SPOKANE, Wash. — Four Eastern Washington sheriffs filed a lawsuit against Governor Bob Ferguson and the state over a new law they claim is unconstitutional.
The sheriffs from Spokane, Stevens, Pend Oreille and Ferry counties filed the lawsuit days after Ferguson signed the law. The law sets new requirements and removal processes for law enforcement officers.
Unlike other law enforcement leaders in Washington, sheriffs are elected by voters. The lawsuit focuses on parts of the law that allow the Criminal Justice Training Commission to remove sheriffs from office.
“We’re using all three branches of government to make sure that the citizens’ voters’ rights are protected and prevent this, what I will deem as overreach by the legislative branch into the executive branch of government,” said Sheriff John Nowels of Spokane County.
The new law requires all law enforcement officers to have five years of full-time experience, no felony or gross misdemeanor convictions, be at least 25 years old and stay certified as a peace officer.
The law also allows the unelected Criminal Justice Training Commission to revoke certification and remove a sheriff from office. The sheriffs say this is unconstitutional.
“The standards by which they can revoke a certification can be interpreted to be very broad. And the only interpretation that appears to matter is their own. And so it doesn’t require any kind of a civil finding or any court process or a voter process,” Maycumber said.
Supporters of the law say it will create better accountability and trust in law enforcement.
“Sheriffs and police chiefs should be held to the same standards as their own officers and deputies. They should be certified and have law enforcement experience, pass a background check and have a clean criminal history,” Ferguson said.
The lawsuit claims the law takes power away from voters.
“It’s a transfer of accountability from the people who, you know, I did swear an oath to stand up for, to fight and die for if needed,” Maycumber said.
The law goes into effect by the end of this month. The first hearing for the lawsuit is scheduled for next Thursday.
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