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2014 Op. Wash. Att'y Gen. 1 (2014)

handle is hein.sag/sagwa2014 and id is 1 raw text is: VACANCY-CONSTITUTION-COUNTIES-ATTORNEY, PROSECUTING-
COUNTY COMMISSIONER-POLITICAL PARTIES-Process For
Appointing A New County Prosecuting Attorney To Fill A Vacancy
1. If the county commission appoints a person to fill a vacancy in the
office of county prosecuting attorney within 6o days of the vacancy
occuring, but the appointee declines to accept the position, the
authority to fill the vacancy does not transfer to the governor 6o
days after the initial vacancy arose.
2. If an individual appointed by a county commission to fill a vacancy
in the office of county prosecuting attorney declines to accept the
position, the county commission may request that the relevant
political party provide a new list of three nominees.
3. The county commission lacks the authority to appoint a person who
has not been nominated by the relevant political party to fill a
vacancy in the office of county prosecuting attorney.
4. If the county commission appoints an individual who has not been
nominated by the relevant political party to fill a vacancy in the
office of county prosecuting attorney, that individual lacks the legal
authority to act as prosecuting attorney.
January 13, 2014
The Honorable Gerald Fuller                   Cite As:
Interim Grays Harbor Prosecutor               AGO 2014 No. 1
102 W Broadway Room 102
Montesano, WA 98563
Dear Prosecutor Fuller:
You have requested our opinion on four questions regarding the
procedures for filling a vacated county prosecuting attorney position in a
county that has not adopted a charter form of government. I have
rephrased and reordered your questions as follows:
1. When an elected county prosecutor vacates the office, the
person appointed to fill the vacancy declines the office,
and 6o days elapse after the initial vacancy arises, does the
authority to make the appointment transfer from the
county commission to the governor?
[original page 2]
2. When a county commission appoints an individual to fill a
vacant prosecuting attorney's office, and the individual
declines to take the position, is the county commission

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