Wash. Rev. Code » Title 4 · Chapter 4.92
Revised Code of Washington

Wash. Rev. Code § 4.92.070 (2026)

✓ current as of May 2026
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If the attorney general shall find that said officer, employee, or volunteer's acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties, or, in the case of a foster parent, that the occurrence arose from the good faith provision of foster care services, said request shall be granted, in which event the necessary expenses of the defense of said action or proceeding relating to a state officer, employee, or volunteer shall be paid as provided in RCW 4.92.130. In the case of a foster parent, necessary expenses of the defense shall be paid from the appropriations made for the support of the department to which such foster parent is attached. In such cases the attorney general shall appear and defend such officer, employee, volunteer, or foster parent, who shall assist and cooperate in the defense of such suit. However, the attorney general may not represent or provide private representation for a foster parent in an action or proceeding brought by the department of social and health services against that foster parent.
[ 1999 c 163 s 5; 1989 c 403 s 3; 1986 c 126 s 6; 1985 c 217 s 2; 1975 1st ex.s. c 126 s 2; 1975 c 40 s 2; 1921 c 79 s 2; RRS s 890-2.]

Notes:

Effective date—1999 c 163: See note following RCW 4.92.130.
Findings—1989 c 403: See note following RCW 4.92.060.
Notes of Decisions
Cited in 11 cases, 1977–2009 · leading case: State v. Herrmann, 572 P.2d 713 (Wash. 1977).
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State v. Herrmann, 572 P.2d 713 (Wash. 1977). · cites it 20× “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). · cites it 6× “Graham has standing to request that the court determine whether he has a right to defense and indemnification from the State under RCW 4.92.070, .075 and .130, regardless of whether the County will defend him if he does not.”
Taggart v. State, 822 P.2d 243 (Wash. 1992). · cites it 2× “RCW 4.92.070. Similarly, the costs of any judgment against the defendant officer in such a proceeding will be satisfied by the State.”
Stansfield v. Douglas Cnty., 27 P.3d 205 (Wash. Ct. App. 2001). · cites it 3× “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). · cites it 3× “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 4.92.070, if the attorney general finds that the employee’s acts or omissions were, or were purported to be, in good faith and performed within the scope of that person’s official duties, she must grant the request.”
Sanders v. State, 207 P.3d 1245 (Wash. 2009). “The legislature has not limited the attorney general's duty to represent judges accused of violating the Code of Judicial Conduct.”
Shutt v. Moore, 613 P.2d 1188 (Wash. Ct. App. 1980). “When the Attorney General entered the case on behalf of the defendants, as required by RCW 4.92.070, Mr. Shutt named the Attorney General and assistant attorney general handling the case as defendants as well.”
Sanders v. State, 166 Wash. 2d 164 (Wash. 2009). “The legislature has qualified the attorney general’s duty to defend when a state officer is sued for damages (RCW 4.92.070) and when a state officer is accused of a crime (RCW 10.”
Sanders v. State, 159 P.3d 479 (Wash. Ct. App. 2007). · cites it 2× “If the attorney general finds that the officer's acts "were, or were purported to be in good faith, within the scope of that person's official duties," the request for a public defense shall be granted.”
Sanders v. State, 139 Wash. App. 200 (Wash. Ct. App. 2007). · cites it 2× “RCW 4.92.070; see Herrmann, 89 Wn.2d at 356 (attorney general has sole discretion under RCW 4.”
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