Revised Code of Washington

Wash. Rev. Code § 43.10.067 (2026)

Employment of attorneys by others restricted

✓ current as of May 2026
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No officer, director, administrative agency, board, or commission of the state, other than the attorney general, shall employ, appoint or retain in employment any attorney for any administrative body, department, commission, agency, or tribunal or any other person to act as attorney in any legal or quasi legal capacity in the exercise of any of the powers or performance of any of the duties specified by law to be performed by the attorney general, except where it is provided by law to be the duty of the judge of any court or the prosecuting attorney of any county to employ or appoint such persons: PROVIDED, That RCW 43.10.040, and 43.10.065 through 43.10.080 shall not apply to the administration of the commission on judicial conduct, the state law library, the law school of the state university, the administration of the state bar act by the Washington State Bar Association, or the representation of an estate administered by the director of the department of revenue or the director's designee pursuant to chapter 11.28 RCW.
The authority granted by chapter 1.08 RCW, RCW 44.28.065, and 47.01.061 shall not be affected hereby.
[ 1997 c 41 s 9. Prior: 1987 c 364 s 1; 1987 c 186 s 7; prior: 1985 c 133 s 2; 1985 c 7 s 108; 1981 c 268 s 1; 1965 c 8 s 43.10.067; prior: (i) 1941 c 50 s 2; Rem. Supp. 1941 s 11034-4. (ii) 1941 c 50 s 4; Rem. Supp. 1941 s 11034-6. Formerly RCW 43.01.080.]
Notes of Decisions
Cited in 8 cases, 1977–2014 · leading case: Goldmark v. McKenna, 259 P.3d 1095 (Wash. 2011).
Goldmark v. McKenna, 259 P.3d 1095 (Wash. 2011). · cites it 6× “¶ 8 Moreover, only the attorney general, or an SAAG appointed by the attorney general, may represent the commissioner in legal proceedings since RCW 43.10.067 prohibits the commissioner from hiring outside counsel.”
Washington Med. Disciplinary Bd. v. Johnston, 663 P.2d 457 (Wash. 1983). · cites it 6× “630 (1915), this court examined the meaning of RCW 43.10.067, which pertains to the employment of attorneys other than the Attorney General.”
State v. Herrmann, 572 P.2d 713 (Wash. 1977). · cites it 4× “040, RCW 43.10.067 and RCW 48.02.080 provide the Insurance Commissioner with a statutory right to a defense at public expense.”
Robbins Geller Rudman & Dowd LLP v. Off. of Attorney Gen., 179 Wash. App. 711 (Wash. Ct. App. 2014). “RCW 43.10.067. Robbins Geller has not pointed to evidence that the documents were supplied to or used by the WSIB.”
Spokane Cnty. v. Utils. & Transp. Comm'n, 737 P.2d 1022 (Wash. Ct. App. 1987). “As noted by WUTC, state agencies do not employ assistant attorneys general; RCW 43.10.067 gives that power only to the independent office of the Attorney General.”
Sanders v. State, 159 P.3d 479 (Wash. Ct. App. 2007). · cites it 2× “[6] Sections 2 and 4 of the session law were codified at RCW 43.10.067, which provides that no state officer, agency, board, or commission shall employ an attorney other than the attorney general to perform any duty specified to be performed by the attorney general.”
Sanders v. State, 139 Wash. App. 200 (Wash. Ct. App. 2007). “067, which provides that no state officer, agency, board, or commission shall employ an attorney other than the attorney general to perform any duty specified to be performed by the attorney general. Laws of 1941, ch. 50, §§ 2, 4.”
State v. Hood, 611 P.2d 758 (Wash. 1980). “RCW 43.10.067 *608 requires all boards and other state agencies to rely exclusively upon the advice of the Attorney General, with exceptions not relevant here.”
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