Osborn v. Grant County

(concurring in part, dissenting in part) — I concur with the majority except insofar as it disallows an award of reasonable attorney’s fees for litigation from public funds to the special prosecutor. In Washington, before the appointment of a special prosecutor can be justified, the county prosecutor "must have both a duty to represent an official and a disability that prevents the prosecutor from representing the official.” Westerman v. Cary, 125 Wn.2d 277, 298, 885 P.2d 827, 892 P.2d 1067 (1994); RCW 36.27.030. The majority holds that while the county prosecutor in this case was indeed…