By Mitchell Roland
The Spokesman-Review, Spokane, Wash.
OLYMPIA, Wash. — A Thurston County judge has blocked portions of a new state law imposing new requirements for county sheriffs from taking effect later this week following a lawsuit filed by Spokane County Sheriff John Nowels.
The ruling was made by Thurston County Superior Court Judge Christine Schaller on Wednesday.
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“For the purposes of this hearing, I find that the challenged language in (the law) is unconstitutional,” Schaller said. “It fails to provide the kind of notice that will enable an ordinary person, or an ordinary sheriff, to understand what conduct it prohibits.”
Passed by the Legislature earlier this year, the legislation would require sheriffs to have five years of full-time law enforcement experience, no felony or gross misdemeanor convictions, be at least 25 years old and have no previous conduct that would have their state certification as a peace officer revoked by the Criminal Justice Training Commission.
The law was set to take effect on Thursday.
Nowels, Pend Oreille County Sheriff Glenn Blakeslee, Stevens County Sheriff Brad Manke and Ferry County Sheriff Ray Maycumber filed a lawsuit on April 3 in Pend Oreille County alleging the law’s requirements are unconstitutional and would give an unelected board an illegal authority to remove an elected representative from office.
The lawsuit was moved to Thurston County by Lincoln County Superior Court Judge Adam Walser, who said “in the interest of justice” the case should be heard in the same court as a separate lawsuit filed by the Washington State Sheriffs’ Association and a candidate for Kitsap County sheriff, where a singular order can be issued “that everybody can follow.”
Both lawsuits have sought a preliminary injunction to block the state from enforcing the new requirements. A hearing in the lawsuit filed by Washington State Sheriffs’ Association is scheduled for Friday morning.
“There is not one case, there is not one statute, there is not one example in the history of our country where an unelected body has been able to remove an elected official from public office because of what they spoke, because of what they wrote, because of who they associated with or because of how they freely exercised their religion,” attorney Mark Lamb, who represented the sheriffs, said Wednesday. “This is an absolutely egregious overreach by the Legislature.”
Following the hearing, Lamb said the ruling is applicable to the new certification requirements, automatic removal of sheriffs who have lost CJTC certification and the new background check conducted by the Washington State Patrol.
During his arguments, Solicitor General Noah Purcell said the law was enacted by the Legislature to ensure sheriffs and police chiefs are held to the “same accountability standards as all other law enforcement officers.”
“And that matters because sheriffs and police chiefs have enormous amounts of power,” Purcell said. “They can arrest people, they can access data, they can use force, including deadly force. And as the legislative history of this bill made clear, unfortunately, sometimes some sheriffs and police chiefs abuse those powers.”
Following the decision, Nowels said he was feeling “relieved” and was impressed by Schaller.
“We’re pleased with the judge’s decision today,” Nowels told reporters Wednesday. “I think it’s important that the public remembers this is just the first step in this process.”
Nowels said the injunction “does a good job at protecting citizens’ voting rights” and protecting “people who wish to run for the office of sheriff.”
“I think it’s a good thing to keep things status quo while the attorneys from both sides of this argument get the opportunity to brief and argue the merits of the case,” Nowels said.
Stevens County Sheriff Brad Manke said Wednesday the lawsuit is not about the sheriffs avoiding accountability, but about protecting the rights of voters and the electoral process.
“We are absolutely accountable to the people who elect us,” Manke said. “This is really about protecting free and fair elections and protecting our voters’ rights.”
Spokane County Prosecutor Preston McCollam, who attended the hearing in his capacity as the sheriff’s attorney, said the ruling is a “good win for the people and voter rights.”
“This is huge,” McCollam said.
McCollam said he watched as the law worked its way through the Legislature and was prepared to challenge it if were to pass. The law, he said, was “facially unconstitutional” and would void voters’ rights to elect a sheriff.
“This is not a partisan issue, this is a people issue,” McCollam said. “The idea that you can be a general in the United States Army, you can be the President of the United States, and you’re not qualified to run for county sheriff is absolutely absurd.”
Purcell indicated Wednesday the state intends to appeal the decision.
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