Determination of prosecuting authority if defendant charged by attorney general and prosecuting attorney.
RCW 43.10.234
in effectIf both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, upon motion of either the prosecuting attorney or the attorney general: (1) Determine whose prosecution of the case will best promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and (2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.
If both a prosecuting attorney and the attorney general file an information or indictment charging a defendant with substantially the same offense(s), the court shall, upon motion of either the prosecuting attorney or the attorney general:
(1) Determine whose prosecution of the case will best promote the interests of justice and enter an order designating that person as the prosecuting authority in the case; and
(2) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=43.10&full=trueFetched: 6/29/2026