Wash. Supreme Court published opinion — 989681.pdf

Citation: Wash. Supreme Court published opinion — 989681.pdf
Jurisdiction: Washington (state)
Source: Official source
Original Source: https://www.courts.wa.gov/opinions/pdf/989681.pdf ↗

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voters could certainly conclude that Sheriff Hatcher violated RCW 40.16.020 when

he stored over 13,000 rounds of ammunition in his home without reasonable

justification as it was an exorbitant amount of ammunition to possess as “practice

ammunition” and some of the ammunition did not match the calibers of his

department-issued weapons.

In contrast with other elected officials, the elected sheriff possesses law

enforcement duties that are inherently affected when he or she commits a crime. As

the elected sheriff, Sheriff Hatcher took an oath to “support the laws of the State of

Washington.” Id. at 49. Under RCW 36.28.010(1), the sheriff “[s]hall arrest and

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
In re Recall Charges Against Benton County Sheriff Gerald D. Hatcher,
No. 98968-1

commit to prison all persons who break the peace, or attempt to break it, and all

persons guilty of public offenses.” Further, under RCW 36.28.011, “[i]n addition to

the duties contained in RCW 36.28.010, it shall be the duty of all sheriffs to make

complaint of all violations of the criminal law, which shall come to their knowledge,

within their respective jurisdictions.” Therefore, the sheriff who violates the law puts

himself in a position where he must choose between serving his constituents through

his law enforcement duties or acting within his own self-interest. Accordingly, a

sheriff’s actions in violation of RCW 40.16.020, 36.28.010, and 36.28.011, clearly

amount to both misfeasance and malfeasance under RCW 29A.56.110.

Sheriff Hatcher claims that because the operating procedures provide no limits

as to the amount of practice rounds one may possess, he is within his discretion to