OLYMPIA — A Thurston County Superior Court judge on Wednesday granted a preliminary injunction blocking key provisions of a new Washington state law that would have allowed an unelected member of the Criminal Justice Training Commission to decertify and effectively remove elected county sheriffs from office.
Judge Christine Schaller issued the ruling one day before Senate Bill 5974—sponsored by Sen. John Lovick (D-Mill Creek)—was scheduled to take effect on Thursday. The measure, signed into law April 1 by Gov. Bob Ferguson, required sheriffs, police chiefs and town marshals to meet stricter qualifications and maintain peace officer certification from the state Criminal Justice Training Commission. Decertification by the commission would have automatically created a vacancy in the elected sheriff’s office.
The most disputed section of the bill would have let the governor-appointed commission revoke a sheriff’s certification for misconduct — including potentially subjective factors such as social media posts or associations — and force the official from office without a voter recall or impeachment.
Four eastern Washington sheriffs sued to block the law: Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blakeslee, Stevens County Sheriff Brad Manke and Ferry County Sheriff Ray Maycumber. They argued it unconstitutionally singles out sheriffs for higher standards than other elected officials, infringes on voters’ rights and raises First Amendment concerns over speech-based removal criteria.
In her ruling, Schaller said the plaintiffs are likely to succeed on the merits. She noted that no other elected position — including legislators or the governor — faces removal by an unelected state board under similar subjective standards. The judge specifically enjoined Section 9 of the bill, which contains the decertification and removal provisions, along with new eligibility requirements such as a minimum age of 25 and five years of law enforcement experience.
Plaintiffs’ attorney Mark Lamb called the decision a victory for the Constitution. Washington Solicitor General Noah Purcell, representing the state, had argued the law is entitled to a presumption of constitutionality and serves legitimate public-safety goals.
Sen. Lovick, D-Mill Creek, and the bill’s prime sponsor with over 30 years in the Washington State Patrol, described it as a step toward stronger accountability.
“Since all peace officers must maintain a certification, these laws need to be updated to make clear what occurs when a law enforcement leaders’ certification is revoked for misconduct,” said Lovick during the bill hearing. “I hope the outstanding law enforcement leaders in our state will support this legislation. Great leaders lead by example. They embody the standards of accountability that they expect from their subordinates.”
The Criminal Justice Training Commission already has authority to decertify rank-and-file officers for serious misconduct; the new law sought to extend that framework to agency leaders.
The preliminary injunction halts enforcement of the challenged portions while the lawsuit proceeds. The case was transferred to Thurston County from Pend Oreille County last week. A separate legal challenge involving a Kitsap County sheriff candidate was also pending.
Author: Mario Lotmore
One Response
Interesting to see a judge getting involved in something like this. Do you think it will have a big impact on local law enforcement?