Revised Code of Washington
Wash. Rev. Code § 43.10.090 (2026)
✓ current as of May 2026
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Upon the written request of the governor, the attorney general shall investigate violations of the criminal laws within this state.
If, after such investigation, the attorney general believes that the criminal laws are improperly enforced in any county, and that the prosecuting attorney of the county has failed or neglected to institute and prosecute violations of such criminal laws, either generally or with regard to a specific offense or class of offenses, the attorney general shall direct the prosecuting attorney to take such action in connection with any prosecution as the attorney general determines to be necessary and proper.
If any prosecuting attorney, after the receipt of such instructions from the attorney general, fails or neglects to comply therewith within a reasonable time, the attorney general may initiate and prosecute such criminal actions as he or she shall determine. In connection therewith, the attorney general shall have the same powers as would otherwise be vested in the prosecuting attorney.
From the time the attorney general has initiated or taken over a criminal prosecution, the prosecuting attorney shall not have power or authority to take any legal steps relating to such prosecution, except as authorized or directed by the attorney general.
Notes:
Corporations, governor may require attorney general to investigate: RCW 43.06.010.
Prosecuting attorneys, governor may require attorney general to aid: RCW 43.06.010.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2000–2023 · leading case: In re the Pers. Restraint of Stenson, 76 P.3d 241 (Wash. 2003).
In re the Pers. Restraint of Stenson, 76 P.3d 241 (Wash. 2003). “020 and RCW 43.10.090. Neither of these statutes indicate that the prosecutor must be served with a personal restraint petition.”
State v. Bryant, 146 Wash. 2d 90 (Wash. 2002). “The court observed, additionally, that the attorney general of the State of Washington may “[cjonsult with and advise” prosecutors (RCW 43.10.030(4)) and may “take such action in connection with any prosecution as the attorney general determines to be necessary and proper.”
Whatcom Cnty. v. State, 993 P.2d 273 (Wash. Ct. App. 2000). “30 RCW 43.10.090. 31 Id. 32 Wash. Const. art.”
State v. Bryant, 42 P.3d 1278 (Wash. 2002). “" RCW 43.10.090. Consequently, the court concluded that "county prosecutors in Washington represent the State, not their counties, when prosecuting violations of state law.”
In Re Stenson, 76 P.3d 241 (Wash. 2003). “020 and RCW 43.10.090. Neither of these statutes indicate that the prosecutor must be served with a personal restraint petition.”
Krabach v. King Cnty. (W.D. Wash. 2023). “Plaintiff cites to RCW 43.10.090 to argue that the 5 Governor has more than a “generalized duty” to enforce the laws in Washington state.”
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