Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1990 NO. 2 >

1.  When the Governor appoints a Director of Wildlife pursuant to RCW 43.17.020, to serve at the pleasure of the Governor, and notifies the Senate as required by RCW 43.06.030, the Governor has exercised the power of appointment.  The appointment is complete and effective unless the Senate rejects the appointment pursuant to RCW 43.06.092. 2.  If there is a vacancy in the office of Director of Wildlife, RCW 43.17.040 allows the Governor to make a temporary appointment by either leaving the chief assistant in charge of the department or appointing an acting director.  RCW 43.17.020 prohibits the Governor from leaving such a temporary appointee in charge of the Department of Wildlife for more than one year. 3.   If a Director of Wildlife, who is not a temporary director and has not been rejected by the Senate, resigns the office, the Governor may immediately reappoint the same individual to that office.

AGO 1965 NO. 20 >

(1) A board of county commissioners may not appoint one of its members to fill a vacancy in the office of county auditor. (2) Same: If a county commissioner were to resign his office for the sole purpose of accepting an appointment as the county auditor under a prior agreement to that effect with the board of which he was a member, the member would still be ineligible for the appointment notwithstanding his resignation.

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 1951 NO. 451 >

1. The fixed salary of a justice of the peace cannot be increased without legislative enactment.  2. The constitutional prohibition against increase or diminution of salary of a justice of peace during his term of office cannot be evaded by failure of the justice of qualify until after the effective date of the law.  3. The constitutional inhibition would apply to a justice of the peace who resigned and was appointed by the county commissioners to the same office after the salary had been changed by legislation.