Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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questions of statutory interpretation and constitutional law, which we review de

novo. Lakehaven Water & Sewer Dist., 195 Wn.2d at 752.

The attorney general is an executive officer created by the state constitution

who “shall be the legal adviser of the state officers, and shall perform such other

duties as may be prescribed by law.” WASH. CONST. art. III, § 21. The Washington

Legislature has provided that the attorney general shall “[a]ppear for and represent

the state before the supreme court or the court of appeals in all cases in which the

state is interested.” RCW 43.10.030(1). We have held that RCW 43.10.030(1)

“confers broader authority than the plain text indicates.” City of Seattle v. McKenna,

172 Wn.2d 551, 560, 259 P.3d 1087 (2011).

801(d). The respondents concede that statements attributed to the individual officers could be
admissible as statements of party opponents. Wash. Sup. Ct. oral arg., State v. Sunnyside et al.,
No. 101205-5 (June 15, 2023), at 31 min., 39 sec. to 32 min., 25 sec., audio recording by TVW,
Washington State’s Public Affairs Network,
https://www.tvw.org/watch/?clientID=9375922947&eventID=2023061145&startStreamAt=1899
&stopStreamAt=1945; see ER 801(d)(2); Momah v. Bharti, 144 Wn. App. 731, 750, 182 P.3d 455
(2008). On remand, the trial court will consider any admissibility challenges when the evidence
is offered for particular purposes. On review of the summary judgment order, though, we must
engage the same inquiry as the superior court and consider “all the evidence.” Clements, 121
Wn.2d at 249. Therefore, we consider the entire summary judgment record, as did the superior
court. 2 CP at 852-53.

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5