wa law help how to serve prosecuting attorney

by Mr. Edison Spinka Published 2 years ago Updated 1 year ago 5 min read

Is the county prosecuting attorney an elective or partisan office?

Jan 30, 1952 · Jones, 200 Wash. 241, 93 P. (2d) 326, the court interpreted section 4138, supra, upholding a strict construction thereof, and in such case did not approve compensation to a prosecutor from a private individual for legal services where the prosecuting attorney had also handled a criminal prosecution based upon the same facts. The court also approved generally …

Can the county commission appoint its own prosecuting attorney?

WAPA serves as a voice for county prosecutors at the state and national levels, and acts as a liaison between counties and other levels of government through research, training, and lobbying. It is our mission to render support and assistance to the prosecuting attorneys of Washington State, and their staff. Support and assistance may be direct by providing services and materials …

How do you fill a vacancy in the Prosecutor's Office?

When any prosecuting attorney fails, from sickness or other cause, to attend a session of the superior court of his or her county, or is unable to perform his or her duties at such session, the court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall receive a compensation to be fixed by the court, to be deducted from the …

What happens when a county prosecutor vacates the office?

washington state prosecuting attorney family support divisions adams county address: 425 east main, suite 500 othello, wa 99344 phone: (509) 488-2064 fax: (509) 488-6588 * * * * * asotin county address: 135 2nd street, ste 210 asotin, wa 99402 mailing: p.o. box 864 asotin, wa 99402 phone: (509) 243-2065 fax: (509) 243-4917 * * * * * benton county

How do I serve legal papers in Washington state?

How Do I Personally Serve Someone? In Washington, you personally serve papers by having someone 18 or older and of sound mind deliver them to the recipient. The person effecting service cannot be you. It doesn't need to be a professional process server though.

Can you serve someone by certified mail in Washington?

You can ask court permission to serve the other party or parties by mail or publication. Use our Service by Certified Mail or Publication packet.

How do you serve a summons in Washington state?

(1) The summons must be signed and dated by the plaintiff or the plaintiff's attorney, and directed to the defendant requiring the defendant to defend the action and to serve a copy of the defendant's appearance or defense on the person whose name is signed on the summons.

How do you serve in Washington state?

You must serve these in one of two ways:

1. Have them hand-delivered to the office listed here for your county. 2. Mail that office a copy by certified mail, return receipt requested. ❖ You do not need a special order to serve the State by certified mail.

Can you serve a summons by email?

Section 44 currently provides that electronic transmission of documents to a sheriff is possible, and that the sheriff may serve a printout/copy of that document received electronically, as if it were an original. However, Section 44 does not authorize the sheriff to serve any document by electronic means.Apr 14, 2021

Can you serve court papers by email?

In the case of service by email, a specified method can be agreed so that the receipt of court documents may be managed and monitored properly. Service of documents by email is 'opt-in'. Simply because correspondence is sent by email between the parties does not mean a court document may be served by email.Dec 3, 2021

Who can serve papers WA?

Choosing a server

You need to arrange for a person over 18 years of age to serve the documents on your spouse. The server can be a family member, friend or professional process server. You cannot serve the documents on your spouse yourself, but you can be present to help the server identify your spouse.Dec 20, 2021

Can a process server leave papers at your door Washington State?

Process servers often look to leave papers with someone who might answer the door to your home. Despite this being a good idea, they cannot do so with a minor. Although you may be avoiding the process server and avoiding service, this is unreliable.May 7, 2021

How long do you have to serve a summons in Washington state?

The summons being sent out means that the defendant now has twenty days to serve a copy of their defense, exclusive of the day of Washington Process Service. A notice of appearance should be done in writing and must be signed by the defendant, and should be served upon the person whose name is signed on the summons.Oct 30, 2021

How do you respond to a summons in Washington state?

To respond to the Summons and Complaint, you need to create and file an Answer. You can use SoloSuit, or use this form to do it on your own. This is a general form that covers civil lawsuits issued for debt collection cases. You can use the form to respond to the Summons and Complaint form.Jul 13, 2020

How do I become a registered agent in Washington state?

Provide the Defendant(s) name and last known addresses.
...
Service of Process/ Summons and Complaint

A completed and signed Business Service Of Process Cover Sheet. Providing the UBI number and business name as recorded with our office.
A copy of the documents being served.
The required $50 filing fee.

How do I find a registered agent in Washington state?

How Do I Search For A Washington Registered Agent?

You can do a Washington business name search on the state's website.
Type in the company name you are trying to look up.
Look at the WA registered agent name and registered office street address.

When from illness or other cause the prosecuting attorney is temporarily unable to perform his or her duties, the court or

When from illness or other cause the prosecuting attorney is temporarily unable to perform his or her duties, the court or judge may appoint some qualified person to discharge the duties of such officer in court until the disability is removed.

What happens when a prosecuting attorney is disabled?

What is the intent of the legislature?

Intent—2020 c 203: "It is the intent of the legislature to give prosecutors the discretion to petition the court to resentence an individual if the person's sentence no longer advances the interests of justice. The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration, this purpose is best served by terms that are proportionate to the seriousness of the offense and provide uniformity with the sentences of offenders committing the same offense under similar circumstances. By providing a means to reevaluate a sentence after some time has passed, the legislature intends to provide the prosecutor and the court with another tool to ensure that these purposes are achieved." [ 2020 c 203 § 1 .]

Does a prosecuting attorney get a fee?

No prosecuting attorney shall receive any fee or reward from any person, on behalf of any prosecution, or for any of his or her official services, except as provided in this title, nor shall he or she be engaged as attorney or counsel for any party in any action depending upon the same facts involved in any criminal proceeding .

Who can petition the sentencing court?

(1) The prosecutor of a county in which an offender was sentenced for a felony offense may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice.

Can a person be a prosecuting attorney in any county?

No person shall be eligible to the office of prosecuting attorney in any county of this state, unless he or she is a qualified elector therein, and has been admitted as an attorney and counselor of the courts of this state.

What happens if a county commission declines to accept a prosecuting attorney?

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. The county commission lacks the authority to appoint a person who has not been nominated by ...

What is the RCW 36.16.110?

RCW 36.16.110 clarifies and codifies the process for a county commission to fill a vacancy in an elective office. Consistent with article II, section 15, the statute requires the appointed individual to be “qualified.” Since the term “qualified” is undefined, a court would look to its ordinary definition. [ 4 ] Gerberding v. Munro, 134 Wn.2d 188, 199, 949 P.2d 1366 (1998). In the context of a candidate for office, “qualified” means “having complied with the specific requirements or precedent conditions (as for an office or employment).” Webster’s Third New International Dictionary 1858 (2002). The requirements an appointee must meet in order to be qualified are listed in article II, section 15 of the state constitution, including that the person appointed must be one of three persons nominated by the county central committee of the relevant party.

What happens if a county commission appoints an individual who has not been nominated by the

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.

What happens when a person appointed by the county commission declines to take the office?

Because a new vacancy occurs when a person appointed by the county commission declines to take the office, the county commission has authority under the state constitution to fill this new vacancy. Const. art. II, § 15. As a result, the county commission must obtain a new list of three nominees from the same county central committee that provided the first list. Id. If the county commission fails to agree upon an appointment within 60 days of the creation of the new

What is the legislative authority of a non-charter county?

The county legislative authority of a non-charter county is generally exercised by the county commission. Const. art. XI, § 5; RCW 36.01.030. The county prosecuting attorney is an elective, partisan office. RCW 36.16.030 (prosecutor is an elected county office); RCW 29A.04.110 (defining which county elected offices are partisan). In filling a vacancy in the office of prosecuting attorney, the state constitution requires that the county commission select the appointee from a list of three names submitted by the county central committee of the same political party as the prosecutor whose office was vacated.

How long does a governor have to appoint a vacancy?

vacancy occurs, the governor shall within thirty days thereafter, and from the list of nominees provided for herein, appoint a person who shall be from the same legislative district, county, or county commissioner or council district and of the same political party as the legislator or partisan county elective officer whose office has been vacated, and the person so appointed shall hold office until his or her successor is elected at the next general election, and has qualified [.]

How long do county officers hold office?

The county legislative authority in each county shall, at its next regular or special meeting after being appraised of any vacancy in any county, township, precinct, or road district office of the county, fill the vacancy by the appointment of some person qualified to hold such office, and the officers thus appointed shall hold office until the next general election, and until their successors are elected and qualified.

Who is obligated to investigate alleged violations of the law?

The conclusions reached are that the sheriff is obligated to investigate alleged violations of the law but that the prosecuting attorney has no authority to compel any action on the part of the sheriff other than by the indirect method of prosecution for perpetration of crime by the sheriff himself. ANALYSIS.

Is the sheriff a constitutional officer?

This office has not rendered any prior opinions on this matter. The duties of the sheriff, who is a constitutional officer, Article II, section 5 as amended; State v. Melton, 192 Wash. 379, 73 P. (2d) 1334, (1937), have been established by the legislature and appear in chapter 36.28 RCW. Nowhere does there appear any specific mandate to the sheriff to investigate criminal charges.

Does the prosecuting attorney have authority to compel the sheriff?

While the county sheriff is obligated to investigate alleged violations of the law, the prosecuting attorney has no authority to compel any action by the sheriff. - - - - - - - - - - - - -. We have your letter inquiring whether this office has previously given any opinions defining the duties of a county sheriff generally and particularly as to ...

Does a county prosecutor have authority to compel a sheriff?

In answer to your second question, it appears that a county prosecutor has no authority to compel any act by the sheriff. The prosecuting attorney and the sheriff are both constitutional, popularly elected officers whose spheres of authority, while springing from the same source, are separate and distinct. Each officer is required only to act according to law. In the exercise of executive and administrative functions and in conserving the public peace [ [Orig. Op. Page 3]] the sheriff represents the sovereignty of the state and he has no superior in his county. State v. McCarty, 104 Kans. 307, 179 Pac. 309. Of course, if the situation should arise in which a sheriff had committed a misdemeanor such as set out in RCW 36.28.140, or misconduct as set out in chapter 42.20 RCW, it would then become the duty of the county prosecuting attorney to prosecute the action in behalf of the county and the state, but this authority can be exercised only in respect to prior action or inaction of the sheriff and cannot be used prospectively to move the sheriff to any action.

Is the office of sheriff the same as the Constitution?

However, where the office of sheriff is named in the constitution, his duties are the same as they were at the time the constitution was adopted. State v. Melton, supra. The office of sheriff carries with it all its common law powers and duties except as modified by the constitution and statutes. Anderson on Sheriffs, § 44.

Can a prosecuting attorney compel a county sheriff to investigate a criminal charge?

You also inquire to what extent a prosecuting attorney can compel a county sheriff to investigate and secure evidence to support a criminal charge, both prior and after the time of filing an information. The conclusions reached are that the sheriff is obligated to investigate alleged violations of the law but that the prosecuting attorney has no ...

Who can help with a family law case?

Be ready for an appointment with someone who's going to help you with your family law case. That someone might be: an attorney; a family law facilitator; an advocate at your local Domestic Violence shelter; or a CLEAR advocate who is going over forms with you by phone. #3130EN

What to do if you don't have police records?

Police records - If you do not have any, contact the police department or Prosecuting Attorney’s office for copies. You might not get any if there is an ongoing investigation.