Office of Attorney General

  Average Annual FTEs Near General Fund State Other Funds Total Funds
  (Dollars in Thousands)
Current Budget 1,317.5 41,587 345,682 387,269
2021-23 Maintenance Level 1,332.5 44,358 366,231 410,589
Difference from 2021-23 Original 15.0 2,771 20,549 23,320
% Change from 2021-23 Original 1.1% 6.7% 5.9% 6.0%

2022 Policy Other Changes

Clemency Board Support 0.30 39 0 39
ICWA Legal Compliance 38.2 0 9,119 9,119
Missing/Murdered Indigenous Women/P 1.0 500 0 500
Juvenile Litigation Representation 12.3 0 3,088 3,088
Juvenile Rehabilitation Services 1.8 0 478 478
Office of Independent Investigation 0.30 0 88 88
Legal Case Management System 5.5 228 1,908 2,136
eDiscovery Capacity and Management 2.6 0 2,065 2,065
Washington Climate Commitment Act 0.70 0 114 114
2022 Policy Other Changes Total 62.7 767 16,860 17,627

2022 Policy Comp Changes

WFSE Assistant AGs 0.0 418 2,767 3,185
State Employee Benefits 0.0 1 8 9
WFSE General Government 0.0 450 2,082 2,532
Rep Employee Health Benefits 0.0 4 24 28
Non-Rep General Wage Increase 0.0 80 1,099 1,179
PERS & TRS Plan 1 Benefit Increase 0.0 23 145 168
2022 Policy Comp Changes Total 0.0 976 6,125 7,101

2022 Policy Central Services Changes

Archives/Records Management 0.0 2 22 24
Audit Services 0.0 0 1 1
Administrative Hearings 0.0 0 1 1
CTS Central Services 0.0 26 248 274
DES Central Services 0.0 7 69 76
OFM Central Services 0.0 167 1,594 1,761
Self-Insurance Liability Premium 0.0 2 18 20
2022 Policy Central Services Changes Total 0.0 204 1,953 2,157
Total Policy Changes 62.7 1,947 24,938 26,885
2022 Policy Level 1,395.2 46,305 391,169 437,474
Difference from 2021-23 Original 77.7 4,718 45,487 50,205
% Change from 2021-23 Original 5.9% 11.3% 13.2% 13.0%

Policy Changes

Audit Services

Adjustments are made for each agency’s anticipated cost of audits performed by the State Auditor’s Office. (Legal Services Revolving Account - State)

DES Central Services

Adjustments are made to reflect each agency’s anticipated share of charges from the Department of Enterprise Services for campus rent, parking, security and contracts; capital project surcharges; financing cost recovery; public and historic facilities; real estate services; risk management services; personnel service rates; the Perry Street and Capitol Campus child care centers; small agency services; and the department’s enterprise applications. See the 2021-23 Budget Instructions for allocation methodologies. (Legal Services Revolving Account - State, General Fund - State)

OFM Central Services

Adjustments are made to reflect each agency’s anticipated share of charges for existing statewide applications, the One Washington program, and other central services provided by the Office of Financial Management. See the 2021-23 Budget Instructions for allocation methodologies. (Legal Services Revolving Account - State, Public Service Revolving Account - State, General Fund - State, other funds)

WFSE Assistant AGs

The collective bargaining agreement includes a general wage increase of 3.25% for fiscal year 2023 and a lump sum payment. (Legal Services Revolving Account - State, General Fund - State, Anti-Trust Revolving Account - Non-Appropriated, other funds)

WFSE General Government

The collective bargaining agreement includes a general wage increase of 3.25% for fiscal year 2023 and a lump sum payment for employees who were employed continuously starting on or before July 1, 2021 through June 30, 2022. (General Fund - Federal, General Fund - State, Legal Services Revolving Account - State, other funds)

Clemency Board Support

Funding is provided for administrative support for the Clemency Board to increase customer service and correspondence capacity. (General Fund - State)

ICWA Legal Compliance

The Attorney General’s Office (AGO) is provided an increase in legal resources for the Department of Children, Youth, and Families (DCYF) to satisfy the heightened standards and additional legal elements in cases where the state and federal Indian Child Welfare Acts (ICWA) apply. Based on two Supreme Court rulings, the number of children to whom the acts apply has significantly expanded and the acts’ legal elements that DCYF must prove are more demanding. (Legal Services Revolving Account - State)

Missing/Murdered Indigenous Women/P

In the 2021-23 biennial budget, the Legislature appropriated $500,000 for the Attorney General’s Office (AGO) to establish the Task Force for Missing and Murdered Indigenous Women and People (MMIW/P). Governor Inslee vetoed the budget proviso due to a drafting error, with the understanding that the AGO would proceed and seek reimbursement in the supplemental budget. This task force, comprised of representatives from American Indian and Alaska Native communities and governments, will provide recommendations to the Legislature on previously unaddressed challenges in data collection and reporting practices, prosecutorial trends, prevention and response services, and systemic causes of violence against American Indians. (General Fund - State)

Juvenile Litigation Representation

The Attorney General’s Office (AGO) is provided funding for representation in Grays Harbor, Asotin, and Walla Walla counties for new child welfare caseloads as requested by the Department of Children, Youth, and Families (DCYF). Representation was previously provided by the counties’ prosecutor offices. This transition will facilitate a more consistent statewide approach and help DCYF achieve significant system reforms adopted by the Legislature and comply with its federal reporting requirements. (Legal Services Revolving Account - State)

Juvenile Rehabilitation Services

The Attorney General’s Office (AGO) is provided funding to support legal services for the Department of Children, Youth, and Families (DCYF) Juvenile Rehabilitation. Statutory changes since the program transitioned from the Department of Social and Health Services to DCYF have increased the size and complexity, and have resulted in a sustained increase in legal service needs, both for advice and for litigation. (Legal Services Revolving Account - State)

Office of Independent Investigation

The Office of Independent Investigations (OII) is a new office within the Governor’s Office, effective July 2021. Beginning in July 2022, the OII director is authorized to investigate deadly force incidents involving law enforcement. Beginning in July 2023, the director is authorized to review and may investigate prior investigations of deadly force, if new evidence is brought forward. Funding is provided to the Attorney General’s Office for legal services to OII. (Legal Services Revolving Account - State)

Legal Case Management System

The Attorney General’s Office (AGO) is the largest public law firm in the state. The AGO represents the interests of client agencies and defends all cases and claims brought against state agencies, boards, commissions, state officials, and employees. To maximize the limited resources of both client agencies and the AGO, use of a modern enterprise legal matter management system is needed to properly manage case information and documents, and to track cases, client advice, and investigations across the agency. The current system requires an upgrade or replacement as the demands on the system continue to increase. (Legal Services Revolving Account - State, General Fund - Federal, General Fund - State, other funds)

eDiscovery Capacity and Management

Discovery is a critical stage of all successful litigation. A pilot program within the Attorney General’s Office (AGO) has been using the electronic discovery software tool, Everlaw, with abundant success. To continue providing excellent legal services, the AGO is provided the funding needed to expand the use of the software for all legal divisions. Using a cloud-based, SAAS discovery solution will maximize efficiency and increase cost-effectiveness. Additionally, an FTE devoted to eDiscovery training and management will work with divisions and client agencies to provide training on best practices, risk mitigation and overall discovery support to ensure success of the discovery process. (Legal Services Revolving Account - State)

Washington Climate Commitment Act

The Attorney General’s Office (AGO) received $170,000 in billing authority to implement Second Substitute Bill 5126. The AGO’s fiscal note identified that it would take $284,000 to implement the legislation and the Department of Ecology and Department of Natural Resources would be billed for these legal services. The AGO remains confident in its initial assumptions. Successful implementation of complex, critical legislation will require sufficient funding for legal resources. AGO is provided the additional $114,000 in billing authority. (Legal Services Revolving Account - State)

State Employee Benefits

Health insurance funding is provided for state employees who are not covered by the healthcare coalition. The insurance funding rate is $936 per employee per month for fiscal year 2022 and $1,130 per employee per month for fiscal year 2023. (Legal Services Revolving Account - State, General Fund - State)

Rep Employee Health Benefits

Health insurance funding is provided as part of the master agreements for employees who bargain for health benefits as part of a coalition of unions. The insurance funding rate is $936 per employee per month for fiscal year 2022 and $1,130 per employee per month for fiscal year 2023. (General Fund - Federal, General Fund - State, Legal Services Revolving Account - State)

Non-Rep General Wage Increase

A general wage increase of 3.25%, effective July 1, 2022, is provided for state employees who are not represented by a union or who are covered by a bargaining agreement that is not subject to financial feasibility determination. (General Fund - Federal, Legal Services Revolving Account - State, General Fund - State, other funds)

PERS & TRS Plan 1 Benefit Increase

For eligible Public Employees' and Teachers' Retirement Systems Plan 1 members, this item provides an increase of 3%, up to a maximum of $110 per month. (General Fund - State, Legal Services Revolving Account - State, General Fund - Federal, other funds)

Archives/Records Management

Adjustments are made for each agency's anticipated share of charges for archives and records management services provided by the Secretary of State's Office. (Legal Services Revolving Account - State, General Fund - State)

Administrative Hearings

Adjustments are made for each agency’s anticipated cost of administrative hearings conducted by the Office of Administrative Hearings. (Legal Services Revolving Account - State)

CTS Central Services

Adjustments are made to reflect each agency's anticipated share of charges from Consolidated Technology Services (CTS) for the Office of the Chief Information Officer, Office of Cyber Security, state network, enterprise services, small agency IT services, security gateways, and geospatial imaging services. See the 2021-23 Budget Instructions for allocation methodologies. (Public Service Revolving Account - State, General Fund - State, Legal Services Revolving Account - State, other funds)

Self-Insurance Liability Premium

Adjustments are made to reflect each agency's share of the actuarially projected costs of the self-insurance liability premium. (Legal Services Revolving Account - State, General Fund - State)