HOUSE BILL 2368






                        52nd Legislature

                      1992 Regular Session

Passed by the House March 7, 1992

  Yeas 96   Nays 0




Speaker of the

       House of Representatives


Passed by the Senate March 2, 1992

  Yeas 44   Nays 1



I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2368 as passed by the House of Representatives and the Senate on the dates hereon set forth.




President of the Senate

                               Chief Clerk



Approved Place Style On Codes above, and Style Off Codes below.





Governor of the State of Washington

                        Secretary of State

                       State of Washington



                                  HOUSE BILL 2368



                             AS AMENDED BY THE SENATE


                     Passed Legislature - 1992 Regular Session


State of Washington              52nd Legislature             1992 Regular Session


By Representatives Padden, Riley, Mielke and Paris


Read first time 01/15/92.  Referred to Committee on Judiciary.Allowing deputy sheriffs to practice law.

     AN ACT Relating to the practice of law by deputy sheriffs; and amending RCW 2.48.200 and 36.28.110.




     Sec. 1.  RCW 2.48.200 and 1975 1st ex.s. c 19 s 3 are each amended to read as follows:

     No person shall practice law who holds a commission as judge in any court of record, or as sheriff((,)) or coroner((, or deputy sheriff)); nor shall the clerk of the supreme court, the court of appeals, or of the superior court or any deputy thereof practice in the court of which he or she is clerk or deputy clerk:  PROVIDED, It shall be unlawful for a deputy prosecuting attorney, or for the employee, partner, or agent of a prosecuting attorney, or for an attorney occupying offices with a prosecuting attorney, to appear for an adverse interest in any proceeding in which a prosecuting attorney is appearing, or to appear in any suit, action or proceeding in which a prosecuting attorney is prohibited by law from appearing, but nothing herein shall prohibit a prosecuting attorney or a deputy prosecuting attorney from appearing in any action or proceeding for an interest divergent from that represented in the same action or proceeding by another attorney or special attorney in or for the same office, so long as such appearances are pursuant to the duties of prosecuting attorneys as set out in RCW 36.27.020 and such appearances are consistent with the code of professional responsibility or other code of ethics adopted by the Washington state supreme court, but nothing herein shall preclude a judge or justice of a court of this state from finishing any business ((by him)) undertaken in a court of the United States prior to ((his)) him or her becoming a judge or justice.


     Sec. 2.  RCW 36.28.110 and 1963 c 4 s 36.28.110 are each amended to read as follows:

     No sheriff ((or deputy sheriff)) shall appear or practice as attorney in any court, except in their own defense.