S-1886.1 _______________________________________________
SUBSTITUTE SENATE BILL 5695
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Barr, Anderson, McMullen, Matson and Johnson).
Read first time March 5, 1991.
AN ACT Relating to prosecuting attorneys; amending RCW 36.17.020; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature recognizes that the incidence of crime is increasing in Washington state and finds that (1) an adequate salary for the prosecuting attorney is indispensable to attracting and retaining qualified attorneys in public service, (2) this is in the state interest given the nature of the duties required of the prosecutor in RCW 36.27.020, and (3) state legislation and fiscal assistance is needed to obtain this result in light of: (a) Unprecedented resignations from the office to seek judicial office or other employment; (b) a dearth of qualified candidates seeking offices held by incumbents; and (c) recent actions of the Washington citizens' commission on salaries for elected officials that have resulted in district court judges receiving salaries significantly higher than full-time prosecutors.
Sec. 2. RCW 36.17.020 and 1973 1st ex.s. c 88 s 2 are each amended to read as follows:
(1) ((The
salaries of the following county officers of class A counties and counties of
the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth
classes, as determined by the last preceding federal census, or as may be
determined under the provisions of RCW 36.13.020 to 36.13.075, inclusive, shall
be per annum respectively as follows:
Class
A counties: Auditor, sixteen thousand dollars; clerk, sixteen thousand
dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand seven
hundred dollars; assessor, sixteen thousand dollars; prosecuting attorney,
twenty-two thousand five hundred dollars; members of board of county
commissioners, seventeen thousand seven hundred dollars; coroner, fifteen
thousand dollars;
Counties
of the first class: Auditor, fourteen thousand five hundred dollars; clerk,
fourteen thousand five hundred dollars; treasurer, fourteen thousand five
hundred dollars; sheriff, sixteen thousand dollars; assessor, fourteen thousand
five hundred dollars; prosecuting attorney, twenty-two thousand five hundred
dollars; members of board of county commissioners, sixteen thousand dollars;
coroner, eight thousand dollars;
Counties
of the second class: Auditor, thirteen thousand five hundred dollars; clerk,
thirteen thousand five hundred dollars; treasurer, thirteen thousand five
hundred dollars; sheriff, thirteen thousand five hundred fifty dollars;
assessor, thirteen thousand five hundred dollars; prosecuting attorney,
twenty-one thousand five hundred dollars; members of board of county
commissioners, thirteen thousand five hundred dollars; coroner, five thousand
dollars;
Counties
of the third class: Auditor, twelve thousand five hundred dollars; clerk,
twelve thousand five hundred dollars; treasurer, twelve thousand five hundred
dollars; assessor, twelve thousand five hundred dollars; sheriff, twelve
thousand five hundred dollars; prosecuting attorney, twenty-one thousand five
hundred dollars; members of the board of county commissioners, twelve thousand
five hundred dollars; coroner, three thousand six hundred dollars;
Counties
of the fourth class: Auditor, eleven thousand dollars; clerk, eleven thousand
dollars; treasurer, eleven thousand dollars; assessor, eleven thousand dollars;
sheriff, eleven thousand dollars; prosecuting attorney, in such a county in
which there is no state university, thirteen thousand dollars; prosecuting
attorney, in such a county in which there is a state university or college,
fifteen thousand dollars; members of the board of county commissioners, ten
thousand dollars;
Counties
of the fifth class: Auditor, nine thousand one hundred fifty dollars; clerk,
nine thousand one hundred fifty dollars; treasurer, nine thousand one hundred
fifty dollars; sheriff, ten thousand two hundred dollars; assessor, nine
thousand one hundred fifty dollars; prosecuting attorney, twelve thousand
dollars; members of the board of county commissioners, eight thousand five
hundred dollars;
Counties
of the sixth class: Auditor, nine thousand one hundred fifty dollars; clerk,
nine thousand one hundred fifty dollars; treasurer, nine thousand one hundred
fifty dollars; assessor, nine thousand one hundred fifty dollars; sheriff, ten
thousand two hundred dollars; prosecuting attorney, nine thousand dollars;
members of the board of county commissioners, six thousand four hundred
dollars;
Counties
of the seventh class: Auditor, eight thousand three hundred dollars; clerk,
eight thousand three hundred dollars; treasurer, eight thousand three hundred
dollars; assessor, eight thousand three hundred dollars; sheriff, nine thousand
five hundred dollars; prosecuting attorney, nine thousand dollars; members of
the board of county commissioners, five thousand nine hundred fifty dollars;
Counties
of the eighth class: Auditor, eight thousand three hundred dollars; clerk,
eight thousand three hundred dollars; treasurer, eight thousand three hundred
dollars; assessor, eight thousand three hundred dollars; sheriff, nine thousand
five hundred dollars; prosecuting attorney, nine thousand dollars; members of
board of county commissioners, five thousand nine hundred fifty dollars;
Counties
of the ninth class: Auditor-clerk, seven thousand four hundred fifty dollars;
sheriff, eight thousand five hundred dollars; treasurer-assessor, seven
thousand four hundred fifty dollars; prosecuting attorney, nine thousand
dollars; members of the board of county commissioners, five thousand five
hundred dollars.
(2)
The salaries of the following county officers in counties with a population
over five hundred thousand shall be per annum respectively as follows:
Auditor, clerk, treasurer, sheriff, members of board of county commissioners,
coroners, eighteen thousand dollars; assessor, nineteen thousand dollars; and
prosecuting attorney, twenty-seven thousand five hundred dollars.
Beginning
January 1, 1974:))
The salaries of the following county officers of class AA and counties and counties of the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth classes, as determined by the last preceding federal census, or as may be determined under the provisions of RCW 36.13.020 to 36.13.075, inclusive, shall be per annum respectively as follows:
Class
AA counties: Prosecuting attorney, ((thirty thousand three hundred dollars))
not less than the amount specified in subsection (2) of this section;
Class
A counties: Auditor, seventeen thousand six hundred dollars; clerk, seventeen
thousand six hundred dollars; treasurer, seventeen thousand six hundred
dollars; sheriff, nineteen thousand five hundred dollars; assessor, seventeen
thousand six hundred dollars; prosecuting attorney, ((twenty-four thousand
eight hundred dollars)) not less than the amount specified in subsection
(2) of this section; members of board of county commissioners, nineteen
thousand five hundred dollars; coroner, sixteen thousand five hundred dollars;
Counties
of the first class: Auditor, sixteen thousand dollars; clerk, sixteen thousand
dollars; treasurer, sixteen thousand dollars; sheriff, seventeen thousand six
hundred dollars; assessor, sixteen thousand dollars; prosecuting attorney, ((twenty-four
thousand eight hundred dollars)) not less than the amount specified in
subsection (2) of this section; members of board of county commissioners,
seventeen thousand six hundred dollars; coroner, eight thousand eight hundred
dollars;
Counties
of the second class: Auditor, fourteen thousand nine hundred dollars; clerk,
fourteen thousand nine hundred dollars; treasurer, fourteen thousand nine
hundred dollars; assessor, fourteen thousand nine hundred dollars; sheriff,
fourteen thousand nine hundred dollars; prosecuting attorney, ((twenty-three
thousand seven hundred dollars)) not less than the amount specified in
subsection (2) of this section; members of the board of county
commissioners, fourteen thousand nine hundred dollars; coroner, five thousand
five hundred dollars;
Counties
of the third class: Auditor, thirteen thousand eight hundred dollars; clerk,
thirteen thousand eight hundred dollars; treasurer, thirteen thousand eight
hundred dollars; assessor, thirteen thousand eight hundred dollars; sheriff,
thirteen thousand eight hundred dollars; prosecuting attorney, ((twenty-three
thousand seven hundred dollars)) not less than the amount specified in
subsection (2) of this section; members of the board of county
commissioners, thirteen thousand eight hundred dollars; coroner, four thousand
dollars;
Counties
of the fourth class: Auditor, twelve thousand one hundred dollars; clerk,
twelve thousand one hundred dollars; treasurer, twelve thousand one hundred
dollars; sheriff, twelve thousand one hundred dollars; assessor, twelve
thousand one hundred dollars; prosecuting attorney ((in such a county in
which there is no state university or college, fourteen thousand three hundred
dollars; in such a county in which there is a state university or college,
sixteen thousand five hundred dollars)), not less than the amount
specified in subsection (2) of this section; members of the board of county
commissioners, eleven thousand dollars;
Counties
of the fifth class: Auditor, ten thousand one hundred dollars; clerk, ten
thousand one hundred dollars; treasurer, ten thousand one hundred dollars;
assessor, ten thousand one hundred dollars; sheriff, eleven thousand two
hundred dollars; prosecuting attorney, ((thirteen thousand two hundred
dollars)) not less than the amount specified in subsection (2) of this
section; members of the board of county commissioners, nine thousand four
hundred dollars;
Counties
of the sixth class: Auditor, ten thousand one hundred dollars; clerk, ten
thousand one hundred dollars; treasurer, ten thousand one hundred dollars;
assessor, ten thousand one hundred dollars; sheriff, eleven thousand two
hundred dollars; prosecuting attorney, ((nine thousand nine hundred dollars))
not less than the amount specified in subsection (2) of this section;
members of the board of county commissioners, seven thousand dollars;
Counties
of the seventh class: Auditor, nine thousand one hundred dollars; clerk, nine
thousand one hundred dollars; treasurer, nine thousand one hundred dollars;
assessor, nine thousand one hundred dollars; sheriff, ten thousand five hundred
dollars; prosecuting attorney, ((nine thousand nine hundred dollars)) not
less than the amount specified in subsection (2) of this section; members
of board of county commissioners, six thousand five hundred dollars;
Counties
of the eighth class: Auditor, nine thousand one hundred dollars; clerk, nine
thousand one hundred dollars; treasurer, nine thousand one hundred dollars;
sheriff, ten thousand five hundred dollars; assessor, nine thousand one hundred
dollars; prosecuting attorney, ((nine thousand nine hundred dollars)) not
less than the amount specified in subsection (2) of this section; members
of the board of county commissioners, six thousand five hundred dollars;
Counties
of the ninth class: Auditor-clerk, eight thousand two hundred dollars;
treasurer-assessor, eight thousand two hundred dollars; sheriff, nine thousand
four hundred dollars; prosecuting attorney, ((nine thousand nine hundred
dollars)) not less than the amount specified in subsection (2) of this
section; members of the board of county commissioners, six thousand one
hundred dollars.
The county legislative authority of such county is authorized to increase or decrease the salary of such office but may not decrease the salary of the prosecuting attorney below the amount specified in subsection (2) of this section: PROVIDED, That the legislative authority of the county shall not reduce the salary of any official below the amount which such official was receiving on January 1, 1973.
(2) The salary of the prosecuting attorney in all counties shall be no less than the amount prescribed for superior court judges in RCW 43.03.012. The salary of a part-time prosecuting attorney shall be no less than such percentage of the salary for a full-time judge of the superior court that the prosecuting attorney certifies, at the end of each month, is the same as the percentage of hours he or she has worked as the prosecuting attorney compared to the hours that would be worked for that month by a full-time prosecuting attorney, based on a forty-hour work week.
One-half of the salary of each prosecuting attorney shall be paid by the state. During the biennium ending June 30, 1993, the state shall reimburse each county for all of the additional salary obligations and other costs incurred in the implementation of this subsection (2) above the amounts each county was responsible for prior to the effective date of this act.
NEW SECTION. Sec. 3. The Washington association of prosecuting attorneys shall report to the Washington state legislature by December 1, 1994, as to the changes achieved by the signing into law of this act as measured by the decrease in voluntary departure from office of prosecuting attorneys and the increase in the number of attorneys seeking election to the office of prosecuting attorney.