Four eastern Washington sheriffs brought the emergency challenge to the law, raising constitutional concerns

Jake Goldstein-Street
Washington State Standard

Washington’s new law setting stricter eligibility standards for sheriffs was partially blocked in state court on Wednesday, one day before much of it was set to take effect.

The preliminary decision from a Thurston County Superior Court judge came in response to a lawsuit four eastern Washington sheriffs filed against the state.

Senate Bill 5974 established new, equal standards for county sheriffs, who are usually elected, and police chiefs, who are appointed. Failing to meet the new requirements or getting state certification revoked is grounds for removal from office under the new law.

Wednesday’s court ruling blocks those elements of the law as they relate to sheriffs.

The sheriffs argue that the law undermines the will of voters by creating an administrative path to force elected sheriffs from office if they don’t meet the new requirements.

The state plans to appeal the ruling.

The sheriffs, calling the law “blatantly, flagrantly unconstitutional,” asked Judge Christine Schaller to temporarily halt it from going into effect on an emergency basis while the litigation continues.

“It is a fundamental right to run for elected office, and to vote for elected office, with very, very few exceptions,” Schaller said, finding the Legislature “may have exceeded its constitutional authority.”

“It appears that the Legislature does not trust the people of the state of Washington to have good judgment” to elect sheriffs who promote trust in law enforcement and enhance public safety, the judge continued in lengthy remarks, delivering her ruling for over 40 minutes.

Schaller noted that the remedy to remove a disappointing elected official should be the next election, and “should not be to attempt to limit the candidate pool, or only allow a narrow class of people to be in a candidate pool by creating multiple qualifications for an elected office.”

The new criteria for sheriffs include at least five years of law enforcement experience, no felony or gross misdemeanor convictions, being at least 25 years old and no history of actions that would get state certification as a peace officer revoked. In cases where a sheriff is removed from office, county officials would appoint a replacement.

If they don’t already have it, sheriffs need to get state certification from the Criminal Justice Training Commission within nine months of taking office. Until now, they’ve had a year.

Five-member hearing panels from the Criminal Justice Training Commission make final decisions on decertification. The panels include three civilians and two police officials. These decisions can be appealed. Nearly half of sitting sheriffs have open misconduct complaints against them with the commission, said the plaintiffs’ attorney, Mark Lamb.

Sheriffs say removal from office should be up to their constituents at the ballot box. The seldom-used recall process is currently how voters can remove sheriffs before their term ends.

Lamb argued that under the law, a sheriff could be removed from office if they affiliated with someone who said something perceived as offensive.

“This is an absolutely egregious overreach by the Legislature,” Lamb said. “This law is not a close call.”

Washington Solicitor General Noah Purcell, who argued the state’s case, countered that the law simply extends standards that already apply to rank-and-file officers to police leaders. And he said elected prosecutors and judges are subject to conduct rules that could cost them their law license, and thus their positions. Lamb responded that the bar association isn’t a state governmental body and can’t unilaterally remove officials from office.

Purcell also argued the sheriffs are assessing the law’s consequences based on speculation without it taking effect.

The sheriffs who brought the litigation include: John Nowels of Spokane County, Glenn Blakeslee of Pend Oreille County, Brad Manke of Stevens County and Ray Maycumber of Ferry County. All are up for election this year. The candidate filing deadline is next week.

Blakeslee, Manke and Nowels were in the Olympia courtroom Wednesday, as was Thurston County Sheriff Derek Sanders, who has vocally opposed the law.

After the hearing, Nowels said he was “relieved” at the ruling.

“We’re not hiding from accountability,” Manke said. “We are absolutely accountable to the people that elect us. This is really about protecting free and fair elections and protecting our voters’ rights.”

The case had originally been based in Pend Oreille County, but a judge there moved it to Thurston County, where the state government is based and another related case is ongoing, to avoid diverging rulings in the separate lawsuits.

The other case, which was scheduled to be heard Friday in Thurston County and lodges similar complaints, was filed by the Washington State Sheriffs’ Association and a Kitsap County sheriff candidate.

The law also restricts the use of police volunteers, a provision that would take effect later. Schaller’s ruling doesn’t block this aspect of the law, or the requirements for appointed sheriffs.

This report was first published by The Washington State Standard.