WSR 12-04-083


[ Filed January 31, 2012, 2:19 p.m. ]



The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by February 22, 2012. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by calling (360) 586-0728, or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeffrey T. Even, Deputy Solicitor General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested; information about the attorney general's opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

If you are interested in receiving notice of new formal opinion requests via e-mail, you may visit the attorney general's web site at for more information on how to join our opinions listserv.

The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 12-01-02

Request by Steven Tucker, Spokane County Prosecutor

1. Does the principle that a legislature cannot enact a statute or enter into an agreement that prevents a future legislature from exercising its lawmaking power similarly apply to boards of county commissioners?
2. If the answer to the first question is "yes," then are boards of county commissioners bound by a contractual promise not to participate in a federal and state-mandated process calling for input from local governments?
3. If the answer to the second question is "no," then can a county commissioner be held liable for tortious interference with such a contract for carrying out his or her legislative functions?
Washington State Code Reviser's Office