(The Center Square) – Another lawsuit has been filed over the controversial new law that allows the Criminal Justice Training Commission to decertify a sitting sheriff and set new requirements for sheriff candidates.
As reported by The Center Square, four eastern Washington sheriffs and the Washington Association of Sheriff’s and Police Chiefs (WASPC) filed a lawsuit last week against SB 5974, which will take effect on April 30, unless a judge blocks its implementation.
Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blankeslee, Stevens County Sheriff Brad Make and Ferry County Sheriff Ray Maycumber filed suit in Pend Oreille Superior Court arguing the new law is unconstitutional.
During an Apr 1 bill signing, Governor Bob Ferguson said the measure will “bolster public trust” in law enforcement.
“Sheriffs and police chiefs should be held to the same standards as their own officers and deputies,” Ferguson said. “They should be certified and have law enforcement experience, pass the background check, and have a clean criminal history.”
Kitsap County Sheriff’s candidate Rick Kuss, along with the Washington State Sherriff’s Association (WSSA) filed a second lawsuit in Thurston County Superior Court on Apr 6, arguing sections of the new law are unconstitutional. The suit also seeks an injunction to block implementation.
The legal filing names defendants Jerrell Wills, the interim executive director of the Criminal Justice Training Commission, and Washington State Patrol Chief John Batiste.
“I think the big thing is democracy and having a contested election. It’s up to the people in the county,” said Kuss in a Wednesday interview with The Center Square. “There are approximately 195,000 voters [in Kitsap County]. In 2022 when I ran, I had over 50,000 votes. So, winning or losing, having a contested race is part of democracy, and no government entity should be able to choose who is that candidate, and who’s going to be the next sheriff.”
Kuss served 24 years in the United States Navy and is a current King County Sheriff’s Deputy. Despite his military service and current law enforcement position, he lacks the five years of consecutive law enforcement experience the new law requires in order to run and be certified by the CJTC.
“There are candidates and sheriffs that just stay off [social media] and there are some that are vocal about what’s going on and what’s wrong,,” he said. “And for some group like the Criminal Justice Training Commission (CJTC) to be able to remove or say someone is not qualified to run for sheriff based on their content on their social media is insane.”
The CJTC includes 21 members. All but two are appointed by the governor. The suit filed by Kuss, WSSA and their attorney Joel Ard, as well as the previously filed litigation from the four sheriffs argue that the new and existing criteria that the CJTC will use to determine whether to certify a peace officer includes far too much discretion and interpretation.
The Center Square reached out to the Criminal Justice Training Commission for comment about the lawsuit but was told that based on pending litigation, they could not comment, except to say “WSCJTC remains committed to carrying out its responsibilities under state law and ensuring accountability, professionalism and public trust in law enforcement certification and training.”
Washington State Patrol Chief John Batiste also declined comment.
