OFFICE OF THE
LINCOLN COUNTY PROSECUTING ATTORNEY
P.O. Box 874
450 Logan Street,
Davenport, WA 99122
The Prosecutor’s Office will be open to the public from 9:00 AM-4:00 PM, Monday-Friday, except when The Lincoln County Courthouse will be CLOSED pursuant to the temporary furlough policy established by the Board of County Commissioners. The dates of closure are listed below:
Friday, May 28, 2010
Monday, June 14, 2010
Friday, July 2, 2010
Friday, August 6, 2010
Friday, September 3, 2010
Monday, October 11, 2010
Friday, November 12, 2010
Monday, December 27, 2010
Welcome to the Office of the Prosecutor
The prosecuting attorney is the lawyer for the people of Lincoln County. One responsibility of the prosecutor is to enforce criminal laws and work for the victims of crime to obtain restitution for losses and state benefits. The prosecuting attorney also serves as the legal advisor to the Board of County Commissioners and to the county’s elected officials and departments, provides legal guidance and opinions regarding federal, state and local laws, works closely with law enforcement agencies, such as the Sheriff, city Police and the Washington State Patrol and provides legal advice to law enforcement, assists in certain child support cases, and performs a number of other duties. Deputy prosecutors are appointed by the prosecutor to help perform these duties. The prosecutor and the deputy prosecutors must be admitted to practice law in the State of Washington.
The mission of the Lincoln County Prosecuting Attorney's office is to serve Lincoln County and its people by promoting the fair administration of justice. The Lincoln County Prosecuting Attorney's office conducts its mission:
· By effectively and ethically prosecuting all violations of criminal law for which sufficient evidence exists within established prosecutorial guidelines, while preserving the rights of the accused to a fair trial.
· By advocating and protecting the rights of crime victims and witnesses.
· By impartially advising the Board of County Commissioners and the elected and appointed officials of Lincoln County.
· By effectively and ethically representing Lincoln County in civil matters.
· By operating in a fiscally responsible manner.
The prosecuting attorney is mandated under RCW 36.27.020 to prosecute all criminal cases brought under state statutes or county ordinances. Prosecution includes advice to law enforcement officers during investigation to determine if criminal charges should be filed, plea negotiations, pretrial hearings, trial, sentencing hearings and appeals. Criminal prosecution is divided into four areas: adult felonies in Superior Court, adult misdemeanors in District Court, all juvenile cases in Superior Court/Juvenile Division; and prosecution of appeals in the Court of Appeals and Supreme Court.
Where the state or county may be a party in a civil action, the prosecuting attorney may prosecute or defend. This includes pleadings, answers, interrogatories, depositions, motions, negotiations, trial and appeal.
Serving in its role as an in-house law firm for the county, The office of prosecuting attorney is the legal advisor to county commissioners and other elected officials and works closely with those officials in solving a wide range of legal problems by providing general day-to-day legal advice. This may include both informal advice and formal legal opinions, preparation, review and/or approval of resolutions, ordinances, covenants and agreements, as well as representing the county in administrative hearings, judicial proceedings and other actions
The prosecuting attorney does not give legal advice to the public. Members of the public should contact a private attorney for personal advice (for example, when seeking advice on divorce, landlord tenant issues, contracts, etc.). The Washington State Bar Association as the administrator for Washington Access to Justice maintains a lawyer referral service which you may access here to determine your eligibility. This site also maintains information on a variety of other legal services. You may also call CLEAR (Coordinated Legal Education, Advice & Referral) at 1-888-201-1014 for a referral to a local attorney.
Defendants convicted in Lincoln County are ordered to pay a fee that helps fund a crime victim program with the prosecuting attorney’s office. This program assists the attorneys with victims and witnesses for hearings and trials and preparing documentation for court. Program support provides assistance in applying for victim's compensation, determining restitution in adult and juvenile felony cases, providing case status information to victims and educating victims and witnesses about the criminal justice system, as well as acting as a referral resource for other agencies.
The DSHS/Division of Child Support contracts with the prosecuting attorney to handle paternity cases for both welfare and non-welfare parents. The Lincoln County Child Support Program is 100% funded by the State of Washington. Determination of paternity involves interviewing the mother, filing a lawsuit against the possible father(s), genetic tests, pretrial motions, entry of a judgment, and on occasion a trial. This may also involve interrogatories and guardian ad item reports. DSHS/DCS locates absent parents and enforces the child support orders. If the absent parent resides out of the area, the procedure can be done through an UIFSA (Uniform Interstate Family Support Act) action. This is an act whereby other states and some countries have agreed to reciprocally handle child support cases when one of the involved parties reside there. The prosecutor also handles modifications of child support where a child is receiving public assistance. The prosecutor may also opt to file civil or criminal contempt charges for not paying child support.
In addition to the duties enumerated under RCW 36.27.020, other duties of the prosecuting attorney include examining official bonds of all county and precinct officers; examining all public records and books of the county auditor, assessor, treasurer, superintendent of schools and sheriff; preparing ballot titles and recall petitions, being a member of canvassing board; representing and advising Civil Service Commission.
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