Wash. Rev. Code § 36.27.020
Duties
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The prosecuting attorney shall:
(1) Be legal adviser of the legislative authority, giving it his or her written opinion when required by the legislative authority or the chairperson thereof touching any subject which the legislative authority may be called or required to act upon relating to the management of county affairs;
(2) Be legal adviser to all county and precinct officers and school directors in all matters relating to their official business, and when required draw up all instruments of an official nature for the use of said officers;
(3) Appear for and represent the state, county, and all school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in the county may be a party;
(4) Prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county;
(5) Attend and appear before and give advice to the grand jury when cases are presented to it for consideration and draw all indictments when required by the grand jury;
(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of felonies when the prosecuting attorney has information that any such offense has been committed and the prosecuting attorney shall for that purpose attend when required by them if the prosecuting attorney is not then in attendance upon the superior court;
(7) Carefully tax all cost bills in criminal cases and take care that no useless witness fees are taxed as part of the costs and that the officers authorized to execute process tax no other or greater fees than the fees allowed by law;
(8) Receive all cost bills in criminal cases before district judges at the trial of which the prosecuting attorney was not present, before they are lodged with the legislative authority for payment, whereupon the prosecuting attorney may retax the same and the prosecuting attorney must do so if the legislative authority deems any bill exorbitant or improperly taxed;
(9) Present all violations of the election laws which may come to the prosecuting attorney's knowledge to the special consideration of the proper jury;
(10) Examine once in each year the official bonds of all county and precinct officers and report to the legislative authority any defect in the bonds of any such officer;
(11) Seek to reform and improve the administration of criminal justice and stimulate efforts to remedy inadequacies or injustice in substantive or procedural law;
(12) Participate in the statewide sexual assault kit tracking system established in RCW 43.43.545 for the purpose of tracking the status of all sexual assault kits connected to criminal investigations and prosecutions within the county. Prosecuting attorneys shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.
[ 2016 c 173 s 7; 2012 1st sp.s. c 5 s 2; 1995 c 194 s 4; 1987 c 202 s 205; 1975 1st ex.s. c 19 s 1; 1963 c 4 s 36.27.020. Prior: (i) 1911 c 75 s 1; 1891 c 55 s 7; RRS s 116. (ii) 1886 p 65 s 5; 1883 p 73 s 10; Code 1881 s 2171; 1879 p 93 s 6; 1877 p 246 s 6; 1863 p 408 s 4; 1860 p 335 s 3; 1858 p 12 s 4; 1854 p 416 s 4; RRS s 4130. (iii) 1886 p 61 s 7; 1883 p 73 s 12; Code 1881 s 2168; 1879 p 94 s 8; 1877 p 247 s 8; RRS s 4131. (iv) 1886 p 61 s 8; 1883 p 74 s 13; Code 1881 s 2169; 1879 p 94 s 8; 1877 p 247 s 9; RRS s 4132. (v) 1886 p 61 s 9; 1883 p 74 s 14; Code 1881 s 2170; 1879 p 94 s 9; 1877 p 247 s 10; RRS s 4133. (vi) 1886 p 62 s 13; 1883 p 74 s 18; Code 1881 s 2165; 1879 p 95 s 13; 1877 p 248 s 14; 1863 p 409 s 5; 1860 p 334 s 4; 1858 p 12 s 5; 1854 p 417 s 5; RRS s 4134. (vii) Referendum No. 24; 1941 c 191 s 1; 1886 p 63 s 18; 1883 p 76 s 24; Code 1881 s 2146; 1879 p 96 s 18; RRS s 4136. (viii) Code 1881 s 3150; 1866 p 52 s 10; RRS s 4137. (ix) 1933 ex.s. c 62 s 81, part; RRS s 7306-81, part.]
Notes:
Finding—Intent—2016 c 173: See note following RCW 43.43.545.
Intent—1987 c 202: See note following RCW 2.04.190.
Annual report to include number of child abuse reports and cases: RCW 26.44.075.
Notes of Decisions
Cited in 73
cases (9 in the last 5 years), 1952–2025 · leading case: Osborn v. Grant County
Osborn v. Grant County (1996)
“King County, we held: [NJothing in the duties of the prosecuting attorney (RCW 36.27.020) requires that officer to bring an action simply because a request is made by another county officer or to provide legal representation.”
Westerman v. Cary (1995)
“*299 The prosecutor’s duties are enumerated in RCW 36.27.020, which provides: The prosecuting attorney shall: (2) Be legal adviser to all county and precinct officers and school directors in all matters relating to their official business, and when required draw up all…”
Lee v. Jasman (2014)
“¶89 Under RCW 36.27.020, The prosecuting attorney shall: (2) Be legal adviser to all county and precinct officers .”
State ex rel. Banks v. Drummond (2016)
“27 RCW a new section to read as follows: Duties of the prosecuting attorney, as set forth in RCW 36.27.020, shall in any county entering into a contract pursuant to section 2 of this act, be modified to the extent and in the manner provided by the contract.”
Fritz v. Gorton (1974)
“RCW 36.27.020. They have been legislatively enlarged from time to time.”
In re Appointment of Special Deputy Prosecuting Attorney (2019)
“¶ 18 The prosecutor's enumerated statutory duties are found in RCW 36.27.020. Concerning those duties, Division Two of the Court of Appeals correctly observed in Fisher v.”
In Re the Recall of Lindquist (2011)
“The petition essentially makes two (2) substantive charges, namely that Mark Evans Lindquist, as Pierce County Prosecuting Attorney, committed misfeasance and/or malfeasance of office and violated his Oath of Office for (i) declining to perform his statutorily mandated duty (RCW…”
Fuqua v. Fuqua (1977)
“120(2) (c) provides: The clerk of the court shall, if the party fails to make required payment, send by first class mail notice of the arrearage to the obligor.”
State v. Sanchez (2002)
“005, which provides that prosecuting attorneys “appear for and represent the state” and RCW 36.27.020(4), stating that the prosecuting attorney shall prosecute “all criminal and civil actions in which the state or the county may be a party.”
Fisher v. Clem (1980)
“In sum, petitioner contended that the sole issue properly before the court "is whether or not the statute [RCW 36.27.020] 1 . . . obligates the Prosecuting Attorney .”
State v. Tracer (2012)
“See RCW 36.27.020(3). When a prosecuting attorney is unable to perform his or her official duties, a court is empowered to appoint a replacement prosecuting attorney under RCW 36.”
State v. Cook (1974)
“Cook that the language of RCW 36.27.020 (3) and (4), requiring a prosecuting attorney or his qualified deputy to “[ajppear for and represent the state .”
— Wash. Rev. Code § 36.27.020(1) — 9 cases
State ex rel. Banks v. Drummond (2016)
“27 RCW a new section to read as follows: Duties of the prosecuting attorney, as set forth in RCW 36.27.020, shall in any county entering into a contract pursuant to section 2 of this act, be modified to the extent and in the manner provided by the contract.”
Osborn v. Grant County (1996)
“King County, we held: [NJothing in the duties of the prosecuting attorney (RCW 36.27.020) requires that officer to bring an action simply because a request is made by another county officer or to provide legal representation.”
In re the Recall of Sandhaus (1998)
In Re Recall of Sandhaus (1998)
— Wash. Rev. Code § 36.27.020(13) — 2 cases
State v. Watson (2005)
State v. Watson (2005)
— Wash. Rev. Code § 36.27.020(2) — 11 cases
Osborn v. Grant County (1996)
“King County, we held: [NJothing in the duties of the prosecuting attorney (RCW 36.27.020) requires that officer to bring an action simply because a request is made by another county officer or to provide legal representation.”
Fuqua v. Fuqua (1977)
“120(2) (c) provides: The clerk of the court shall, if the party fails to make required payment, send by first class mail notice of the arrearage to the obligor.”
Lee v. Jasman (2014)
“¶89 Under RCW 36.27.020, The prosecuting attorney shall: (2) Be legal adviser to all county and precinct officers .”
— Wash. Rev. Code § 36.27.020(3) — 12 cases
State v. Tracer (2012)
“See RCW 36.27.020(3). When a prosecuting attorney is unable to perform his or her official duties, a court is empowered to appoint a replacement prosecuting attorney under RCW 36.”
State v. Cook (1974)
“Cook that the language of RCW 36.27.020 (3) and (4), requiring a prosecuting attorney or his qualified deputy to “[ajppear for and represent the state .”
Osborn v. Grant County (1996)
“King County, we held: [NJothing in the duties of the prosecuting attorney (RCW 36.27.020) requires that officer to bring an action simply because a request is made by another county officer or to provide legal representation.”
Lee v. Jasman (2014)
“¶89 Under RCW 36.27.020, The prosecuting attorney shall: (2) Be legal adviser to all county and precinct officers .”
Whatcom County v. State (2000)
— Wash. Rev. Code § 36.27.020(4) — 18 cases
State v. Sanchez (2002)
“005, which provides that prosecuting attorneys “appear for and represent the state” and RCW 36.27.020(4), stating that the prosecuting attorney shall prosecute “all criminal and civil actions in which the state or the county may be a party.”
Fritz v. Gorton (1974)
“RCW 36.27.020. They have been legislatively enlarged from time to time.”
State v. Haner (1981)
Osborn v. Grant County (1996)
“King County, we held: [NJothing in the duties of the prosecuting attorney (RCW 36.27.020) requires that officer to bring an action simply because a request is made by another county officer or to provide legal representation.”
— Wash. Rev. Code § 36.27.020(5) — 1 case
Fritz v. Gorton (1974)
“RCW 36.27.020. They have been legislatively enlarged from time to time.”
— Wash. Rev. Code § 36.27.020(6) — 1 case
In Re the Recall of Lindquist (2011)
“The petition essentially makes two (2) substantive charges, namely that Mark Evans Lindquist, as Pierce County Prosecuting Attorney, committed misfeasance and/or malfeasance of office and violated his Oath of Office for (i) declining to perform his statutorily mandated duty (RCW…”
— Wash. Rev. Code § 36.27.020(9) — 2 cases
In re Recall of Weyrich (2024)
— Wash. Rev. Code § 36.27.020(d) — 1 case
— Wash. Rev. Code § 36.27.020(l) — 1 case
State ex rel. Banks v. Drummond (2016)
“27 RCW a new section to read as follows: Duties of the prosecuting attorney, as set forth in RCW 36.27.020, shall in any county entering into a contract pursuant to section 2 of this act, be modified to the extent and in the manner provided by the contract.”
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