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Whatcom County v. State1/31/2000
h funding source would be appropriate for Graham's defense and argues that Graham should not be indemnified by the state liability account because it is financed through annual premiums assessed to state agencies, and Whatcom County has not contributed to the fund.
Under RCW 4.92.070, "{i}f the attorney general shall find that {the official's} acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties . . . said request shall be granted{.}" This language, however, should not be interpreted to mean that the trial court is powerless to review the Attorney General's decision. The statute states that if certain conditions are met, the Attorney General "shall" defend the official. There is no room for discretion in this standard. Therefore, if a trial court finds that the statutory conditions for defense were met, it follows that the Attorney General wrongly rejected the request. Lastly, we note that Graham should not be deprived of state defense and indemnification merely because there may be questions as to which state fund should be used for that purpose.
AFFIRMED.
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