Wash. Rev. Code » Title 43 · Chapter 43.10
Revised Code of Washington

Wash. Rev. Code § 43.10.040 (2026)

Representation of boards, commissions and agencies

✓ current as of May 2026
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The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings, or proceedings, and advise all officials, departments, boards, commissions, or agencies of the state in all matters involving legal or quasi legal questions, except those declared by law to be the duty of the prosecuting attorney of any county.
[ 1965 c 8 s 43.10.040. Prior: 1941 c 50 s 1, part; Rem. Supp. 1941 s 11034-3, part.]
Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1957–2025 · leading case: Goldmark v. McKenna, 259 P.3d 1095 (Wash. 2011).
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Goldmark v. McKenna, 259 P.3d 1095 (Wash. 2011). · cites it 10× “In this case, we need only focus on a handful of statutes, RCW 43.10.040, 43.12.075, and 43.10.067, to determine the attorney general has a statutory duty to provide the commissioner with legal representation.”
Sanders v. State, 207 P.3d 1245 (Wash. 2009). · cites it 11× “RCW 43.10.040. ¶ 12 Although the parties discuss both statutes, RCW 43.”
Sanders v. State, 166 Wash. 2d 164 (Wash. 2009). · cites it 11× “*171 RCW 43.10.040. ¶12 Although the parties discuss both statutes, RCW 43.”
Cheek v. Emp. Sec. Dep't, 107 Wash. App. 79 (Wash. Ct. App. 2001). · cites it 3× “RCW 43.10.040. The trial court disagreed with Ms.”
State v. Herrmann, 572 P.2d 713 (Wash. 1977). · cites it 4× “The appellant also argues that RCW 43.10.040, RCW 43.10.067 and RCW 48.02.”
Black v. Dept. of Labor & Indus., 933 P.2d 1025 (Wash. 1997). “RCW 43.10.040. [9] Union Bay stressed it was expressly limited to the APA: Our ruling arises directly from the words of the APA and, for this reason, decisions applying the doctrine of substantial compliance to other statutes are not persuasive.”
Young Americans for Freedom v. Gorton, 588 P.2d 195 (Wash. 1978). · cites it 2× “RCW 43.10.040. In addition, RCW 28B.10.050 provides generally that the boards of regents or trustees of the state universities and colleges shall determine the entrance requirements for their respective institutions, and RCW 28B.”
City of Tacoma v. Taxpayers of Tacoma, 307 P.2d 567 (Wash. 1957). · cites it 2× “" *813 Under RCW 43.10.040, it is further provided that: "The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all…”
Reeves v. Dep't of Gen. Admin., 667 P.2d 1133 (Wash. Ct. App. 1983). “In support of this theory Reeves directs our attention to RCW 43.10.040 which unquestionably imposes upon the Attorney General the duty to represent "the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all…”
In Re the License Application of Botany Unlimited Design & Supply, LLC, 391 P.3d 605 (Wash. Ct. App. 2017). “3d 1095 (2011) (discussing attorney general’s duty); RCW 43.10.040 (attorney general to represent all departments and agencies of state government in all legal and quasi-legal actions).”
Burnett v. Dep't of Corr., 349 P.3d 42 (Wash. Ct. App. 2015). “Under RCW 43.10.040: The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings,…”
Aloha Lumber Corp. v. Dep't of Labor & Indus., 466 P.2d 151 (Wash. 1970). “140, the Attorney General is the legal adviser of the Department of Labor and Industries and of the Board of Industrial Insurance Appeals.”
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