Lawsuit to block new standards for county sheriffs moved to Thurston County

A lawsuit filed by four Washington sheriffs over a new state law that gives an oversight board the authority to remove elected sheriffs from office was transferred to Thurston County Superior Court during a hearing Thursday afternoon.

The legislation requires 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.

Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blakeslee, Stevens County Sheriff Brad Manke and Ferry County Sheriff Ray Maycumber filed a lawsuit on April 3 in Pend Oreille County alleging the law's requirements are unconstitutional. In a previous interview, Nowels called the new rules "legislative overreach."

Last week, the Washington State Sheriffs' Association and a candidate for Kitsap County sheriff filed a separate, but similar, lawsuit in Thurston County Superior Court challenging the legislation. The association represents all 39 sheriffs in the state, including the four who filed the separate litigation.

Both lawsuits seek a preliminary injunction to block the state from enforcing the legislation and new requirements.

Solicitor General Noah Purcell argued that since the legislation was considered and enacted during the legislative session, it should be considered in Thurston County, where the state capitol is located, rather than Pend Oreille County. He argued that allowing the case to proceed in Pend Oreille County could create the potential for superior court judges in different parts of the state to issue conflicting rulings.

"The interests of justice are not served by two different superior courts in this state hearing the same claims from the same plaintiff at the same time," Purcell said. "It unfairly gives the plaintiffs essentially two bites at the apple. They get to proceed in as many counties as they want and then just see whichever ruling they like best."

Purcell said, "It would make the most sense for one judge to resolve all of these issues at one time, in one place."

Lincoln County Superior Court Judge Adam Walser, who heard the case Thursday afternoon, said "in the interest of justice" both cases should be heard in the same court, where a singular order can be issued "that everybody can follow."

"To do so otherwise would be pretty chaotic," Walser said.

Walser said Thursday he would not consider the request for a preliminary injunction and instead would allow a judge in Thurston County to weigh in. A hearing in Thurston County is scheduled for May 1.

"To bind Thurston County's hands, and send it to a judge over there and say, 'By the way, I've made all of these decisions for you, have fun,' that's not something I'm willing to do to another judge," Walser said.

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