WA sheriffs win lawsuit that challenged new state law
Judge overturns WA bill on sheriff requirements
A judge overturned provisions of Senate Bill 5974, a Washington bill changing the requirements and standards for sheriffs across the state, as it was deemed unconstitutional.
OLYMPIA, Wash. - In a major victory for many sheriffs across the state, a Thurston County Superior Court judge on Friday struck down key provisions of a contentious law signed into law by Governor Ferguson earlier this year.
Senate Bill 5974 placed eligibility requirements for anyone trying to run for sheriff, and gave the power to unseat an elected sheriff to an appointed state administrative panel.
Superior Court Judge Christine Schaller issued the ruling that took the judge about an hour to break down due to the complexity of SB 5974.
At the center of the challenge was whether state lawmakers overstepped the constitutional boundaries.
"The qualifications under Section 9 are so expansive that they cannot be upheld," Schaller said during her ruling, emphasizing that lawmakers went beyond what the Washington State Constitution allows. She noted the state does not subject background checks and administrative restrictions or removal mechanisms outside the established recall process. SB 5974 gave the Criminal Justice Training Commission the authority to remove an elected sheriff if they deemed there was a violation.
The law's primary sponsor, Sen. John Lovick, D-Mill Creek, pushed for the legislation earlier this year, arguing that state standards needed modernization so that elected sheriffs are held to the same standards as other law enforcement officers. Lovick is the former Snohomish County Sheriff and he issued various statements supporting the need for the legislation.
"This legislation is about accountability. As a former sheriff, I know that trust between law enforcement leaders and the communities they are sworn to protect is built on maintaining the highest standards of professionalism and accountability," said Lovick. "Under this legislation, our law enforcement leaders will be held to the same standards of conduct which they ask of every other officer in the state."
Lovick says the state does not proscribe any eligibility to become a sheriff.
Sen. Lovick
What they're saying:
A coalition of county sheriffs quickly filed suit to challenge the measure, leading to Friday’s decision.
Attorney Mark Lamb, who represents 12 sheriffs, called the judge's ruling significant.
"It's a huge deal, it's a very significant ruling, and the judge gave a very reasoned decision, and it was centered and grounded in the Constitution, which is that people get to decide who they want to elect," Lamb said following the decision.
In addition to those plaintiffs, Pierce County Sheriff Keith Swank shared a response with FOX 13 after Friday’s hearing.
Swank got caught up in controversy earlier this year after he admonished democratic lawmakers during a committee meeting in Olympia.
He accused lawmakers of using SB 5974 to target sheriffs who they did not agree with politically, including him. Swank praised Friday’s ruling, saying it proves the legislature overstepped.
"The thing I thought was really important is that the judge said sheriffs are allowed to have free speech," Swank said, alleging that complaints had been filed with state regulators attempting to unseat him over social media posts. "They've been coming after me and filing complaints with the Criminal Justice Training Commission to try to get me decertified and removed from office if this were to pass because of things I say on social media. So I'll be putting out some more provocative things today."
Pierce County Sheriff Keith Swank reacts to a judge blocking SB 5974. (FOX 13 Seattle)
What's next:
State officials signaled the legal fight is far from over. In a statement released shortly after the decision, the Washington State Attorney General's Office confirmed plans to challenge the ruling.
"We respectfully disagree with the judge's decision," Attorney General Nick Brown's office said. "We intend to appeal to defend this important state law."
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The Source: Information in this story came from the Washington State Legislature, Pierce County Sheriff Keith Swank, the Washington State Attorney General's Office and FOX 13 Seattle reporting.