Wash. Rev. Code » Title 36 · Chapter 36.27
Revised Code of Washington

Wash. Rev. Code § 36.27.030 (2026)

Disability of prosecuting attorney

✓ current as of May 2026
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When from illness or other cause the prosecuting attorney is temporarily unable to perform his or her duties, the court or judge may appoint some qualified person to discharge the duties of such officer in court until the disability is removed.
When any prosecuting attorney fails, from sickness or other cause, to attend a session of the superior court of his or her county, or is unable to perform his or her duties at such session, the court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall receive a compensation to be fixed by the court, to be deducted from the stated salary of the prosecuting attorney, not exceeding, however, one-fourth of the quarterly salary of the prosecuting attorney: PROVIDED, That in counties wherein there is no person qualified for the position of prosecuting attorney, or wherein no qualified person will consent to perform the duties of that office, the judge of the superior court shall appoint some suitable person, a duly admitted and practicing attorney-at-law and resident of the state to perform the duties of prosecuting attorney for such county, and he or she shall receive such reasonable compensation for his or her services as shall be fixed and ordered by the court, to be paid by the county for which the services are performed.
[ 2009 c 549 s 4046; 1963 c 4 s 36.27.030. Prior: (i) 1891 c 55 s 5; RRS s 114. (ii) 1893 c 52 s 1; 1886 p 62 s 14; 1883 p 74 s 19; Code 1881 s 2166; 1879 p 95 s 14; 1877 p 248 s 15; 1863 p 409 s 6; 1860 p 335 s 5; 1858 p 13 s 6; 1854 p 417 s 6; RRS s 4135.]
Notes of Decisions
Cited in 22 cases, 1957–2019 · leading case: State v. Tracer, 272 P.3d 199 (Wash. 2012).
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State v. Tracer, 272 P.3d 199 (Wash. 2012). · cites it 17× “Whether RCW 36.27.030 authorizes a trial court to appoint a special deputy prosecuting attorney, and whether Harrison was qualified to serve as a special deputy prosecuting attorney.”
In re Appointment of Special Deputy Prosecuting Attorney, 446 P.3d 160 (Wash. 2019). · cites it 18× “At issue is whether the Franklin County Superior Court judges validly issued an order of appointment under RCW 36.27.030, thereby securing their own special deputy prosecuting attorney to pursue a separate civil suit.”
Westerman v. Cary, 892 P.2d 1067 (Wash. 1995). · cites it 7× “In a letter to Brockett dated October 29, 1992, Judge Cary explained the court’s belief that a conflict existed that disabled him and his office from representing the court in this matter under RCW 36.27.030. In his response dated November 2, 1992, Brockett disagreed, stating…”
State ex rel. Banks v. Drummond, 385 P.3d 769 (Wash. 2016). · cites it 4× “RCW 36.27.030 authorizes a judge (not a board of commissioners) to temporarily replace a prosecuting attorney if the attorney is “unable to perform his [or her] duties.”
Hoppe v. King Cnty., 622 P.2d 845 (Wash. 1980). · cites it 4× “010 upon the King County Levy Ordinance and 1979 property tax collections which are the subject of this action We disagree and hold that: (1) Hoppe has no standing; (2) the prosecuting attorney had no obligation to represent Hoppe and thus the appointment of special prosecutors…”
Herron v. McClanahan, 625 P.2d 707 (Wash. Ct. App. 1981). · cites it 3× “3 Lopp argues that upon recognizing the conflict of interest, Herron should have declared himself disabled under RCW 36.27.030, necessitating that the court appoint a suitable person to discharge the prosecutor's duties.”
State v. Stenger, 760 P.2d 357 (Wash. 1988). · cites it 2× “See also RCW 36.27.030; RCW 36.27.040. 14 See Laughlin, at 113-14.”
Osborn v. Grant Cnty., 926 P.2d 911 (Wash. 1996). · cites it 2× “2d 1067 (1994); RCW 36.27.030. See also Hoppe v. King County, 95 Wn.”
State v. TRACER, 229 P.3d 847 (Wash. Ct. App. 2010). · cites it 13× “Specifically, the State argued that the trial court had exceeded its statutory authority to appoint special prosecutors under former RCW 36.27.030 (1963) and it had, therefore, violated the separation of powers doctrine.”
State v. Tracer, 155 Wash. App. 171 (Wash. Ct. App. 2010). · cites it 12× “Specifically, the State argued that the trial court had exceeded its statutory authority to appoint special prosecutors under former RCW 36.27.030 (1963) and it had, therefore, violated the separation of powers doctrine.”
Lee v. Jasman, 332 P.3d 1106 (Wash. Ct. App. 2014). “When from illness or other cause the prosecuting attorney is temporarily unable to perform his [or her] duties, the court or judge may appoint some qualified person to discharge the duties of such officer in court until the disability is removed.”
In Re Lewis, 316 P.2d 907 (Wash. 1957). “[12] When the prosecutor declined to appear, the court was authorized to appoint a special prosecutor, under RCW 36.27.030, which provides for the appointment of such a prosecutor when the prosecutor fails, from sickness or other cause, to attend court.”
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