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#BreakingNews Judge rules Washington Legislature cannot empower commission to remove elected sheriff
A Thurston County Superior Court judge ruled Friday that the Legislature cannot empower a state commission to remove a duly elected sheriff, siding with opponents of a new law that ties the office to state certification.
Judge Christine Schaller issued the ruling after hearing arguments on Senate Bill 5974, Pierce County Sheriff Keith Swank said. Swank, who attended the hearing, said Schaller found that sheriffs are elected officials and should not be treated differently from other elected officials, and that sheriffs, like other politicians, have First Amendment rights. He also said she also found that the Legislature cannot empower the Criminal Justice Training Commission to remove a duly elected sheriff.
Sheriff Swank called the decision a victory for the rule of law and the Constitution. He said Schaller broke the ruling into sections and that he still needed to review it in full. No written order had been published, and the state had not commented, as of Friday afternoon.
Judge Schaller issued the preliminary injunction on April 29, one day before much of Second Substitute Senate Bill 5974 was set to take effect. The law, signed April 1 by Gov. Bob Ferguson, imposed new eligibility rules on sheriffs and tied their ability to remain in office to certification by the Criminal Justice Training Commission. Loss of that certification would have created a vacancy, allowing removal without a voter recall.
Before the bill, state law required sheriffs to complete basic training but did not clearly force an elected sheriff from office if that certification was later revoked.
The suit was brought by four eastern Washington sheriffs — Brad Manke of Stevens County, John Nowels of Spokane County, Glenn Blakeslee of Pend Oreille County and Ray Maycumber of Ferry County — represented by attorney Mark Lamb. The state has appealed. On May 5, a Washington Supreme Court commissioner denied the state’s request to stay the injunction, leaving the block in effect while the appeal proceeds.
Bill sponsor former Snohomish County Sheriff and current Sen. John Lovick, D-Mill Creek, said the measure simply applied the same certification rules already used for rank-and-file officers and police chiefs. Critics, including some Republican lawmakers, called it an effort to override local voters.
Friday’s ruling does not repeal Senate Bill 5974, but Judge Schaller's April 29 injunction keeps the state from using the challenged parts against elected sheriffs. This is reinforced by the WA State Supreme Court in May leaving the injunction in place.
The Legislature can pass a new bill striking Senate Bill 5974, or amending out the sheriff provisions, in a future session.