ENGROSSED HOUSE BILL NO. 1049



                                                                            C 039 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Locke, Inslee, Appelwick, P. King and Wineberry



Read first time 1/11/89 and referred to Committee on Judiciary.



AN ACT Relating to the private practice of law by prosecuting attorneys; and amending RCW 36.27.060.




        Sec. 1.  Section 36.27.060, chapter 4, Laws of 1963 as last amended by section 1, chapter 86, Laws of 1973 1st ex. sess. and RCW 36.27.060 are each amended to read as follows:

          (1) The prosecuting attorneys and their deputies of class  four counties and counties with population larger than class  four counties shall serve full time and except as otherwise provided for in this section shall not engage in the private practice of law((:  PROVIDED, That)).

          (2) Deputy prosecuting attorneys in counties of the second class, third class, and fourth class may serve part time and engage in the private practice of law if the board of county commissioners so provides.

          (3) Except as provided in subsection (4) of this section, nothing in this section prohibits a prosecuting attorney or deputy prosecuting attorney in any county from:

          (a) Performing legal services for himself or herself or his or her immediate family; or

          (b) Performing legal services of a charitable nature.

          (4) The legal services identified in subsection (3) of this section may not be performed if they would interfere with the duties of a prosecuting attorney, or deputy prosecuting attorney and no services that are performed shall be deemed within the scope of employment of a prosecutor or deputy prosecutor.

                                                                                                                      Passed the House February 24, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                             Passed the Senate April 3, 1989.


                                                                                                                                       President of the Senate.