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This story was written by Jake Goldstein Street
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with the Washington State Standard.
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Washington Governor Bob Ferguson on Wednesday
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signed into law new standards for sheriffs
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that make it easier to remove them from office.
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But Ferguson didn't love all of Senate Bill 5974,
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suggesting it could be tweaked in 2027.
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Sheriffs, who are mostly elected in Washington,
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ardently opposed the law as undemocratic.
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The law's supporters who see it
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as holding police leaders to the same standards
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as their rank-and-file officers expect litigation.
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The legislation requires county sheriffs
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and police chiefs to meet heightened eligibility standards.
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The criteria include having five years
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of full-time law enforcement experience,
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not having any felony or gross misdemeanor convictions,
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being at least 25 years old, and not having done anything
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that would get state certification as a peace officer revoked.
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Until now, sheriffs haven't had to meet
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the same eligibility requirements as police chiefs.
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Sheriffs are elected, except in King County,
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while police chiefs are appointed.
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Within nine months of taking office,
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the bill says sheriffs need to get their certification
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if they don't already have it.
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Previously, they had a year.
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If they don't obtain or lose certification
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from the State Criminal Justice Training Commission
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or otherwise don't meet the new requirements,
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sheriffs would have to vacate office.
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This aspect of the bill has drawn the most eyeer.
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The commission also decides on rescinding officer certification.
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Critics say the law gives the commission too much power.
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Five member hearing panels from the Criminal Justice Training
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Commission make final decisions on desertification.
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The panels include three civilians and two police officials.
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Several sitting sheriffs have opened complaints
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before the commission, including Pierce County Sheriff Keith
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Swank, who drew criticism earlier this year
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after delivering testimony some lawmakers
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took as threatening.
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Local officials will be tasked with appointing a replacement
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if a sheriff is removed.
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Until now, the only recourse for removing a sheriff
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from office has been the rarely used recall process,
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which leaves the decision up to voters.
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Ferguson said Wednesday that he had reservations
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about this vacancy process.
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He had the option to veto parts of the bill,
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but stopped short of taking that step.
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Sheriffs had been pressing the governor
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to veto sections of the bill for weeks.
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Some of them met with Ferguson in recent weeks
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to express their frustrations, he said.
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It's a serious step when someone's being removed from office
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speaking as an elected official.
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Ferguson told reporters,
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I just want to make sure we're being as thoughtful
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as possible on that.
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And so I just press that to the bill sponsors.
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I don't make too big a deal out of it.
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I'll be looking for ways if we can just improve that process
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a little bit as we go into next session, he added,
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noting it's too early to say what those revisions could be.
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In the days before signing, Ferguson called Bill Sponsor
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Senator John Lovek, demil Creek, to share his concerns.
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They met again this week, Lovek said.
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We were able to satisfy his concerns, Lovek said,
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noting lawmakers may return to the issue
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when they reconvene next January,
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but it'll likely still be in the limelight in the meantime.
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Representative Roger Goodman, D. Kirkland,
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is expecting a lawsuit over the law,
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but thinks it'll be upheld.
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We worked really hard to make sure
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this is constitutional, said Goodman,
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who led the charge for the law in the House.
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Ferguson also said he's confident
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the law can withstand legal scrutiny.
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The Washington Association of Sheriffs
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and Police Chiefs declined to comment Wednesday,
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but had written to the governor last month, urging his veto.
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Walla Walla County Sheriff, Mark Criter,
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has been one of the law's most vocal critics,
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but wasn't reachable for comment on Wednesday.
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We've made our point that this is an unconstitutional
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piece of legislation that takes away the voters' right
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to choose who their elected officials are,
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Criter said last month.
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In my opinion, the whole thing is looking for a problem
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Sheriffs have also expressed concerns
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about another provision in the law,
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requiring sheriff candidates to get a background check
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from the Washington State Patrol.
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Counties will foot the bill for those costs.
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The sheriff say this will burden counties
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that are already strapped for cash.
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Most of the laws provisions take effect at the end of April.
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Its limitations on the use of police volunteers
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don't kick in until January.
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On this issue, the law says police agencies
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can't use untrained volunteers
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to enforce criminal statutes or civil immigration laws,
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engage in pursuits, use force, carry weapons,
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or use surveillance technology, among other things.
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They could still assist with administrative support
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and other more routine duties.
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They also must be distinguishable from commissioned officers.
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This report was first published
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by the Washington State Standard.