Benton sheriff wants state Supreme Court to end employee’s attempt to force him from office

Sheriff Jerry Hatcher has put the Washington state Supreme Court on notice that he is appealing a judge’s decision allowing a recall effort to move forward.

Richland attorney George Telquist filed the notice of appeal for the sheriff this week.

It had to be done within 15 days of the judge’s order being entered in Benton County Superior Court, and now sets in motion a schedule for briefs to be submitted.

A date then will be set for the entire bench of the state’s high court to consider Hatcher’s appeal and decide whether to hear arguments in the case.

Telquist previously told the Tri-City Herald he is confident that Judge M. Scott Wolfram’s decision will be reversed by the state Supreme Court before the recall makes it onto a special election ballot.

Early on in the process, Hatcher vowed to fight any recall effort, noting that it is his right to due process as an American citizen. He’s also said that if it goes to an election, he believes the voters “will speak loud and clear” in favor of the sheriff and against the labor guild in the recall.

However, Alan Harvey, who represents sheriff’s Sgt. Jason Erickson and the Benton County Deputy Sheriff’s Guild, said they had an independent judge from another county who reviewed the matter on a statement that was written by a neutral prosecutor within the statute.

“Due process occurred in front of Judge Wolfram. Jerry Hatcher wanted due process and he received it,” the Vancouver lawyer told the Herald on Tuesday. “I don’t believe the Supreme Court will see it any differently. Judge Wolfram committed no error.”

Wolfram is a Walla Walla County Superior Court judge.

Recall petition

Erickson filed the petition against his boss in July, alleging Hatcher has intimidated witnesses and public servants in investigations, retaliated against them, tampered with physical evidence and violated his oath of office.

Erickson — backed by nearly the entire membership of the guild — accused Hatcher of committing illegal acts, including possessing almost 14,000 rounds of county-owned ammunition at his Kennewick home.

The sergeant demoted himself in February from the rank of lieutenant, after learning about the cache of ammo that Hatcher had stashed away. He believed it was evidence of a crime. Erickson remains a sergeant with the department.

On Tuesday, the Benton County commissioners unanimously approved a letter to the Washington State Patrol and the state Attorney General, calling for a criminal investigation into the ammunition.

The sheriff has said he did nothing wrong, and that he kept the ammunition so he could run out to the shooting range for target practice on a day the wind wasn’t blowing.

In an Aug. 20 court hearing, Wolfram approved all eight charges on the proposed ballot synopsis, which cannot exceed more than 200 words.

With the approval, which became official on Aug. 28, Erickson has six months to collect valid signatures from a number of voters equal to 25 percent of the votes cast in Hatcher’s last election.

That means signatures are needed from almost 14,000 Benton County voters.

Hatcher has been sheriff since May 2017 when he was picked to take over the position following the resignation of Steve Keane.

As an elected official, Hatcher can only be removed from office in a county election. He also can step down voluntarily before his term is up at the end of 2022.

This story was originally published September 1, 2020 at 2:44 PM.