AGO Opinion Topics: PROSECUTING ATTORNEY

Where an information charging criminal conduct by a juvenile offender has been properly filed by the prosecuting attorney as authorized under RCW 13.40.070, the superior court is not authorized then to declare the accused eligible to enter into a diversion agreement pursuant to RCW 13.40.080 rather than adjudicating his or her innocence or guilt.

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.

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.

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

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.

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.