An eastern Washington judge declined Thursday to rule on the future of a state law that could potentially force sheriffs out of office if they don’t meet new standards.
Lincoln County Superior Court Judge Adam Walser instead decided the case should be heard in Thurston County, agreeing with the state attorney general’s office, which is defending the law. A similar legal challenge is already playing out in Thurston County, where the state capital is located and where work to implement the law is being carried out.
Walser said it wouldn’t be proper to potentially have diverging rulings from different judges across the state on similar arguments.
The judge left the door open to temporarily blocking the law Thursday, given how much of it goes into effect at the end of this month. But he decided not to, unsure he had the authority to do so, as another judge will rule on the rest of the case. Walser also said he didn’t think the law demands such an emergency ruling.
“I don’t think the emergent nature presently, even though I am sympathetic to it, justifies taking that very extreme action,” said Walser, a former Lincoln County prosecutor.
Four sheriffs brought this litigation. They are John Nowels of Spokane County, Glenn Blakeslee of Pend Oreille County, Brad Manke of Stevens County and Ray Maycumber of Ferry County. All of them are up for election this year. They believe the new law is undemocratic and forces them to sign a “loyalty oath” attesting they’ll meet heightened state standards to keep their jobs.
The law’s supporters see it as simply applying the same scrutiny to officers and police leadership, and say that the onus shouldn’t be on the public to remove police leaders who commit misconduct. The attorney general’s office argues in court filings that the plaintiffs’ case is based on “serious misunderstandings of what the law does.”
Courtroom wrangling
The quartet of sheriffs filed the lawsuit in Pend Oreille County Superior Court within days of Gov. Bob Ferguson signing the law this month in Olympia. Walser heard the case Thursday as a Pend Oreille County judge had recused himself.
Coming into the hearing, the defendants in the case were Ferguson, the Legislature and the heads of the Criminal Justice Training Commission and Washington State Patrol.
In hopes of keeping the case in eastern Washington, the sheriffs’ lawyer, Mark Lamb, moved to dismiss Ferguson and the Legislature as defendants, since their work on the law was done in Olympia. The judge allowed it, despite pushback from Solicitor General Noah Purcell.
But given the leaders of the other two state agencies are based in King and Thurston counties, their role as defendants would appear to necessitate moving the case out of Pend Oreille County, as well. So as a last-ditch effort, Lamb asked to get them tossed from his case. Purcell reacted with his head in his hands.
Walser pushed back on Lamb’s sudden move, saying the maneuvers were “starting to get to the point where this is, like, pretty unfair” if the intent is to make motions during a hearing to influence the outcome.
In arguing to keep the case in Pend Oreille County, Lamb noted the litigation on the state’s capital gains tax was first ruled on in Douglas County in 2022, despite the Department of Revenue’s director being a defendant.
The second legal challenge to the law comes from the Washington State Sheriffs’ Association and a Kitsap County sheriff candidate. The association represents all 39 county sheriffs across Washington. This second lawsuit lodges similar arguments.
This case is set for a hearing in Thurston County Superior Court on May 1, the day after the law takes effect and days before the candidate filing period for this year’s elections.
Walser suggested the four eastern Washington sheriffs could get their arguments heard earlier as they seek a judge to temporarily block the law while the litigation proceeds. He said a hearing in Thurston County could come as soon as April 24.
No matter the lower court ruling on the law, it is sure to be appealed by the losing side.
The law
Democrats pushed the proposal through the Legislature over ardent opposition from minority Republicans.
Senate Bill 5974 applies new, equal standards to county sheriffs, who are usually elected, and police chiefs, who are appointed. The requirements 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.
Previously, police chiefs were held to higher standards than sheriffs.
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.
Failing to meet the new standards or getting certification revoked is grounds for removal from office under the new law. County officials would appoint a replacement.
Five-member hearing panels from the Criminal Justice Training Commission make final decisions on decertification. The panels include three civilians and two police officials.
Sheriffs fear this unelected state board will be responsible for deciding their future in office, rather than the voters. Currently, the recourse to remove sheriffs who commit misconduct is through the seldom-used recall process.
Candidates for sheriff must also undergo a background check from the Washington State Patrol, at the expense of the county where they’re running.
Much of the law takes effect at the end of April, just in time for the electoral candidate filing period in early May.
The law also restricts the use of law enforcement volunteers, a practice that has come under fire in some rural counties.
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