Key parts of Washington sheriff standards law blocked; state plans to appeal

A judge permanently blocked key parts of Washington’s new sheriff standards law Friday after temporarily blocking it earlier this year.

Thurston County Superior Court Judge Christine Schaller ruled the provisions unconstitutional, according to The Washington State Standard.

Those provisions include that a sheriff must be at least 25 years old and have at least five years of law enforcement experience. The requirement that they have no felony or gross misdemeanor convictions is also unconstitutional, the judge ruled.

“Voters place immense trust in sheriffs to faithfully execute the duties of office, and accountability, trust, and proper training are paramount,” Assistant Attorney General Kristen Valore said in court Friday, according to The Washington State Standard. “The Legislature passed Senate Bill 5974 to further these interests and ensure that county sheriffs meet the same basic qualifications as other law enforcement leaders in the state.”

The state plans to appeal Friday’s ruling.

“We respectfully disagree with the judge’s decision,” a spokesperson for Washington State Attorney General Nick Brown told KIRO Newsradio via email Friday. “We intend to appeal to defend this important state law.”

Plaintiffs’ attorney Mark Lamb told KIRO Newsradio the law unconstitutionally gives unelected officials power to remove elected sheriffs and undermines voters’ right to choose their representatives.

“The law allows unelected bureaucrats to remove elected officials from office based on what they say, write, or who they associate with,” Lamb said Friday via email. “This is not allowed under the Constitution, and it robs voters of the right to choose their elected officials without permission from Olympia.”

What WA’s sheriff standards law requires and which provisions were blocked

On April 29, a judge partially blocked Washington’s law one day before it was set to take effect.

“Today, the Constitution won, and the right of the people to elect their own representatives without supervision from Olympia was upheld,” Lamb told “The Jason Rantz Show” on Seattle Red 770 AM at the time.

Senate Bill 5974 sets new professional standards for sheriffs and police chiefs and allows the Criminal Justice Training Commission to revoke certification for misconduct, triggering automatic removal from office for elected sheriffs.

The law requires sheriff candidates to sign a sworn statement confirming compliance with the commission’s standards. It also raises the minimum age for candidates from 18 to 25, requires at least five years of full-time law enforcement experience, mandates background checks, and bars candidates with disqualifying criminal histories.

While the new ruling blocks those provisions as they apply to elected sheriffs, it does not block them for appointed sheriffs, according to The Washington State Standard. The ruling also does not block a separate provision restricting the use of police volunteers.

Eastern WA sheriffs file suit against sheriff standards law

Four eastern Washington sheriffs up for election this year — John Nowels of Spokane County, Glenn Blakeslee of Pend Oreille County, Brad Manke of Stevens County, and Ray Maycumber of Ferry County — filed a lawsuit to block the law, arguing it is unconstitutional and amounts to a “loyalty oath” that could allow the state, rather than voters, to control who can run for sheriff.

Lamb argued the requirement could infringe on free speech.

“We’re talking about the gravest possible consequence under the First Amendment, where time is of the essence,” Lamb explained. “In this situation, that an abridgment of a First Amendment right, even for minimal periods of time, unquestionably constitutes an irreparable injury.”

State attorneys, led by Solicitor General Noah Purcell, countered that sheriff candidates already certify similar standards under existing law and said the lawsuit is based on a misunderstanding of the statute.

“All of the plaintiff sheriffs are currently certified by the Criminal Justice Training Commission. They are currently certified under the exact standard that they’re saying they can’t possibly comply with,” Purcell said in court earlier this year. “So, the idea that somehow, in the next two weeks, something’s going to change that will render them unable to comply with that law just doesn’t it doesn’t pass the smell test. It just doesn’t make any sense.”

The state plans to appeal Friday’s ruling, according to The Washington State Standard.

Contributing: Luke Duecy, Charlie Harger, and Frank Lenzi, KIRO Newsradio; Julia Dallas, MyNorthwest