Okanogan County Prosecuting Attorney Albert Lin, who is running for re-election, issued a statement in full support of the legal challenges to SB 5974, which allows an unelected body to remove duly elected sheriffs.
He called the bill “inherently unconstitutional.”
The bill, signed by Gov. Bob Ferguson on April 1, sets stricter standards for candidates for sheriff and allows the Washington Criminal Justice Training Commission, whose board is appointed by the governor, to remove an elected sheriff from office following a review.
Lin said the law “effectively ‘cancels and excludes’ the voice of voters by restricting who can run for office and allowing state-appointed officials to decide if a sheriff can remain in office.”
The law faces legal challenges from Washington State Sheriffs’ Association and a candidate for Kitsap County sheriff, Rick Kuss, who would no longer qualify as a candidate under a new requirement to have at least five years of full-time law enforcement experience. Kuss has been in law enforcement since 2023.
It would also disqualify candidates who enter law enforcement from the military.
Lin said the law imposes another unfunded mandate- costly background checks for candidates “at a time when local governments are struggling with limited resources to meet its basic obligations of public safety.”
Four sheriffs from Eastern Washington have also filed legal challenges: John Nowels of Spokane County, Glenn Blakeslee of Pend Oreille County, Brad Manke of Stevens County and Ray Maycumber of Ferry County.
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This law is important when a sherriff assumes extra authority to determine the constitutionality of a law. It’s the courts’ responsibility. The sherrif must enforce the laws.