Washington State Supreme Court denies state’s attempt to reinstate sheriff’s standards law

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After a Thurston County judge blocked part of the law, the state filed a motion seeking a reversal. The state Supreme Court denied the motion Tuesday.

OLYMPIA, Wash. — The Washington State Supreme Court declined to reinstate new rules for state sheriffs that a Thurston County judge put on hold last week, after four eastern Washington sheriffs sued over the law. 

Thurston County Superior Court judge ruled to partially block the new state law that would tighten requirements for law enforcement leaders. After the partial injunction, the state filed an emergency motion with the Supreme Court seeking to allow the law to take effect, even as litigation is ongoing. 

On Tuesday, Deputy Court Commissioner Walter Burton denied that request.

“First and foremost, a stay is not necessary to preserve the fruits of a successful review,” wrote Commissioner Burton in his ruling. “Staying the preliminary injunction…risks irreparable deprivations should the provisions applicable to sheriffs be invalidated by final judgment.”

Senate Bill 5974 was signed into law and establishes stricter eligibility rules for sheriffs, police chiefs and town marshals, including mandatory background checks, a minimum age of 25 and at least five years of law enforcement experience. 

A legal challenge was filed with the Pend Oreille County Superior Court by four eastern Washington sheriffs, including Spokane County Sheriff John Nowels. The sheriffs argue the legislation is an overreach of power and takes rights away from voters. 

The law took effect for everyone except elected sheriffs last week. 

“There is nothing to suggest that process cannot be carried out in an orderly and expeditious manner should the legislation ultimately be upheld and result in some elected sheriffs who fail to meet the new qualifications being removed from office,” wrote Commissioner Burton. 

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