SENATE BILL REPORT

EHB 1049

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

Senate Hearing Date(s):March 27, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; Madsen, Nelson, Newhouse, Rinehart, Talmadge, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  March 27, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 27, 1989

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 class four and above are prohibited from the private practice of law and are required to serve full time as prosecutors.  In second, third and fourth class counties (population of 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.

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 exempt from this prohibition.

An Attorney General Opinion 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.

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.  However, any such work is deemed to be beyond the scope of the prosecutors' normal employment, but may not conflict with that employment.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Representative Gary Locke, prime sponsor (pro); Mike Redman, Washington Association of Prosecuting Attorneys (pro)