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Pierce County Sheriff wants to work with ICE. WA law says he can't. Here's why
Pierce County Sheriff wants to work with ICE. WA law says he can't. Here's why

Yahoo

time8 hours ago

  • Politics
  • Yahoo

Pierce County Sheriff wants to work with ICE. WA law says he can't. Here's why

Pierce County Sheriff Keith Swank's desire to cooperate with federal immigration authorities, despite Pierce County officials saying he can't under Washington law, has resulted in pending legal action after Swank used an outside attorney to serve three officials with a demand for mediation last week. Pierce County Prosecuting Attorney Mary Robnett has told Swank he cannot seek legal advice from attorney Joan Mell and that only the Prosecuting Attorney's Office can act as Swank's attorney. She also said Mell's legal advice about cooperating with U.S. Immigration and Customs Enforcement (ICE) could expose the county to millions of dollars in potential liability, as previously reported by The News Tribune. On Wednesday Robnett served Mell an order seeking to restrict her from offering legal advice to Swank. Mell has told The News Tribune that Robnett incorrectly advised Swank and was duty-bound as counsel to adhere to his requests, for example, challenging the Keep Washington Working Act, which Swank has called unconstitutional. Swank has also told the News Tribune he feels caught between federal directives to enforce immigration detainers and state law that forbids it. To get an outside perspective, The News Tribune asked Hugh Spitzer, a semi-retired professor at the University of Washington School of Law, about the issue. Spitzer has practiced law in Washington for 50 years and has spent 10 years teaching at the law school on topics including local government and municipal law, Washington state constitutional law and legal ethics and professional responsibility. On Wednesday Spitzer said all sheriffs in Washington are subject to statute and state law. The Pierce County Charter states that part of the county executive's job is to supervise and manage all executive departments established by the charter or the county council, which includes the sheriff's office, he said. 'It doesn't mean that the executive can interfere with a so-called 'core function,' but the executive still has some powers in terms of oversight,' he said. 'And the prosecuting attorney is probably right when she said in her memo that the sheriff can't go out and contract with his own lawyer [because] the prosecuting attorney shall be the legal advisor of the county and appears and represents the county.' An overview of the executive's role, as spelled out in the 2017 Pierce County budget, says 'all executive departments are subject to the personnel, budgeting, expenditure, and any other policies of general application established by the County Executive,' including the Sheriff's Office. Likewise the executive has supervision and management power over 'all County administrative operations including staffing, expenditures, and procedures; strategic direction for the resolution of complex or sensitive County issues; and, execution, enforcement, and support of Pierce County policy and state/federal statutes.' The sheriff is responsible for police services in unincorporated Pierce County and several contracted cities, including patrol, criminal investigation and emergency response, according to the charter. The sheriff also administers the county jail. Spitzer said Swank can hire a lawyer to represent him personally but not as the sheriff because the County Council has control over expenditures like that. Mell did not respond to a question from The News Tribune on Wednesday asking whether Swank was seeking for Pierce County to pay his attorney fees. In terms of working with ICE, Spitzer said although local governments have a lot of flexibility over how they are structured and run, 'ultimately, everything has to be according to general law.' In this case Swank will have to abide by the 2019 bipartisan Keep Washington Working Act that emphasizes immigration enforcement is primarily a federal responsibility. Under the act, local law enforcement cannot arrest people solely for civil immigration offenses. 'The sheriff, if they don't like it, they're welcome to not like it,' Spitzer said. 'But that doesn't mean they can violate their oath and not follow the law by claiming that they understand the constitution better than the Legislature does.' Spitzer said there's a movement in the state and nationally where so-called 'constitutional sheriffs' have a notion that because their offices are mentioned in their state's constitution that they're not subject to statute or their county charters. The only way Swank would be able to cooperate with ICE is if he sued the state 'on his own nickel' and won, Spitzer said. In March, Washington's Attorney General Nick Brown filed a lawsuit against the Adams County Sheriff's Office for illegally aiding federal officials with immigration enforcement in eastern Washington, as previously reported by The Olympian. In April Swank traveled to Washington, D.C. with other sheriffs from across Washington, including Adams County Sheriff Dale Wagner, to give Wagner moral support and 'bring what he sees as a conflict between state and federal law to the attention of the federal government,' as reported by The News Tribune. Mell told The News Tribune in an email Wednesday evening, 'The Sheriff has the right to question and legally challenge State law where it invades his core constitutional duties.' 'A professor saying the Sheriff has to follow the law is not news. Finally Pierce County has a Sheriff willing to challenge the law to ensure he has all the tools in his tool belt to which he is entitled to keep the peace,' she wrote. 'Pierce County is in desperate need of every mechanism available to cut the skyrocketing violence and crime in Pierce County under Robnett and [Executive Ryan] Mello['s] leadership.'

5 articles about law enforcement staffing and funding challenges in Washington
5 articles about law enforcement staffing and funding challenges in Washington

Yahoo

time22-05-2025

  • Politics
  • Yahoo

5 articles about law enforcement staffing and funding challenges in Washington

Stories by Tacoma News Tribune journalists, with AI summarization This list of stories illustrates the pressure on law enforcement staffing and funding in Washington state. Agencies like the Pierce County Sheriff's Office face staffing gaps, contract tensions and calls for more competitive pay. Local debates continue about technology use, such as Tacoma's adoption of ShotSpotter, and how public safety money should be spent. Many stories point to Washington's low rank for officers per capita and rising demand for police response. Former Seattle police captain Keith Swank took his oath of office and was sworn in as sheriff in a crowded room Wednesday evening in Graham. | Published January 16, 2025 | Read Full Story by Peter Talbot 'It should come as no surprise that the number of law-enforcement officers in Washington has not kept pace with its growing population.' Opinion | Published February 28, 2025 | Read Full Story by Sen. Jeff Holy ShotSpotter uses sensors to detect gunshots and dispatch police officers. Police officials say it will save lives when gunfire goes unreported. | Published March 5, 2025 | Read Full Story by Peter Talbot 'I think this is about the sentiment that it shows toward police officers on the street: that we recognize that we're way far behind and we need to get caught up,' said Thurston County Sheriff Derek Sanders. | Published May 20, 2025 | Read Full Story by Simone Carter Staffing levels at the Sheriff's Office haven't kept pace with the growth of the county's population, census and county data shows. | Published May 22, 2025 | Read Full Story by Peter Talbot The summary above was drafted with the help of AI tools and edited by journalists in our News division. All stories listed were reported, written and edited by McClatchy journalists.

Pierce Co. Sheriff wants more accountability for juvenile criminals
Pierce Co. Sheriff wants more accountability for juvenile criminals

Yahoo

time08-05-2025

  • Yahoo

Pierce Co. Sheriff wants more accountability for juvenile criminals

The Brief Pierce County is seeing triple the number of homicides this year, and several of the violent incidents involve kids. Sheriff Keith Swank believes a big part of the problem is that juveniles face no accountability. TACOMA, Wash. - The Pierce County Sheriff says he is worried that violent crimes involving children will only continue to increase due to a lack of accountability. What we know Pierce County is facing an increase in murders. So far this year, numbers show there are three times the number of homicides in comparison to the same period as last year, according to the sheriff's office. Several of these incidents involve children, either as victims or suspects. Pierce County Sheriff reacts to youth violence What they're saying "It makes me feel terrible because I'm the sheriff of the area, and I'm trying to keep these communities safe for our citizens, right? For our people, our residents to live there and everything. So, I'm worried about it," said Sheriff Keith Swank. Swank tells FOX 13 he has concerns regarding bail and plans to address the issue with local judges. "[Juvenile criminals are] not being held accountable. So that's the problem. We arrest them for committing a violent crime, and we turn them back loose again," said Swank. The plan to stop youth violence As violence is expected to increase during the summer months, Swank tells FOX 13 Seattle he hopes to get emphasis patrols in high-crime areas of the county. "I'd like to have more people visible instead of them running to call, to call, to call. Right? When deputies are visible, people feel safer, and the community is safer," he said. What's next However, the Pierce County Sheriff's Office is facing low staffing numbers. They are currently 21 deputies short, Swank said. He tells FOX 13 his hope is to get back to full staff by the end of the year. The Source Information in this story comes from original reporting by FOX 13 Seattle reporter AJ Janavel. MORE NEWS FROM FOX 13 SEATTLE Dashcam footage shows shocking 'road rage' hit-and-run on motorcyclist Dozens arrested after protests escalate at University of Washington in Seattle Inmate escapes police at Seattle-Tacoma International Airport Jamie Tompkins claims Seattle police scandal was a setup. Here's why 2 new trails connect Redmond transit station to King County park To get the best local news, weather and sports in Seattle for free, sign up for the daily FOX Seattle Newsletter. Download the free FOX LOCAL app for mobile in the Apple App Store or Google Play Store for live Seattle news, top stories, weather updates and more local and national news.

Proposed WA bill could allow police to hire non-U.S. citizens, Pierce County sheriff says he refuses
Proposed WA bill could allow police to hire non-U.S. citizens, Pierce County sheriff says he refuses

Yahoo

time28-03-2025

  • Politics
  • Yahoo

Proposed WA bill could allow police to hire non-U.S. citizens, Pierce County sheriff says he refuses

The new Pierce County sheriff said he will refuse to hire any non-U.S. citizen after a new WA bill passed, which would allow law enforcement to hire anyone who can legally work in the United States. Senate Bill 5068 was backed by the entire State Senate – 30 Democrats and 19 Republicans – in early February. 'I have a problem with non-citizens being cops and arresting our citizens in Pierce County. Therefore, we're not going to hire non-citizens for the Pierce County Sheriff's Office,' said Keith Swank, sheriff of the Pierce County Sheriff's Office. Sheriff Swank told KIRO 7 News that he supports non-U.S. citizens working in the country, including in the military, but just not within law enforcement. 'There's a difference between law enforcement and the military. In law enforcement, we arrest people. We take away their constitutional rights. We lock them up in jail. We don't use our military to do that. They're defending America, hopefully, in foreign countries and foreign places, right, and here if we need to. So, there's a big difference,' he said. But his main concern is how non-citizens would be vetted, he added. 'We check everything out from the childhood, the whole way to the present day, whenever you apply to be here. If you're from a foreign country, we don't have that ability to check anything out about you,' he said. Senator John Lovick, who sponsored the bill, disagreed and shared the following statement: 'SB 5068 is a good bill, allowing those legally authorized to work in the country, such as DACA recipients, the opportunity to serve and protect their communities. This will help ease Washington's peace officer shortage and get officers into the communities that need them. That is why the Washington State Association of Sheriffs & Police Chiefs, the King County Prosecuting Attorney's Office, and every member of the Washington State Senate support this legislation. The U.S. government conducts an extensive background check before authorizing a legal immigrant to work in the country. A police officer's job is to keep people safe and make them feel safe. People legally authorized to work in Washington, who love their neighborhood and neighbors enough to risk their life to protect them, deserve the chance to do so.' However, Swank said he believes the bill would not truly address the shortage of officers across the region. 'The real problem is the reason it's hard to hire people in Washington State. The state legislature has passed laws in Washington administrative codes that make it very difficult to be an officer here,' he said. 'Cops don't want to work here when they're afraid to do something they might be put in prison for it. That's a big deal.' The bill passed the House Committee on Community Safety last week with a 6-3 vote.

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