Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.10.005 Workplace pregnancy accommodations—Unfair practices—Definitions.
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(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.(a) "Employer" has the same meaning as and shall be interpreted consistent with how that term is defined in RCW 49.60.040, except that for the purposes of this secti…
RCW 43.10.010 Qualifications—Oath—Bond.
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No person shall be eligible to be attorney general unless he or she is a qualified practitioner of the supreme court of this state.Before entering upon the duties of his or her office, any person elected or appointed attorney general shall take, subscribe, and file the oath of of…
RCW 43.10.020 Additional bond—Penalty for failure to furnish.
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If the governor deems any bond filed by the attorney general insufficient, he or she may require an additional bond for any amount not exceeding five thousand dollars.If any attorney general fails to give such additional bond as required by the governor within twenty days after n…
RCW 43.10.030 General powers and duties.
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The attorney general shall:(1) Appear for and represent the state before the supreme court or the court of appeals in all cases in which the state is interested;(2) Institute and prosecute all actions and proceedings for, or for the use of the state, which may be necessary in the…
RCW 43.10.035 Prosecutions for official delinquencies in the assessment, collection and payment of revenue; failure to pay over or deliver public money or property; and against all debtors of the state.
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Upon receipt of information from the state auditor as provided in *RCW 43.09.050(3) as now or hereafter amended, the attorney general shall direct prosecutions in the name of the state for all official delinquencies in relation to the assessment, collection, and payment of the re…
RCW 43.10.040 Representation of boards, commissions and agencies.
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The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings, or proceedings, and adv…
RCW 43.10.045 Retention of counsel by legislature—Notice—Representation in absence of notice.
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The legislature may employ or retain counsel of its own choosing. However, the legislature shall notify the attorney general whenever it makes a decision to use the services of such counsel to represent it or any of its members in a particular judicial or administrative proceedin…
RCW 43.10.050 Authority to execute appeal and other bonds.
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The attorney general may execute, on behalf of the state, any appeal or other bond required to be given by the state in any judicial proceeding to which it is a party in any court, and procure sureties thereon.[ 1965 c 8 s 43.10.050. Prior: 1929 c 92 s 6; RRS s 11034; prior: 1905…
RCW 43.10.060 Appointment and authority of assistants.
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The attorney general may appoint necessary assistants who shall have the power to perform any act which the attorney general is authorized by law to perform. Subject to any collective bargaining agreement, assistants shall hold office at the attorney general's pleasure.[ 2019 c 1…
RCW 43.10.065 Employment of attorneys and employees to transact state's legal business.
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The attorney general may employ or discharge attorneys and employees to transact for the state, its departments, officials, boards, commissions, and agencies, all business of a legal or quasi legal nature, except those declared by law to be the duty of the judge of any court, or …
RCW 43.10.067 Employment of attorneys by others restricted.
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No officer, director, administrative agency, board, or commission of the state, other than the attorney general, shall employ, appoint or retain in employment any attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attor…
RCW 43.10.070 Compensation of assistants, attorneys, and employees.
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Subject to any collective bargaining agreement, the attorney general shall fix the compensation of all assistants, attorneys, and employees, and in the event they are assigned to any department, board, or commission, such department, board, or commission shall pay the compensatio…
RCW 43.10.080 Employment of experts, technicians.
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The attorney general may employ such skilled experts, scientists, technicians, or other specially qualified persons as he or she deems necessary to aid him or her in the preparation or trial of actions or proceedings.[ 2009 c 549 s 5050; 1965 c 8 s 43.10.080. Prior: 1941 c 50 s 3…
RCW 43.10.090 Criminal investigations—Supervision.
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Upon the written request of the governor, the attorney general shall investigate violations of the criminal laws within this state.If, after such investigation, the attorney general believes that the criminal laws are improperly enforced in any county, and that the prosecuting at…
RCW 43.10.095 Homicide investigative tracking system—Supervision management and recidivist tracking (SMART) system.
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(1) There is created, as a component of the homicide investigative tracking system, a supervision management and recidivist tracking system called the SMART system. The office of the attorney general may contract with any state, local, or private agency necessary for implementati…
RCW 43.10.097 Homicide investigative tracking system—Purpose limited.
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The homicide investigative tracking system and the supervision management and recidivist tracking system are tools for the administration of criminal justice and these systems may not be used for any other purpose.[ 1998 c 223 s 3.]Notes:Finding—1998 c 223: See note following RCW…
RCW 43.10.101 Report to transportation entities—Tort claims.
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The attorney general shall prepare annually a report to the transportation committees of the legislature, the governor, the department of transportation, and the transportation commission comprising a comprehensive summary of all cases involving tort claims against the department…
RCW 43.10.110 Other powers and duties.
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The attorney general shall have the power and it shall be his or her duty to perform any other duties that are, or may from time to time be required of him or her by law.[ 2009 c 549 s 5052; 1965 c 8 s 43.10.110. Prior: 1929 c 92 s 8; RRS s 11034-2.]
RCW 43.10.115 Private practice of law—Attorney general—Prohibited.
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The attorney general shall not practice law for remuneration in his or her private capacity:(1) As an attorney in any court of this state during his or her continuance in office; or(2) As adviser or advocate for any person who may wish to become his or her client.[ 2009 c 549 s 5…
RCW 43.10.120 Private practice of law—Deputies and assistants—Prohibited.
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No full time deputy or assistant attorney general shall practice law for remuneration in his or her private capacity:(1) As an attorney in any court of this state during his or her continuance in office; or(2) As adviser or advocate for any person who may wish to become his or he…
RCW 43.10.125 Private practice of law—Special assistant attorney generals.
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Special assistant attorney generals [attorneys general] employed on less than a full time basis to transact business of a legal or quasi legal nature for the state, such assistants and attorneys may practice law in their private capacity as attorney.[ 1973 c 43 s 4.]Notes:Severab…
RCW 43.10.130 Private practice of law—Exceptions.
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None of the provisions of RCW 43.10.010 and 43.10.115 through 43.10.125 shall be construed as prohibiting the attorney general or any of his or her full time deputies or assistants from:(1) Performing legal services for himself or herself or his or her immediate family; or(2) Per…
RCW 43.10.150 Legal services revolving fund—Created—Purpose.
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A legal services revolving fund is hereby created in the state treasury for the purpose of a centralized funding, accounting, and distribution of the actual costs of the legal services provided to agencies of the state government by the attorney general. During the 2013-2015 fisc…
RCW 43.10.160 Legal services revolving fund—Transfers and payments into fund—Allotments to attorney general.
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The amounts to be disbursed from the legal services revolving fund from time to time shall be transferred thereto by the state treasurer from funds appropriated to any and all agencies for legal services or administrative expenses on a quarterly basis. Agencies operating in whole…
RCW 43.10.170 Legal services revolving fund—Disbursements.
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Disbursements from the legal services revolving fund shall be pursuant to vouchers executed by the attorney general or his or her designee in accordance with the provisions of RCW 43.88.160.[ 2009 c 549 s 5057; 1971 ex.s. c 71 s 3.]
RCW 43.10.180 Legal services revolving fund—Allocation of costs to funds and agencies—Accounting—Billing.
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(1) The attorney general shall keep such records as are necessary to facilitate proper allocation of costs to funds and agencies served and the director of financial management shall prescribe appropriate accounting procedures to accurately allocate costs to funds and agencies se…
RCW 43.10.190 Legal services revolving fund—Direct payments from agencies.
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In cases where there are unanticipated demands for legal services or where there are insufficient funds on hand or available for payment through the legal services revolving fund or in other cases of necessity, the attorney general may request payment for legal services directly …
RCW 43.10.200 Legal services revolving fund—Recovered court costs, fees and expenses—Deposit in fund—Expenditure.
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Court costs, attorneys' fees, and other expenses recovered by the attorney general shall be deposited in the legal services revolving fund and shall be considered as returned loans of materials supplied or services rendered. Such amounts may be expended in the same manner and und…
RCW 43.10.210 Antitrust revolving fund—Legislative finding and purpose.
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The legislature having found that antitrust laws and the enforcement thereof are necessary for the protection of consumers and businesses, and further that the creation of an antitrust revolving fund provides a reasonable means of funding antitrust actions by the attorney general…
RCW 43.10.215 Antitrust revolving fund—Created—Contents.
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There is hereby created the antitrust revolving fund in the custody of the state treasurer which shall consist of: Funds appropriated to the revolving fund, funds transferred to the revolving fund pursuant to a court order or judgment in an antitrust action; gifts or grants made …
RCW 43.10.220 Antitrust revolving fund—Expenditures.
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The attorney general is authorized to expend from the antitrust revolving fund, created by RCW 43.10.210 through 43.10.220, such funds as are necessary for the payment of costs, expenses and charges incurred in the preparation, institution and maintenance of antitrust actions und…
RCW 43.10.230 Purpose.
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The purpose of RCW 43.10.232 is to grant authority to the attorney general concurrent with the county prosecuting attorneys to investigate and prosecute crimes. The purpose of *RCW 43.10.234 is to insure access by the attorney general to the procedural powers of the various prose…
RCW 43.10.232 Concurrent authority to investigate crimes and initiate and conduct prosecutions—Payment of costs.
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(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate crimes and initiate and conduct prosecutions upon the request of or with the concurrence of any of the following:(a) The county prosecuting attorney of the jurisdictio…
RCW 43.10.234 Determination of prosecuting authority if defendant charged by attorney general and prosecuting attorney.
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If both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, upon motion of either the prosecuting attorney or the attorney general:(1) Determine whose prosecution of the ca…
RCW 43.10.240 Investigative and criminal prosecution activity—Annual report—Security protection.
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The attorney general shall annually report to the chief of the Washington state patrol a summary of the attorney general's investigative and criminal prosecution activity conducted pursuant to this chapter. Except to the extent the summary describes information that is a matter o…
RCW 43.10.250 Appellate review of criminal case.
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Upon request of a prosecuting attorney, the attorney general may assume responsibility for the appellate review of a criminal case or assist the prosecuting attorney in the appellate review if the attorney general finds that the case involves fundamental issues affecting the publ…
RCW 43.10.260 Criminal profiteering—Assistance to local officials.
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The attorney general may: (1) Assist local law enforcement officials in the development of cases arising under the criminal profiteering laws with special emphasis on narcotics related cases; (2) assist local prosecutors in the litigation of criminal profiteering or drug asset fo…
RCW 43.10.270 Criminal profiteering—Asset recovery.
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All assets recovered pursuant to RCW 43.10.260 shall be distributed in the following manner: (1) For drug asset forfeitures, pursuant to the provisions of RCW 69.50.505; and (2) for criminal profiteering cases, pursuant to the provisions of RCW 9A.82.100.[ 1991 c 345 s 3.]Notes:F…
RCW 43.10.290 Office of military and veteran legal assistance—Created—Definitions—Limitations.
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(1) Subject to the availability of amounts appropriated for this specific purpose, there is hereby created an office of military and veteran legal assistance within the office of the attorney general for the purpose of promoting and facilitating civil legal assistance programs, p…
RCW 43.10.292 Office of military and veteran legal assistance—Duties.
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The office of military and veteran legal assistance shall:(1) Recruit and train volunteer attorneys and identify service programs willing to perform pro bono services for service members, veterans, and their family members, and create and maintain a registry of the same;(2) Asses…
RCW 43.10.294 Office of military and veteran legal assistance—Grants, gifts, donations.
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The attorney general may apply for and receive grants, gifts, donations, bequests, or other contributions to help support and to be used exclusively for the operations of the office of military and veteran legal assistance.[ 2017 c 163 s 3.]
RCW 43.10.305 Hate crimes and bias incidents hotline.
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(1) The attorney general's office shall oversee a hate crimes and bias incidents hotline staffed during business hours and dedicated to assisting people who have been targeted or affected by hate crimes and bias incidents. The hotline shall:(a) Provide appropriate information and…
RCW 43.10.310 Immigration enforcement model policies—Adoption by schools, health facilities, courthouses.
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(1) The attorney general, in consultation with appropriate stakeholders, must publish model policies within twelve months after May 21, 2019, for limiting immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, health facili…
RCW 43.10.315 Immigration enforcement model policies—Adoption by law enforcement agencies.
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To ensure state and law enforcement agencies are able to foster the community trust necessary to maintain public safety, within twelve months of May 21, 2019, the attorney general must, in consultation with appropriate stakeholders, publish model policies, guidance, and training …
RCW 43.10.320 Missing and murdered indigenous women and people cold case investigations assistance unit.
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(1) Subject to the availability of amounts appropriated for this specific purpose, there is hereby created a missing and murdered indigenous women and people cold case investigations assistance unit within the office of the attorney general for the purpose of assisting federal, m…
RCW 43.10.325 Missing persons toolkit.
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(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the attorney general shall publish and maintain on its website a missing persons toolkit that contains regularly updated information related to locating and recovering missing persons…
RCW 43.10.801 Sexual assault forensic examination best practices advisory group.
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(1)(a) The sexual assault forensic examination best practices advisory group is established within the office of the attorney general for the purpose of reviewing best practice models for managing all aspects of sexual assault investigations and for reducing the number of unteste…