PROSECUTING ATTORNEY ‑- DUTIES RE WEED DISTRICTS

PROSECUTING ATTORNEY ‑- DUTIES RE WEED DISTRICTS

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

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                                                               November 14, 1951

Honorable Don G. Abel
Prosecuting Attorney
Grays Harbor County
Montesano, Washington                                                                                                              Cite as:  AGO 51-53 No. 168

Dear Sir:

            In your letter of October 29th, you ask the following question:

            Is it the duty of a prosecuting attorney to represent a weed district established under the authority of chapter 125, Laws of 1929, sections 2771et seq., Rem. Rev. Stat. in litigation authorized by section 14 of that act, section 2778-6 Rem. Rev. Stat.

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

                                                                     ANALYSIS

            The prosecuting attorneys' duties were specifically enumerated in sections 11 and 12 of chapter 125, Laws of 1929, sections 2778-3 and 2778-4 Rem. Rev. Stat.

            They relate to the preparation and service of notices.

            They do not include the duty of appearing in court, Bates v. School District No. 10, 45 Wash. 498, 502; 88 Pac. 944.

             [[Orig. Op. Page 2]]

            The intent of the legislature not to impose additional duties on the prosecuting attorney is shown by section 2, chapter 193, Laws of 1937, section 2778-3 Rem. Supp., which relieved the prosecuting attorney of the duties imposed by section 11, chapter 125, Laws of 1929, section 2778-3 Rem. Rev. Stat.

Very truly yours,

SMITH TROY
Attorney General

E. P. DONNELLY
Assistant Attorney General