BILL REQ. #:  H-3756.1 

Read first time 01/15/08.   Referred to Committee on Judiciary.

     AN ACT Relating to prosecuting attorney salaries; amending RCW 36.17.020; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that an elected county prosecuting attorney functions as both a state officer in pursuing criminal cases on behalf of the state of Washington, and as a county officer who acts as civil counsel for the county, and provides services to school districts and lesser taxing districts by statute.
     The prosecuting attorney's dual role as a state officer and a county officer is reflected in various provisions of the state Constitution and within state statute. RCW 36.17.020 provides that the salary and benefits of an elected prosecuting attorney are divided between the county and the state -- the same as for superior court judges.
     The legislature finds that the responsibilities and decisions required of the elected prosecuting attorney are essentially the same in every county within Washington state, from a decision to seek the death penalty in an aggravated murder case, to the decision not to prosecute but refer an offender to drug court; from a decision to pursue child rape charges based solely upon the testimony of the child, to a decision to divert juvenile offenders out of the justice system. Therefore, the legislature finds that prosecuting attorneys need to exercise the same level of skill and expertise in the least populous county as in the most populous county.
     The legislature finds that the salary of the elected county prosecuting attorney should be tied to that of a superior court judge. This furthers the state's interests and responsibilities under the state Constitution, and is consistent with the current practice of several counties in Washington state, the practices of several other states, and the national district attorneys' association national standards.

Sec. 2   RCW 36.17.020 and 2001 c 73 s 3 are each amended to read as follows:
     The county legislative authority of each county or a county commissioner or councilmember salary commission which conforms with RCW 36.17.024 is authorized to establish the salaries of the elected officials of the county. One-half of the salary of each prosecuting attorney shall be paid by the state. The annual salary of a county elected official shall not be less than the following:
     (1) In each county with a population of one million or more: Auditor, clerk, treasurer, sheriff, members of the county legislative authority, and coroner, eighteen thousand dollars; and assessor, nineteen thousand dollars((; and prosecuting attorney, thirty thousand three hundred dollars));
     (2) In each county with a population of from two hundred ten thousand to less than one million: 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;)) members of the county legislative authority, nineteen thousand five hundred dollars; and coroner, seventeen thousand six hundred dollars;
     (3) In each county with a population of from one hundred twenty-five thousand to less than two hundred ten thousand: 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;)) members of the county legislative authority, seventeen thousand six hundred dollars; and coroner, sixteen thousand dollars;
     (4) In each county with a population of from seventy thousand to less than one hundred twenty-five thousand: 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;)) members of the county legislative authority, fourteen thousand nine hundred dollars; and coroner, fourteen thousand nine hundred dollars;
     (5) In each county with a population of from forty thousand to less than seventy thousand: 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;)) members of the county legislative authority, thirteen thousand eight hundred dollars; and coroner, thirteen thousand eight hundred dollars;
     (6) In each county with a population of from eighteen thousand to less than forty thousand: 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;)) and members of the county legislative authority, eleven thousand dollars;
     (7) In each county with a population of from twelve thousand to less than eighteen thousand: 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;)) and members of the county legislative authority, nine thousand four hundred dollars;
     (8) In each county with a population of from eight thousand to less than twelve thousand: 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;)) and members of the county legislative authority, seven thousand dollars;
     (9) In each county with a population of from five thousand to less than eight thousand: 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;)) and members of the county legislative authority, six thousand five hundred dollars;
     (10) In each other county: 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;)) and members of the county legislative authority, six thousand five hundred dollars;
     (11) The state of Washington shall contribute an amount equal to one-half the salary of a superior court judge towards the salary of the prosecuting attorney. Upon receipt of the state contribution, a county shall continue to contribute towards the salary of the prosecuting attorney in an amount that equals or exceeds that contributed by the county in 2008.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2008.