Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1980 NO. 16 >

The new superior court judgeships created by chapter 202, Laws of 1979, 1st Ex. Sess. in Pierce, Kitsap and Cowlitz Counties, which are to take effect on January 1, 1981, are not to be filled initially by gubernatorial appointment but, instead, are constitutionally required to be filled by the election process both (a) for the short term from January 1 through 12, 1981 and (b) for the regular four-year term commencing on January 12, 1981.

AGLO 1978 NO. 16 >

The governor, through the issuance of an appropriate executive order, may legally designate a private nonprofit organization to guarantee student loans in Washington in accordance with Title IV of the federal Higher Education Act of 1965, as amended by PL 94-42 and PL 95-43.

AGO 1978 NO. 16 >

(1) The Urban Arterial Board (UAB) may allocate urban arterial trust account moneys for construction projects on city arterials which form a part of the state highway system, but only if such moneys are requested by a city and the project otherwise meets all requirements for urban arterial projects.   (2) The Urban Arterial Board is not permitted or required to allocate urban arterial trust account moneys for the construction of state highways outside of incorporated cities or towns.

AGO 1963 NO. 16 >

1. The Washington toll bridge authority does not have the power to exempt public school children from fares on the Puget Sound ferries when said public school children are riding a public school bus to and from educational trips in the course of their schooling. 2. Same :  The toll bridge authority does however have the authority, with the approval of its consulting engineer, to effect a reasonable reclassification and reduction of charges for this class of user.  What would be an appropriate or reasonable classification is a question of fact to be determined by the toll bridge authority.

AGO 1985 NO. 16 >

When a vacancy occurs in a joint legislative district located partly in a home rule county governed by a legislative body consisting of more than three members, and partly in a county governed by a three‑member board of county commissioners, each county is entitled to cast three votes in the appointment process.

AGO 1987 NO. 17 >

The Board of Tax Appeals may appoint, discharge and fix the compensation of non-exempt employees listed in RCW 82.03.070 under the guidelines and requirements of chapter 41.06 RCW.

AGO 1981 NO. 17 >

The legislature may not constitutionally cancel, or rescind, prospective salary increases for its own members which are payable during the remainder of their current terms of office and which were provided for by a law that had already been enacted and taken effect before those current terms began.

AGLO 1978 NO. 17 >

An individual who was serving as a member of the state House of Representatives at the time chapter 157, Laws of 1977, 1st Ex.Sess. was enacted may lawfully be elected, in November of 1978, to fill the then existing remainder of an unexpired term in the office of public utility district commissioner.

AGLO 1977 NO. 17 >

The state department of employment security is not required first to obtain an inrem court judgment before a warrant issued by the department against a building contractor for unemployment compensation taxes and contributions may be executed against the contractor's security deposit under RCW 18.27.040.

AGO 1961 NO. 17 >

A statute providing that whenever any person presently receiving a retirement allowance from the state employees' retirement system shall die leaving a surviving spouse, a monthly payment shall be made to the surviving spouse in an amount equal to one‑half the retirement allowance received by the retired person during his life, would be unconstitutional.