State ex rel. State Board of Medical Examiners v. Clausen

Citations

• 84 Wash. 279
• 146 P. 630
• 1915 Wash. LEXIS 792

Syllabus

<p>States — Board oe Medical Examinees — Powers — Employment oe Counsel — “Necessity.” The state board of medical examiners has no implied power to employ private counsel at the expense of the state, by reason of being charged with duties making such legal advice a necessity, when the law has made the attorney general or the prosecuting attorneys of the county the legal representatives of the board; since the term “necessity” in such case means a “legal necessity” and not an “actual necessity” by reason of the public attorneys refusing to perform their duties; hence allegations as to such refusal are immaterial.</p> <p>Same — Board oe Medical Examiners. Rem. & Bal. Code, § 8386 et seq., as amended, being a complete act regulating the practice of medicine and the issuance of licenses therefor, and making certain violations of the act felonies or misdemeanors, and authorizing the state medical board to prosecute all persons guilty of violation of the act, but failing to expressly authorize the board to employ private counsel, and failing to provide any special punishments or procedure for prosecuting offenders, stands on the plane of the general criminal statutes as respects violations of the act and punishments therefor, and such duties therefore fall upon the prosecuting attorneys, and the state medical board has no authority to employ private counsel to perform such duties, notwithstanding that the board is authorized to “prosecute” offenders; nor can the board employ private counsel at the expense of the state for the purpose of securing legal advice, the constitution having made the attorney general the legal adviser of all state officers, which includes the members of such boards.</p>