FINAL BILL REPORT

HB 1049

                                   C 39 L 89

BYRepresentatives Locke, Inslee, Appelwick, P. King and Wineberry

Relating to permitting prosecutors to perform certain legal services.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

Several statutes affect the ability of county prosecutors and assistant attorneys general to perform legal work outside of their regular employment.

Prosecutors in counties of the first class and above (population of at least 125,000) are generally prohibited from the private practice of law and are required to serve full time as prosecutors.  In second, third and fourth class counties (population from 18,000 to 125,000), the county legislative authority may authorize deputy prosecutors to serve part time and to practice privately. In the smallest counties (below 18,000 population) there is no prohibition on part time service or the private practice of law.

The attorney general has concluded that this combination of statutes means that full time assistant county prosecutors in class four and above counties cannot engage in charitable legal work or legal work for family members.

Under another statute, assistant state attorneys general are prohibited from any outside paid employment for work as private attorneys.  However, charitable legal work and legal work for family members is expressly exempted from this prohibition.

SUMMARY:

An exception is provided to the general rule that county prosecutors in counties of the fourth class and above may not engage in the private practice of law.  Such prosecutors are not prohibited from doing legal work for their own families or from doing charitable legal work.  Any such work is deemed to be beyond the scope of a prosecutor's normal employment, and may not be engaged in if it would conflict with that employment.

VOTES ON FINAL PASSAGE:

      House 90   0

      Senate    43     0

EFFECTIVE:July 23, 1989