Judge again blocks sheriff standards law, says it 'appears' Legislature doesn't trust people of Washington
May 1-OLYMPIA - A Thurston County judge has again sided with sheriffs in the state, blocking new standards for their positions from taking effect, and said the state Legislature overstepped its authority by imposing eligibility requirements.
The ruling was made by Thurston County Superior Court Judge Christine Schaller on Friday in a case brought by the Washington State Sheriffs' Association and candidates for Kitsap County and Asotin County sheriff. On Wednesday, Schaller issued a preliminary injunction blocking portions of the law in a similar lawsuit brought by four county sheriffs, including Spokane County 's John Nowels.
Both cases were randomly assigned to Schaller. Schaller is a 1996 graduate of Gonzaga Law School and was first elected to the bench in 2012.
Ahead of her ruling on Friday, Schaller said the challenges raised in the lawsuit may have "some overlap, but they are quite different." Schaller added that her decision on Friday was not influenced by her previous ruling.
Passed by the Legislature earlier this year, the measure 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.
Candidates for sheriff in Kitsap and Asotin counties argued the legislation would impose unconstitutional qualifications for sheriff that other elected officials are not required to meet. Neither candidate, Blake Richards in Asotin County and Rick Kuss in Kitsap County, meet the five-year experience requirement needed to run under the new law.
The candidates also argued that the standards would restrict the right to seek public office and for voters to select the candidate they desire.
Freeman Halle, an assistant state attorney general, argued Friday the Legislature has the authority to impose additional eligibility requirements for public offices laid out in the state constitution.
"Counsel said that, effectively, this law is the Legislature deciding the outcome of an election, but that is not the case here," Halle said in his response. "They're not saying candidate A wins this election. To the extent that they're arguing that the practical effect is that it narrows the pool, you can say that about any law that restricts candidate eligibility."
In her ruling Friday, Schaller said the Legislature "significantly increased" the requirements needed to run for sheriff.
"There is now an age requirement, not the voting age, but a different age requirement, an education requirement, an experience requirement and more," Schaller said.
Schaller said those in elected office, like county sheriffs, face different eligibility requirements than those who are appointed, like police chiefs and town marshals.
"To run for public office for any other county position throughout this state, except prosecutor and judge, a candidate is only required to live in the district for which they are filing and be a registered voter at the time of filing," Schaller said.
The minimum requirements, Schaller said, are consistent with the state constitution and the ability of citizens to decide who they want to represent them.
"For these constitutionally created positions, only a constitutional amendment can further add qualifications," Schaller said.
In the legislation, lawmakers argued its intent was to "enhance the effectiveness, professionalism, and accountability of law enforcement leaders, promote public trust and confidence in law enforcement, and increase community safety."
While Schaller said those are "good and reasonable goals" for the Legislature, it "appears that the Legislature does not trust the people of the state of Washington to have good judgment and to elect people to the office of county sheriff who have the type of qualifications and background that an individual voter believes would promote the trust, professionalism and accountability."
"Or the Legislature does not trust that the voters wouldn't vote out a sheriff who did not have the background that they believe is appropriate or did not promote the goals that the Legislature has stated," Schaller said.
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