Washington State Bill Exacting Revenge on County Sheriffs?

The Washington State Legislature is no stranger when it comes to making the job of law enforcement officers more challenging.  They've had to work through restrictions on their ability to pursue criminal suspects, put stricter limits on their ability to use force to detain a criminal suspect, and confusion over which types of non lethal weapons can be used by officers.

Fortunately, many of those bills were rolled back (or the restrictions lifted altogether) but not until after the laws took effect and the fallout was felt.  The latest piece of legislation to target law enforcement specifically deals with Sheriffs, who are elected by the people of their County.  They are independent elected officials and are not overseen by any other aspect of county government.

The Sheriff has a unique set of responsibilities.  The office was solidified through the Washington State Constitution, but it's inception goes back to 1853, when Washington was still a territory.  While the Sheriff is there to uphold county and state laws, they also have a duty to uphold the U.S. Constitution.  The legal meaning of the office was explained in writing by the former President of the National Sheriff's Association, Larry Amerson:

...a sheriff should always perform his or her duties in accordance with the Constitution of the United
States as interpreted by the United States Supreme Court.

Get our free mobile app

Over the last few years, as laws perceived to restrict freedoms protected under the U.S. Constitution were passed out of the State Legislature, a number of elected Sheriffs around the state spoke out against enforcing those laws due to the conflict between state and federal law.  The latest conflict has to do with working with ICE with regard to illegal immigration enforcement.

Washington State law (Keep Washington Working Act) effectively prohibits local law enforcement from working with the agency to apprehend or hold those in the country illegally on a federal detainer.  Police departments do not work outside of those guidelines, but some Sheriffs have said in light of the new direction of the Federal government, they will not impede ICE.

The culmination of actions by County Sheriffs over the last few years has led to the creation of House Bill 1399 by Kirkland State Rep. Roger Goodman.

The bill, which has a hearing in the house Appropriations Committee, would amend the duties of Sheriffs and their deputies by omitting any language regarding their obligation to the U.S. Constitution.  It would also lay out eligibility requirements for Sheriffs (making them the same as police chiefs or marshals even though it is an elected office), and open up the possibility of decertifying an elected Sheriff or candidate for the office.

Franklin County Sheriff Jim Raymond shared his thoughts on HB1399 with me.  Here is a portion of his response:

The Office of Sheriff is a constitutionally elected position embedded in the Washington State Constitution. Every Sheriff in this state currently possesses the necessary education, certifications, and experience to hold their office. Upon election, the county conducts background checks to ensure compliance, and the elected official is responsible for meeting all requirements and obtaining the necessary certifications for the position.

He wasn't done however:

House Bill 1399 appears to be influenced by personal prejudice from the Coalition for Police Accountability and three state representatives from the West side.

Thurston County Sheriff Derek Sanders also released a statement:

I believe deep down that there is a larger ulterior motive going on to get rid of elected Sheriff’s entirely and make them all appointed, with this bill signaling the first move in that direction. It makes sense, because once the elected Sheriff’s are gone, the loud advocates speaking out against the current direction of the criminal justice system are gone, leaving little resistance.

Sheriff Sanders also revealed that he sat down with the group advocating for the bill, the Coalition for Police Accountability, multiple times to understand their position and provide feedback on the legislation.  He also revealed none of his feedback was included.  As of right now only one Sheriff in the state King County) is appointed.  That could change, along with the ability for residents to have a say in who leads law enforcement in their county.