Revised Code of Washington
Wash. Rev. Code § 4.92.060 (2026)
✓ current as of May 2026
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Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, employee, volunteer, or foster parent licensed in accordance with chapter 74.15 RCW, arising from acts or omissions while performing, or in good faith purporting to perform, official duties, or, in the case of a foster parent, arising from the good faith provision of foster care services, such officer, employee, volunteer, or foster parent may request the attorney general to authorize the defense of said action or proceeding at the expense of the state.
[ 1989 c 403 s 2; 1986 c 126 s 5; 1985 c 217 s 1; 1975 1st ex.s. c 126 s 1; 1975 c 40 s 1; 1921 c 79 s 1; RRS s 890-1.]
Notes:
Findings—1989 c 403: "The legislature finds and declares that foster parents are a valuable resource providing an important service to the citizens of Washington. The legislature further recognizes that the current insurance crisis has adversely affected some foster family homes in several ways: (1) In some locales, foster parents are unable to obtain liability insurance coverage over and above homeowner's or tenant's coverage for actions filed against them by the foster child or the child's parents or legal guardian. In addition, the monthly payment made to foster family homes is not sufficient to cover the cost of obtaining this extended coverage and there is no mechanism in place by which foster parents can recapture this cost; (2) foster parents' personal resources are at risk. Therefore, the legislature is providing relief to address these problems." [ 1989 c 403 s 1.]
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1977–2025 · leading case: State v. Herrmann, 572 P.2d 713 (Wash. 1977).
State v. Herrmann, 572 P.2d 713 (Wash. 1977). “" Herrmann cited RCW 4.92.060 and RCW 4.92.070 and stated: "There can be no doubt, therefore, that I am entitled to legal representation at the expense of the taxpayers in the same way as these same taxpayers are burdened by the cost of your endeavors.”
Whatcom Cnty. v. State, 993 P.2d 273 (Wash. Ct. App. 2000). “The Whatcom County Prosecutor tendered Graham’s defense to the Attorney General pursuant to RCW 4.92.060 1 and 4.92.070 2 on the grounds that Graham was acting on behalf of the State of Washington, not the County, when he advised Weisenburger that Monroe could be released.”
Stansfield v. Douglas Cnty., 27 P.3d 205 (Wash. Ct. App. 2001). “The Attorney General declined to either defend or indemnify the Whatcom County Deputy Prosecuting Attorney, asserting that the deputy was acting as an agent of the county and not of the state.”
Stansfield v. Douglas Cnty., 27 P.3d 205 (Wash. Ct. App. 2001). “The Attorney General declined to either defend or indemnify the Whatcom County Deputy Prosecuting Attorney, asserting that the deputy was acting as an agent of the county and not of the state.”
Hardesty v. Stenchever, 917 P.2d 577 (Wash. Ct. App. 1996). “Under RCW 4.92.060, a state employee sued for damages arising from acts or omissions while.”
Miguel A. Figueroa-Rodriguez v. Jorge L. Aquino, Etc., 863 F.2d 1037 (1st Cir. 1988). “8 (1984); Wash.Rev.Code Ann. §§ 4.92.060, 4.92.070 (1986); W.”
Issel v. State, 694 P.2d 34 (Wash. Ct. App. 1984). “…state officers or employees in ciuil proceedings allows the employee to apply directly to the Attorney General. See RCW 4.92.060, .070.”
Sanders v. State, 159 P.3d 479 (Wash. Ct. App. 2007). “¶ 19 An example, RCW 4.92.060, provides that when a state officer is sued for damages arising from "acts or omissions while performing, or in good faith purporting to perform, official duties," such officer may ask the attorney general to authorize a defense at the State's…”
Washington Counties Risk Pool v. Tamara Corter (Wash. Ct. App. 2016). “, RCW 4.92.060 (state defense of an action for damages may be requested by a state official, employee, or volunteer "arising from acts or omissions while performing, or in good faith purporting to perform, official duties"); .”
William Curry, Jr. v. Tammy Boylan (9th Cir. 2020). “See Wash. Rev. Code §§ 4.92.060 , 4.92.070 (discussing circumstances under which a state officer is entitled to the Attorney General’s legal representation).”
Lyall v. Zieve (W.D. Wash. 2025). “2023) (discussing 23 RCW 4.92.060 and 4.92.070; affirming that state employees acting within the scope 1 of their employment can request the State to defend them, and the Attorney 2 General must grant the request if the acts were in good faith within the scope of 3 their…”
Nichols v. Hanson, 798 P.2d 1184 (Wash. Ct. App. 1990). “Hanson requested that the Attorney General's office represent her pursuant to RCW 4.92.060. 1 The Attorney General's office granted the request after finding that the acts complained of arose in connection with Ms.”
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