Revised Code of Washington
Wash. Rev. Code § 36.27.040 (2026)
✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 5068.SL) ***
The prosecuting attorney may appoint one or more deputies who shall have the same power in all respects as their principal. Each appointment shall be in writing, signed by the prosecuting attorney, and filed in the county auditor's office. Each deputy thus appointed shall have the same qualifications required of the prosecuting attorney, except that such deputy need not be a resident of the county in which he or she serves nor a qualified elector therein. Each deputy appointed must be a citizen of the United States or a lawful permanent resident. The prosecuting attorney may appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the purposes stated in the writing signed by the prosecuting attorney and filed in the county auditor's office. Such special deputy prosecuting attorney shall be admitted to practice as an attorney before the courts of this state but need not be a resident of the county in which he or she serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest with the purpose for which he or she has been engaged by the prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his or her deputies and may revoke appointments at will.
Two or more prosecuting attorneys may agree that one or more deputies for any one of them may serve temporarily as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys. Any such deputy thus serving shall have the same power in all respects as if he or she were serving permanently.
The provisions of chapter 39.34 RCW shall not apply to such agreements.
The provisions of RCW 41.56.030(12) shall not be interpreted to permit a prosecuting attorney to alter the at-will relationship established between the prosecuting attorney and his or her appointed deputies by this section for a period of time exceeding his or her term of office. Neither shall the provisions of RCW 41.56.030(12) require a prosecuting attorney to alter the at-will relationship established by this section.
[ 2024 c 11 s 2; 2009 c 549 s 4047; 2000 c 23 s 2; 1975 1st ex.s. c 19 s 2; 1963 c 4 s 36.27.040. Prior: 1959 c 30 s 1; 1943 c 35 s 1; 1903 c 7 s 1; 1891 c 55 s 6; 1886 p 63 s 17; 1883 p 76 s 23; Code 1881 s 2142; 1879 p 95 s 16; Rem. Supp. 1943 s 115.]
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1962–2024 · leading case: Corey v. Pierce Cnty., 225 P.3d 367 (Wash. Ct. App. 2010).
Corey v. Pierce Cnty., 225 P.3d 367 (Wash. Ct. App. 2010). “According to the County, Corey could not have justifiably relied on the promise of just cause termination because RCW 36.27.040, RCW 41.56.030(2), and the Pierce County Charter allow only for at will employment for deputy prosecutors.”
Spokane Cnty. v. State, 966 P.2d 305 (Wash. 1998). “030, the statute defining the term “public employee,” and RCW 36.27.040, the statute providing authority to an elected prosecutor to appoint deputies.”
State v. Benn, 845 P.2d 289 (Wash. 1993). “Delegations of the prosecutor's authority do not vitiate what is an agency relationship between the prosecutor and his or her deputies or designees.”
State v. Stenger, 760 P.2d 357 (Wash. 1988). “The court having considered the motion, "Now, Therefore, It Is Hereby Ordered: " (1) The motion for reconsideration is denied; and " (2) The Clark County Superior Court and the special prosecuting attorney appointed by that court on June 7,1988 shall continue to proceed with the…”
Spokane Co. v. State Ex Rel. Co. Comrs., 966 P.2d 305 (Wash. 1998). “030(2)(b) provides an exception to the definition of "public employee," stating that a "public employee" is "any employee of a public employer except any person .”
In re Appointment of Special Deputy Prosecuting Attorney, 446 P.3d 160 (Wash. 2019). “The Franklin County Prosecuting Attorney Shawn Sant appointed a special deputy prosecuting attorney pursuant to RCW 36.27.040 to represent Clerk Killian with respect to any contempt or other legal action that the judges threatened to pursue.”
Herron v. McClanahan, 625 P.2d 707 (Wash. Ct. App. 1981). “2 To satisfy the statute, and at the same time avoid the obvious conflict of interest, Herron requested that McClanahan review the recall charges as a temporary or special deputy prosecuting attorney for Pierce County, appointed under RCW 36.27.040. That statute provides in…”
State v. Carroll, 500 P.2d 115 (Wash. 1972). “” All of the quoted language is in the first part of the section.”
State v. Cook, 525 P.2d 761 (Wash. 1974). “" RCW 36.27.040. Because the prosecuting attorney and his deputies hold offices created by the state constitution, they are in law public officials.”
Smith v. Okanogan Cnty., 994 P.2d 857 (Wash. Ct. App. 2000). “He did provide copies of (1) the oaths of office for each attorney in the office; (2) RCW 36.27.040, which provides authority for the appointment of deputy prosecutors; (3) the current bond; and (4) the current errors and omissions policy.”
Smith v. Okanogan Cnty., 100 Wash. App. 7 (Wash. Ct. App. 2000). “He did provide copies of (1) the oaths of office for each attorney in the office; (2) RCW 36.27.040, which provides authority for the appointment of deputy prosecutors; (3) the current bond; and (4) the current errors and omissions policy.”
State v. Gibson, 490 P.2d 874 (Wash. 1971). “Acheson's written appointment as a deputy, as required by RCW 36.27.040. Appellant did not object at the time of trial.”
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