Is the WSBA's old opinion on electioneering by deputy prosecuting attorneys still good guidance, or has a statute superseded it?

Plain-English summary

This is a short committee action rather than a full analysis. The committee determined that Formal Opinion 102, which had addressed electioneering by deputy prosecuting attorneys, is no longer accurate in light of the requirements of RCW 42.17.130. Rather than rewrite the opinion, the committee concluded it should be withdrawn or otherwise corrected, and that a withdrawal carrying a notation such as "See RCW 42.17.130" would be sufficient.

The committee therefore said it would submit a memo to the Board of Governors recommending the withdrawal of Formal Opinion 102. An editor's note records that the Board of Governors withdrew Formal Opinion 102 on September 11, 2003.

Currency note

This opinion was issued in 2003, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. It does not interpret a Rule of Professional Conduct; it records that Formal Opinion 102 was withdrawn because RCW 42.17.130 now governs the subject. Treat this page as historical context, not current guidance. Verify the current text of RCW 42.17.130 (and any successor statute) before relying on it, since the statute may have been amended or recodified after 2003.

In practice

Under this opinion, Formal Opinion 102 no longer states current WSBA guidance: the committee found it inaccurate given RCW 42.17.130 and recommended withdrawal, and the Board of Governors withdrew it on September 11, 2003. Per the committee, the governing authority on electioneering by deputy prosecuting attorneys is the statute, RCW 42.17.130, not the withdrawn opinion. The committee did not restate the statute's requirements or substitute new guidance of its own.

Common questions

Q: Is WSBA Formal Opinion 102 still in effect?

A: No. The committee found Formal Opinion 102 no longer accurate in light of RCW 42.17.130 and recommended its withdrawal, and the editor's note records that the Board of Governors withdrew it on September 11, 2003.

Q: Why was Formal Opinion 102 withdrawn rather than rewritten?

A: The committee concluded that the opinion was no longer accurate given RCW 42.17.130 and that a withdrawal with a notation such as "See RCW 42.17.130" was sufficient, rather than correcting the opinion's text.

Q: What governs electioneering by deputy prosecuting attorneys now, according to this opinion?

A: The committee pointed to RCW 42.17.130 as the source of the requirements that made Formal Opinion 102 inaccurate. The committee did not set out the statute's terms.

Background and rules framework

This action does not interpret a Rule of Professional Conduct. It addresses the continued validity of an earlier WSBA Formal Opinion (No. 102) on electioneering by deputy prosecuting attorneys, in light of a statute, RCW 42.17.130, that the committee found controlling. The opinion's effect is administrative: a prior formal opinion was recommended for withdrawal and subsequently withdrawn by the Board of Governors.

Citations and references

Statutes:

• RCW 42.17.130 (use of public office or agency facilities in election campaigns); the committee cited this statute as the basis for finding Formal Opinion 102 inaccurate

Other opinions cited:

• WSBA Formal Opinion 102 (electioneering by deputy prosecuting attorneys), withdrawn by the Board of Governors on September 11, 2003

See also

• NY State Bar Op. 537: Prosecutor Campaigning
• NY State Bar Op. 568: DA Attending Political Events
• NY State Bar Op. 476: Prosecutor Staff and Political Clubs
• OSB Op. 2005-7: Lawyer-Legislator Lobbying

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1264

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 2021
Year Issued: 2003
RPC(s): FO 102, RCW 42.17.130
Subject: Electioneering by Deputy Prosecuting Attorneys

Formal Opinion 102 is no longer accurate, in light of the requirements of RCW 42.17.130.

2. The Opinion should be withdrawn or otherwise corrected.

3. We believe that a withdrawal, with a notation (such as “See RCW 42.17.130”), is sufficient.

Therefore the RPC Committee will be submitting a memo to the Board of Governors recommending the withdrawal of Formal Opinion 102.

[Editors note: Formal Opinion 102 was withdrawn by the Board of Governors on September 11, 2003.]