ESB 5860 -
By Committee on Judiciary
NOT CONSIDERED
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.10.030 and 2009 c 549 s 5048 are each amended to
read as follows:
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 execution of the
duties of any state officer, except as provided in section 2 of this
act;
(3) Defend all actions and proceedings against any state officer or
employee acting in his or her official capacity, in any of the courts
of this state or the United States;
(4) Consult with and advise the several prosecuting attorneys in
matters relating to the duties of their office, and when the interests
of the state require, he or she shall attend the trial of any person
accused of a crime, and assist in the prosecution;
(5) Consult with and advise the governor, members of the
legislature, and other state officers, and when requested, give written
opinions upon all constitutional or legal questions relating to the
duties of such officers;
(6) Prepare proper drafts of contracts and other instruments
relating to subjects in which the state is interested;
(7) Give written opinions, when requested by either branch of the
legislature, or any committee thereof, upon constitutional or legal
questions;
(8) Enforce the proper application of funds appropriated for the
public institutions of the state, and prosecute corporations for
failure or refusal to make the reports required by law;
(9) Keep in proper books a record of all cases prosecuted or
defended by him or her, on behalf of the state or its officers, and of
all proceedings had in relation thereto, and deliver the same to his or
her successor in office;
(10) Keep books in which he or she shall record all the official
opinions given by him or her during his or her term of office, and
deliver the same to his or her successor in office;
(11) Pay into the state treasury all moneys received by him or her
for the use of the state.
NEW SECTION. Sec. 2 A new section is added to chapter 43.10 RCW
to read as follows:
RCW 43.10.030(2) does not require the attorney general to institute
or prosecute any action or proceeding on behalf of a superior court
judge or judges against the state or a county when any purpose of the
action or proceeding, any cause of action, or any remedy sought, is
related to or would require, fiscal appropriations or funding or
financial payment of any sort from the state or a county.
NEW SECTION. Sec. 3 For any action or proceeding instituted by
the attorney general on behalf of a superior court judge or judges
under RCW 43.10.030(2) prior to the effective date of this act, any
duty on the part of the attorney general to continue to prosecute shall
cease after the effective date of this act.
NEW SECTION. Sec. 4 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately."
Correct the title.
EFFECT: Makes the following changes and additions:
(1) Strikes language that required the AG to prosecute and
institute an action on behalf of superior court judges only if
requested to do so by the AOC, and provided that in such cases the AG
and AOC must share the costs half and half.
(2) Provides that the AG has no duty to institute and prosecute
actions on behalf of superior court judges against the state or a
county when any purpose of the action, any cause of action, or any
remedy sought is related to or would require, fiscal appropriations or
funding or financial payment of any sort from the state or a county.
(3) Adds a provision that, with respect to any action or proceeding
already instituted by the AG on behalf of a superior court judge or
judges prior to the effective date of this act, any duty to continue to
prosecute shall cease after the effective date of this act.
(4) Includes an emergency clause.