Supreme Court to consider constitutionality of police accountability law

The issue of police accountability and training reforms will go before the Washington State Supreme Court Thursday, but the actual reforms are not the issue.

Instead, it’s about process. And government process can be confusing. So the court will focus on the way the Legislature passed police accountability reforms last session.

RELATED: SPD reports “extraordinarily low” use-of-force in 2017

De-escalate Washington, the grass roots group behind Initiative 940, turned in nearly 360,000 signatures in December to get the initiative to the Legislature. Under the state constitution lawmakers then had three choices: pass I-940 as it was already written; reject it and send it to the ballot; or amend the initiative and send both the original and amended versions to the voters.

That’s the general process set up by state rules – no amending the initiative and rushing it through without letting the voters weigh in.

But instead the Legislature went with a fourth option. Before voting on I-940, they passed another bill that modifies it (ESHB 3003) if and when the initiative passed. I-940 passed as it, but the previous bill tweaked it after it went into effect.

Police accountability and process

Anti-tax activist and initiative guru Tim Eyman sued the state claiming the Legislature’s passage of the clarifying bill amounted to amending the initiative and was therefor unconstitutional. A Thurston County judge agreed, scrapping ESHB 3003, and ordering I-940 to the November ballot.

The Legislature immediately appealed to the state Supreme Court. It argues that its lawyers thoroughly vetted the process and believed it was constitutional since I-940 would take effect as is first and the clarifying bill would kick in the next day.

Law enforcement took issue with the original version of I-940 for several reasons. They objected to language regarding the good faith standard that police can use to show use-of-force was justified. They also didn’t like the how requirements for police to administer first aid to injured suspects were laid out.

So, lawmakers, law enforcement groups and De-escalate Washington worked together to craft ESHB 3003. They were able to agree on the policy. It was seen as a major victory by all sides after years of trying to find common ground on the controversial issue.

Supreme Court decision

The state Supreme Court must act quickly because of the impending initiative printing deadline to get I-940 on the November ballot, should that be where it ends up.

There are a few possible outcomes in court: The court court could agree with the Thurston County judge that the process was unconstitutional and send I-940 to the ballot; it could rule the Legislature’s process was constitutional and let both I-940 and ESHB 3003 stand as law; or send both to the ballot.

Should I-940 end up going to the ballot De-Escalate Washington says it’s confident voters will approve it. If that happens De-Escalate Washington says they will again work with lawmakers and law enforcement groups — including the Washington Association of Sheriff’s and Police Chiefs  — to get that clarifying legislation approved in a new bill next session. ​

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