NEWPORT, Wash. — Four county sheriffs in Washington filed a lawsuit challenging a new state law that establishes stricter requirements for elected sheriffs and gives a state review board the authority to remove them from office.
The lawsuit, which includes Spokane County Sheriff John Nowels, received its first hearing Thursday in Pend Oreille County Superior Court. Senate Bill 5974 became law in February but faces opposition through two separate legal challenges.
The legislation increases mandatory law enforcement experience from two years to five years and prohibits individuals with felony convictions or gross misdemeanors from serving as sheriff. It also establishes a state review board with power to remove elected sheriffs from office.
The sheriffs argue the law undermines the democratic process by limiting voter choice in elections.
“There are practical implications for each and every one of my clients who have to make a decision. Do I sign an oath under penalty of perjury, which is a felony in Washington State, saying I will submit to this regime?” said Mark Lamb, the attorney representing the sheriffs.
Superior Court Judge Adam Walser granted motions to move the case to Thurston County and expedite the timeline. The Washington State Sheriff’s Association filed a separate lawsuit scheduled for hearing May 1 in Thurston County.
“So I think in this case, in the interest of justice, required that they be litigated together in one court, and one opinion be issued that everybody can follow. To do so otherwise would be pretty chaotic, likely,” Judge Walser said.
The law takes effect next month, before filing deadlines for this year’s elections. The legal challenges question whether the state legislature has authority to impose additional requirements on elected positions beyond those in the state constitution.
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