitted by the Secretary of the Interior, other than those plats showing farm units established by the secretary.

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 1959 NO. 87 >

The width of the right of way which a county is entitled to rely upon for maintenance and improvement on highways acquired by the county under RCW 36.75.070 and 36.75.080 is such width as is reasonably necessary for public travel.