Washington Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Washington, with full citations and the original source on every page.
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How could a person with a Washington conviction regain firearm possession rights under the statutes examined in 2002?
The Attorney General concluded in 2002 that RCW 9.41.040 controlled loss and restoration of firearm rights; a general dismissal or vacation did not by itself suffice. Eligible offenders could use…
Did Washington’s body-gripping-trap prohibition cover spring-loaded mole traps that pierced the animal?
The Attorney General concluded in 2002 that a spring trap impaling a mole was a body-gripping trap under RCW 77.15.192. The opinion read Initiative 713 to prohibit the described trap and found it…
Were associations of Washington counties, cities, and ports subject to the public records provisions considered in 2002?
The Attorney General concluded in 2002 that the named associations were not agencies under the statute’s definition, but could be functional equivalents of agencies for public records purposes. It…
Could a Washington rural county spend its special sales tax revenue on fiber-optic equipment owned by a private utility?
The Attorney General concluded in 2002 that RCW 82.14.370 revenue could not fund fiber-optic cable and switching equipment owned and operated by a private company or cooperative, even though it was…
Was the Washington House rule requiring both co-speakers’ consent to bring business before the House unconstitutional?
The Attorney General concluded in 2001 that courts were unlikely to invalidate the temporary co-speaker rule, especially while a House majority retained ways to suspend, amend, or repeal it. The…
Were Washington police accident investigation reports confidential under RCW 46.52.080?
The Attorney General concluded in 2001 that an officer’s accident investigation report was not automatically confidential under RCW 46.52.080 and was generally open to inspection and copying. A…
Could a Washington public utility district finance customer pellet stoves or renewable energy systems as conservation measures?
The Attorney General concluded in 2001 that article VIII, section 10 and RCW 54.16.280 did not authorize financing pellet stoves, solar, wind, geothermal, or small hydro systems on private property…
Could a Washington superior court require its county clerk to file received pleadings within three court days?
The Attorney General concluded in 2001 that a superior court could adopt that local filing rule. It could order a tardy clerk to file documents and, in appropriate circumstances, use contempt for…
Which public-facility costs could a Washington rural county pay with its local-option sales tax?
The Attorney General concluded in 2001 that RCW 82.14.370 revenue could pay acquisition, construction, design, permitting, environmental, and related costs for qualifying public facilities.…
How did removing a landowner voting rule affect Washington conservation district elections?
The Attorney General concluded in 2001 that the 1999 removal of the property qualification brought conservation district supervisor elections under general election laws then in RCW Title 29,…
Could Washington public utility or rural port districts sell excess telecommunications capacity directly to customers?
The Attorney General concluded in 2001 that the then-current statutes barred PUDs and rural port districts from selling or leasing telecom services or facilities to end users, including…
Would Washington’s proposed tax on motor fuel have to be spent only on highways?
The Attorney General concluded in 2001 that a true per-gallon fuel tax had to support highway purposes, while an ordinary value-based sales tax generally did not. The proposed capped wholesale tax…
Could a Washington city add street-lighting costs to water, sewer, electric, or transit utility bills?
The Attorney General concluded in 2001 that cities and towns lacked authority to treat street lighting as a utility service or charge utility customers for its cost. Street lighting was a general…
Could a Washington municipality spend lodging tax revenue on a privately owned tourism facility?
The Attorney General concluded in 2000 that lodging tax revenue could fund acquisition or operation of a tourism-related facility only when the municipality held an ownership interest, potentially…
Could a Washington code city hire a private company to build, lease, or run its jail?
The Attorney General concluded in 2000 that a code city could hire a private contractor to construct a jail, but could not lease a jail from a private owner or delegate overall jail management,…
Who paid for Washington SSOSA treatment when a sex offense was charged before age 18?
The Attorney General concluded in 2000 that the Department of Corrections, rather than the county, paid for treatment under a special sex offender sentencing alternative when the charge was filed…
Could a Washington first-class city elect newly created officers at an even-year state election?
The Attorney General concluded in 2000 that a first-class city could hold a one-time special election for initial shortened terms of newly created charter offices alongside an even-year state…
Could Washington invest its prepaid college tuition account in private company stocks without a constitutional amendment?
The Attorney General concluded in 2000 that the State Investment Board could invest the advanced college tuition account in corporate stocks and other equities under its statutory authority. The…
Did Washington campaign contribution limits apply to ordinary bank loans to candidates or their committees?
The Attorney General concluded in 2000 that qualifying commercial campaign loans without a third-party guarantor were exempt from contribution limits, though still reportable. Use of campaign…
Were farm conservation plans held by Washington conservation districts open to public inspection in 2000?
The Attorney General concluded in 2000 that farm plans prepared or held by conservation districts were public records and generally disclosable under state law. Particular information might qualify…
Could a Washington county refuse to contract with a city to handle city-referred misdemeanor cases?
The Attorney General concluded in 2000 that RCW 39.34.180 did not force a county to enter a city misdemeanor-services contract. Once the county agreed to contract and compensation was disputed,…
Could a Washington boundary review board add land to a city annexation proposed by property-owner petition?
The Attorney General concluded in 2000 that a boundary review board could add land to a direct-petition annexation proposal without invalidating a previously sufficient petition. The city could then…
Would proposed Washington Initiative 695 have restored property tax on motor vehicles?
An informal AG staff opinion in October 1999 did not give a firm answer before the vote. It said repeal of the vehicle-tax exemption could reasonably be read to restore ad valorem tax, while other…
Could Washington county commissioners place their own alternative to a freeholders’ proposed home-rule charter on the ballot?
The Attorney General concluded in 1999 that only the elected board of freeholders could submit alternatives to its proposed new county charter. County commissioners or others could not add competing…
Could Washington’s Gambling Commission classify electronic video pull-tabs as ordinary pull-tabs?
The Attorney General concluded in 1999 that the commission could refine the statutory pull-tab definition but could not include screen-only video pull-tabs, because a physical folded ticket or card…
Did Washington law bar hiring 18-to-20-year-olds as police officers, prison guards, firefighters, or paramedics?
The Attorney General concluded in 1999 that Washington state law imposed no general age-21 minimum for those jobs and did not indirectly bar qualified 18-to-20-year-olds from their necessary duties.…
Should Washington election officials count votes for a candidate who died before election day?
The Attorney General concluded in 1999 that the deceased candidate’s name remained on the ballot absent a lawful substitution and votes for that candidate counted. If the deceased candidate received…
Could Washington’s Commission on Judicial Conduct split investigation and hearing duties between separate member panels?
The Attorney General concluded in 1999 that the Commission could not divide its members into separate investigative and adjudicative panels under its existing constitutional authority. Prior…
Could Washington invest the principal of its permanent common school fund?
The Attorney General concluded in 1999 that the constitution allowed the Legislature to authorize investment of permanent common school fund principal. The “permanent and irreducible” requirement…
How was Washington public employee military leave counted for overnight or nonstandard shifts?
The Attorney General concluded in 1999 that one of the 15 annual military-leave days was used for each calendar date on which military duty prevented a public employee from working scheduled hours.…
Could a newly elected Washington city councilmember receive a pay raise enacted earlier in the unfinished term?
The Attorney General concluded in 1999 that a councilmember elected to finish an unexpired term could not receive a compensation change enacted during that term by the council. The restriction…
Could a Washington county ban audio or video recording at an open public meeting?
The 1998 AG opinion said a county could not ban recording of the open portion of a meeting covered by the Open Public Meetings Act. It could impose restrictions needed to keep order, and could…
Could a Washington public utility district sell Internet service or lease spare fiber capacity?
In 1998, the AG found no authority for a district to operate a separate Internet or telephone service business. It could lease genuinely excess fiber capacity installed for its electric utility…
Could Washington county clerks share confidential case details with other courts through the Judicial Information System?
The 1998 AG opinion said yes when statutes or court rules required the exchange for court functions. Providing appropriate juvenile or mental commitment information to the JIS did not itself violate…
Could a Washington university give individual raises above a budgeted average salary increase?
Under the 1997–99 budget, the AG said faculty and exempt staff raises could vary around the funded 3 percent average without overspending the appropriation. Other lawful funds could address…
Could a Washington county issue a presumptive death certificate when a missing boater’s body was never found?
The 1998 AG opinion said a coroner or equivalent official could issue one after an accident or natural disaster on sufficient evidence tied to the county or nearby waters. When the death location…
After voters rejected a change in city government, did Washington law require six years before another vote?
No. The Attorney General concluded in 1998 that the six-year condition measured how long a code city had operated under its existing plan, not the interval between failed votes. A successful change…
Could a Washington code city require a council member to chair its LEOFF disability board?
No. The Attorney General concluded in 1998 that a code city could not designate the chair of its LEOFF disability board by ordinance, even though the board statute did not specify a chair-selection…
Could Washington pay for fingerprint checks of private-school employees, including religious-school staff?
For the specific, unenacted 1998 bill sent to the Attorney General, yes: the opinion concluded that state-paid checks for current private-school staff would not be an unconstitutional gift or…
Must the largest city’s air pollution board representative be a city official chosen by its mayor?
No. For a single-county Washington air pollution control authority, the Attorney General concluded in 1998 that the representative of the largest city need not be an elected official or city…
Could Washington lawmakers transfer public-school supervision away from the Superintendent of Public Instruction?
No. The Attorney General concluded in 1998 that lawmakers could define the Superintendent’s duties and create other education agencies, but had to preserve the Superintendent’s constitutional…
Could Washington’s state treasurer reverse a reserve-fund transfer when later revenue forecasts changed?
No. In 1998 the Attorney General concluded that the Treasurer could not take money back from the emergency reserve or education construction fund after a transfer under Initiative 601. Legislative…
Did Washington’s Growth Management Act require counties to replat undeveloped lots recorded before 1937?
No. The Attorney General concluded in 1998 that the Act gave counties room to decide how to address old rural plats; it did not require blanket replatting. A county could still require new review of…
Could a Washington transit benefit area help pay for city or county road projects that improved its transit service?
The Attorney General concluded in 1998 that a public transportation benefit area could contract with a city or county in its service area to fund projects in public rights of way when they yielded…
Could a Washington agency release a list of individuals for business use if the requester would not solicit them?
The Attorney General concluded in 1998 that the then-current Public Disclosure Act barred disclosure of lists of individuals requested for a commercial purpose even without direct solicitation. The…
Could a Washington community college board raise its president’s pay beyond the legislative budget limit by signing a new contract?
The Attorney General concluded in 1998 that retaining or recontracting with an existing community college president did not bypass the salary-increase ceiling in RCW 28B.50.140(3). The board could…
How did Washington’s election rules apply when a third party qualified as a major party?
After the Reform Party’s 1996 result, the Attorney General concluded in 1997 that major-party status could extend beyond the next even-year election if no statewide partisan race appeared. A new…
Could a Washington city council hire a law firm and give itself sole control over the city’s legal advice?
The Attorney General concluded in 1997 that a mayor-council code city could use an appointed attorney or contract for legal services as its charter or ordinances provided. A council contracting with…
Could a Washington housing developer avoid a groundwater permit by drilling several small wells?
No, under the single-project facts posed in 1997. The Attorney General treated wells drilled by one developer around the same time for the same subdivision as one withdrawal; their combined domestic…
Could Washington connect private and religious colleges to its public K-20 education network?
The Attorney General concluded in 1997 that private colleges, including religiously affiliated ones, could join the planned K-20 network if they gave the state meaningful payment or services and the…
Did a Washington agency need full value and a hearing when transferring surplus property to another government?
In 1997 the Attorney General said an intergovernmental transfer under chapter 39.33 RCW had to bring the transferring government full value, interpreted flexibly to include services or other…
Could a Washington city council candidate file before completing one year of city residency?
Yes, under the statutes examined in 1997. The candidate had to be a registered city voter when filing, but the one-year city residency period had to be complete by election day. The Attorney General…
Were Hanford radiation diet surveys held by Washington health officials public records, and could names be withheld?
The Attorney General concluded in 1997 that the diet forms and dose analyses were public records, but participants’ names and addresses were exempt personal information; the remaining material was…
Did finishing a deferred or suspended misdemeanor sentence erase the conviction from a Washington criminal record?
No. The Attorney General concluded in 1997 that completing conditions did not authorize deletion of the conviction record. A deferred sentence could lead to withdrawal of a plea and dismissal for…
Did a Washington water system's approved but unused intertie qualify for the 1991 water-right modification process?
No. The AG concluded that the special process covered interties actually in use on January 1, 1991. For later interties, Ecology reviewed withdrawal limits and harm to existing water rights, while…
Could Washington’s convention center use a private developer for shared construction without ordinary public bidding?
For the specific 1996 expansion, the AG said yes to the extent needed to satisfy legislative conditions requiring a private funding commitment before detailed design. The state’s own portions still…
Could a Washington county maintain restricted federal roads at Hanford or regulate traffic there?
The 1996 AG opinion said the restricted federal roads were not county roads, so the county could not maintain them with ordinary county road funds. It could regulate traffic where federal law did…
Could Washington Fish and Wildlife commission administrative staff as enforcement officers?
No. In 1996, the AG read the statutes to require both appointment to a position with law enforcement duties and a commission. An honorary or backup commission for staff whose jobs lacked those…
Could one spouse be a Washington county commissioner while the other headed the county health department?
The 1996 AG opinion said the municipal contract interest ban did not prohibit this arrangement because the health department administrator held a public office and compensation arose from the…
Could Washington election officials accept the federal postcard form for voter registration and ongoing absentee ballots?
The 1996 AG opinion said officials could accept the federal form for permanent registration because it contained the required information, but state acceptance was discretionary under the Secretary…
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Attorney general opinions in Washington are written by the Washington Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.