by Jake Goldstein-Street, Washington State Standard
May 5, 2026
A Washington Supreme Court commissioner on Tuesday declined to pause a judge’s ruling that blocked a new law setting stricter qualifications for sheriffs.
Deputy Commissioner Walter Burton agreed with sheriffs challenging the law that the status quo from past years should remain while litigation continues, even as candidates for sheriff file to run for election this week.
“Denying a stay essentially means that the system that has long been in place will continue for the time being,” Burton added. “Petitioners do not show that immediate harm is likely to result from at least temporarily maintaining this status quo.”
Last week, in response to a lawsuit from four eastern Washington sheriffs, a Thurston County judge blocked parts of the law from taking effect.
“It is a fundamental right to run for elected office, and to vote for elected office, with very, very few exceptions,” Superior Court Judge Christine Schaller said, finding the Legislature “may have exceeded its constitutional authority.”
Burton’s decision amounts to keeping Schaller’s preliminary partial block on the law while litigation continues. It’s by no means the final word. The law faces multiple legal challenges.
Mike Faulk, spokesperson for the state attorney general, said the office will “continue to defend the constitutionality of the law.”
On the other side, the sheriffs’ attorney, Mark Lamb, said in an email he was “encouraged that the Constitution will continue to protect the rights of candidates during this filing week.”
“We now look forward to moving towards a final resolution to permanently establish that citizens have a right to choose their Sheriff in a free and fair election,” he added.
The arguments
The state attorney general’s office on Friday filed an emergency motion with the state Supreme Court to pause Schaller’s block and allow the law to go into effect, asking for a speedy ruling given the candidate filing period for this week’s election began Monday. The deadline to file to run is Friday. Sheriffs in 35 of Washington’s 39 counties are up for election.
In its motion, the state called Schaller’s ruling “indefensible,” arguing she blocked parts of state statute that had been on the books for decades and relied on legal arguments the sheriffs didn’t make and that attorneys for the state didn’t have an opportunity to rebut.
Burton noted sheriffs could still be ousted from office later under the law, if the courts eventually allow it to take effect. He pointed out that the law includes a process for replacing sheriffs removed from office.
“There is nothing to suggest that process cannot be carried out in an orderly and expeditious manner,” wrote Burton, a longtime deputy commissioner. “Further, if, somehow, the legislation were to be upheld by the time of the primary election, a remedy exists to exclude unqualified candidates from the general election ballot.”
In response to the state’s motion, the sheriffs countered Monday that the longstanding electoral standards should remain until a final say on the law.
“Once an election cycle proceeds under unconstitutional conditions, no appellate decision can restore what is lost,” Mark Lamb, the plaintiffs’ attorney, wrote in court filings. “Candidates forced to withdraw or self-censor cannot be made whole. Voters deprived of meaningful choice cannot be given that choice back.”
Burton agreed, writing that the sheriffs “having to currently comply with a statute in a way that (they argue) violates their constitutional rights or forego seeking reelection cannot be remedied by an ultimate decision invalidating the statute.”
Senate Bill 5974 establishes new, equal standards for county sheriffs, who are usually elected, and appointed police chiefs. Failing to meet the new requirements or getting state certification revoked is grounds for removal from office under the new law. The state’s Criminal Justice Training Commission would have the authority to deny or revoke sheriffs’ certifications.
The new criteria for sheriffs include at least five years of law enforcement experience, no felony or gross misdemeanor convictions, being at least 25 years old and no history of actions that would get state certification as a peace officer revoked. Candidates for sheriff have to attest they meet the requirements. If a sheriff is removed, county officials would appoint a replacement.
Sheriffs across the state argue the law undermines the will of voters by creating an administrative path to force elected officials from office. Its backers see it as holding police leaders accountable to the same standards as their subordinates.
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