Chapter 36.28 RCW

The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office, the sheriff and the sheriff's deputies:

(1) Shall uphold and enforce the Constitution and laws of the state of Washington, as interpreted and applied by the state supreme court, and uphold the United States Constitution;

(2) Shall be authorized to address all violations of the law and arrest persons who break the law;

(3) Shall defend the county against those who, by riot or otherwise, endanger the public peace or safety;

(4) Shall execute the process and orders of the courts of justice or judicial officers, when delivered for that purpose, according to law;

(5) Shall execute all warrants delivered for that purpose by other public officers, according to the provisions of particular statutes;

(6) Shall obey lawful judicial orders or directions;

(7) Shall keep and preserve the peace in their respective counties, and are authorized to work in collaboration with other law enforcement agencies pursuant to the Washington mutual aid peace officers powers act, chapter 10.93 RCW;

(8) Shall effect the service of process in civil or criminal cases; and

(9)(a)(i) May call to their aid volunteers and youth cadets, as defined in RCW 35.21.722. Any sheriff in any county that uses volunteers or youth cadets to assist in the sheriff's work may not provide authority to them, unless they have completed peace officer training and maintained certification requirements, to enforce criminal laws; engage in pursuits; detain or arrest; use force; carry or use firearms or other weapons; use surveillance technologies except fixed cameras within sheriff's offices; or share information from law enforcement databases with any party other than the sheriff or the volunteer supervisor designated in accordance with (b) of this subsection. They also may not be authorized to enforce civil immigration laws. However, volunteers who are qualified retired law enforcement officers under the federal law enforcement officers safety act improvements act of 2010 (18 U.S.C. Sec. 926C) may be authorized to carry firearms as part of their volunteer work for the law enforcement agency. Additionally, volunteers and youth cadets may not be authorized to use dogs to track people or animals, and may not use dogs to apprehend or bite people or animals. They may, however, use dogs to assist with search and rescue, including assisting with canine human remains detection, cadaver search, evidence search, or other search-oriented support of a law enforcement investigation.

(ii) A sheriff may authorize volunteers to assist with roles including, but not limited to, technical and administrative support, bicycle recovery, community crime prevention coordination, vehicle maintenance, helping with search and rescue as described in (a)(i) of this subsection, serving as faith leaders, transport, parking enforcement and traffic management, assisting with parks and recreation, animal control and caring for domestic animals, and other public safety-related community service, education, and outreach work.

(b) Limitations on authority pursuant to (a) of this subsection, and the required supervision of volunteers and youth cadets, must be set forth in agency policies. Agency policies must also include limitations on the authority of, and requirements for, specially commissioned officers, including requirements that specially commissioned officers must be supervised by the law enforcement agency that commissioned them, other than when acting pursuant to RCW 10.93.050. Policies and ordinances must require appropriate training for any firearms or other weapons that specially commissioned officers or youth cadets are authorized to use. Agency policies must also require that volunteers, youth cadets, and specially commissioned officers be clearly identifiable by the public as such, and as distinguishable from peace officers, with limitations on the use of face coverings consistent with standards in state law for law enforcement. Sheriffs, police chiefs, and marshals must only provide badges or other identifying insignia to volunteers, youth cadets, and specially commissioned officers that are authorized in agency policy, and such identification may only be used by them while on duty in their authorized roles.

(c) A specially commissioned Washington peace officer as defined in RCW 10.93.020 is not considered a volunteer for purposes of this section.

(d) The requirements of this subsection must be implemented in accordance with RCW 36.01.400 and take effect January 1, 2027, to provide time for adoption of policies, laws, and ordinances.

Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

Persons may be deputed by the sheriff in writing to conduct service of process in civil or criminal cases, and the sheriff shall be responsible on the sheriff's official bond for their default or misconduct. The use of such persons shall be limited to functions and actions not involving use of law enforcement authority or carrying of firearms or other weapons unless such persons are certified as peace officers under chapter 43.101 RCW.

Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

(1) A person filing for candidacy for the office of sheriff, or seeking appointment to the office of sheriff, is eligible for election, appointment, holding office, and remaining in that office only if that person:

(a) Is a citizen of the United States of America;

(b) Is at least 25 years old;

(c) Has obtained a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536;

(d) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a felony;

(e) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a gross misdemeanor, unless the conviction has been vacated;

(f) Has not engaged in and does not engage in conduct meeting the criteria requiring denial or revocation of certification set forth in RCW 43.101.105(2);

(g) Has received at least a general discharge under honorable conditions from any branch of the armed services for any military service if the person was in the military service;

(h) Has completed at least five years of regular, full-time law enforcement employment, involving enforcement responsibilities with a government law enforcement agency, as defined in subsection (4) of this section;

(i) Within nine months of assuming office, unless otherwise extended by the criminal justice training commission, has obtained certification, thereafter maintains certification as required under chapter 43.101 RCW and the rules of the commission, and has never had their certification denied, revoked, or voluntarily surrendered, and not reinstated, by any other state; and

(j) Except as provided in subsection (5) of this section, prior to the election filing deadline, within 30 days after certification of the election results, or at the time of appointment, has completed a background check verifying that the person has met the requirements in (a) through (i) of this subsection. Procedures for background checks verifying eligibility requirements have been met are provided in subsection (2) of this section.

(2)(a) For any person filing for candidacy or elected to the office of sheriff, the Washington state patrol must conduct the background check verifying eligibility. The state patrol must complete the background check no later than the election filing deadline, or, if the request for the background check is made too close to the election filing deadline to meet that timeline, no later than 30 days after the date of certification of the election results. A person filing for candidacy for the office of sheriff must submit a background check request to the Washington state patrol within six months of, and up to, the deadline for filing for election, and provide with the request the attestation required by subsection (3) of this section. Once the state patrol completes the background check, the state patrol shall submit confirmation to the criminal justice training commission that the person has or has not passed the background check verifying eligibility. The confirmation is a public record. The state patrol shall notify the candidate or elected person.

(b) Immediately following the filing deadline, the criminal justice training commission shall post on its public website maintained under RCW 43.101.400(4) a list of all candidates for sheriff who have submitted the request for a background check and the attestation as required by this section, and each candidate who has passed the required background check.

(c)(i) The Washington state patrol must develop and provide on its website, by May 1, 2026, a standard form and process for persons filing for candidacy for the office of sheriff to use in requesting the required background check, including the required attestation that the person meets all the eligibility requirements, submission of fingerprints and all information necessary to conduct state and national criminal history record checks, and all other information necessary for the Washington state patrol to conduct the eligibility verification required by this section. The Washington state patrol must submit the fingerprints to the federal bureau of investigation for a comparison with nationwide records, as required and authorized under P.L. 92-544.

(ii) For the purpose of the Washington state patrol accessing state and national criminal history record information, including mandatory fingerprint-based background checks submitted to the federal bureau of investigation, any person who is not certified, filing for candidacy for the office of sheriff, elected to the office of sheriff, or seeking appointment to the office of sheriff is deemed an applicant for peace officer certification eligibility under chapter 43.101 RCW. Completion of this state and national criminal history record check is a mandatory condition of their candidacy, election, or appointment.

(d) In the case of appointment, the background check verifying eligibility must be completed by the appointing authority no earlier than six months prior to the date of appointment. The appointing authority must submit confirmation to the criminal justice training commission that the background check verified that the person meets the eligibility requirements. Such confirmation is a public record.

(e) The county in which a person is seeking appointment or election to the office of sheriff is responsible for any costs associated with the background check required by this section. The county shall reimburse the Washington state patrol for all costs associated with the background check it conducts for any person seeking election to the office of sheriff. The appointing authority is responsible for all costs associated with the background check it conducts for any person being appointed to the office of sheriff in that county.

(3) A person seeking election or appointment to the office of sheriff must provide a sworn statement under penalty of perjury to the state patrol or to the appointing authority stating that the person meets the requirements of this section, and the state patrol, or the appointing authority, upon completion of the background check, must attest as part of the public record that the requirements of this section have been met. In addition to posting all requests for background checks, attestations, and a list of background checks completed, and whether each person passed or failed, by the filing deadline as required in subsection (2)(b) of this section, the criminal justice training commission shall, after the election, but no later than 60 days following the election, post on its public website maintained under RCW 43.101.400(4) a list of sheriffs who have completed the background check, and whether each passed or failed, as required by this section.

(4) For the purposes of this section, "government law enforcement agency" means a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency as defined in RCW 10.93.020, or a state or federal governmental agency that is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law.

(5) The requirement of five years of experience with a government law enforcement agency and the age requirement in subsection (1) of this section do not apply to any person who is holding the office of sheriff as of April 30, 2026, unless the person seeks election to a different office of sheriff, or appointment to a different office of sheriff. All other eligibility requirements apply as of April 30, 2026.

Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.

Whenever the company acting as surety on the official bond of a sheriff is disqualified, insolvent, or the penalty of the bond becomes insufficient on account of recovery had thereon, or otherwise, the sheriff shall submit a new or additional bond for approval to the board of county commissioners, if in session, or, if not in session, for the approval of the chair of such board, and file the same, when approved, in the office of the county clerk of his or her county, and such new or additional bond shall be in a penal sum sufficient in amount to equal the sum specified in the original bond when added to the penalty of any existing bond, so that under one or more bonds there shall always be an enforceable obligation of the surety on the official bond or bonds of the sheriff in a penal sum of not less than the amount of the bond as originally approved.

No sheriff, deputy sheriff, or coroner shall be liable for any damages for neglecting or refusing to serve any civil process unless his or her legal fees are first tendered him or her.

If any property levied upon by virtue of any writ of attachment or execution or other order issued to the sheriff out of any court in this state is claimed by any person other than the defendant, and such person or his or her agent or attorney makes affidavit of his or her title thereto or his or her right to possession thereof, stating the value thereof and the basis of such right or title, the sheriff may release such levy, unless the plaintiff on demand indemnifies the sheriff against such claim by an undertaking executed by a sufficient surety.

No claim to such property by any person other than the defendant shall be valid against the sheriff, unless the supporting affidavit is made. Notwithstanding receipt of a proper claim the sheriff shall retain such property under levy a reasonable time to demand such indemnity.

Any sheriff, or other levying officer, may require an indemnifying bond of the plaintiff in all cases where he or she has to take possession of personal property.

(1) The sheriff shall make duplicate receipts for all payments for his or her services specifying the particular items thereof, at the time of payment, whether paid by virtue of the laws of this state or of the United States. Such duplicate receipts shall be numbered consecutively for each month commencing with number one. One of such receipts shall have written or printed upon it the word "original"; and the other shall have written or printed upon it the word "duplicate."

(2) At the time of payment of any fees, the sheriff shall deliver to the person making payment, either personally or by mail, the copy of the receipt designated "duplicate."

(3) The receipts designated "original" for each month shall be attached to the verified statement of fees for the corresponding month and the sheriff shall file with the county treasurer of his or her county all original receipts for each month with such verified statement.

(4) A sheriff shall not receive his or her salary for the preceding month until the provisions of this section have been complied with.

(5) Any sheriff violating this section, or failing to perform any of the duties required thereby, is guilty of a misdemeanor and shall be fined in any sum not less than ten dollars nor more than fifty dollars for each offense.

Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

When there is no sheriff of a county, or he or she is disqualified from any cause from discharging any particular duty, it shall be lawful for the officer or person commanding or desiring the discharge of that duty to appoint some suitable person, a citizen of the county, to execute the same: PROVIDED, That final process shall in no case be executed by any person other than the legally authorized officer; or in case he or she is disqualified, some suitable person appointed by the court, or judge thereof, out of which the process issues, who shall make such appointment in writing; and before such appointment shall take effect, the person appointed shall give security to the party interested for the faithful performance of his or her duties, which bond of suretyship shall be in writing, approved by the court or judge appointing him or her, and be placed on file with the papers in the case.

The sheriff or director of public safety shall employ all able-bodied persons sentenced to imprisonment in the county jail in such manner and at such places within the county as may be directed by the legislative authority of the county.

Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

No sheriff shall appear or practice as attorney in any court, except in their own defense.

All sheriffs, constables and coroners, upon the completion of their term of office and the qualification of their successors, shall deliver and turn over to their successors all writs and other processes in their possession not wholly executed, and all personal property in their possession or under their control held under such writs or processes, and take receipts therefor in duplicate, one of which shall be filed in the office from which such writ or process issued as a paper in the action, which receipt shall be good and sufficient discharge to such officer of and from further charge of the execution of such writs and processes; and they shall also deliver to their successors all official papers and property in their possession or under their control. The successors shall execute or complete the execution of all such writs and processes, and finish and complete all business turned over to them.

In all cases where any sheriff, constable or coroner has executed any writ or other process delivered to him or her by his or her predecessor, or has completed any business commenced by his or her predecessor under any writ or process, and has completed any other business commenced by his or her predecessor, and in all cases where any sheriff, constable or coroner has executed any writ or other process, or completed any business connected with his or her office after the expiration of his or her term of office, which writ or process he or she had commenced to execute, or which business he or she had commenced to perform, prior to the expiration of his or her term of office, such action shall be valid and effectual for all purposes.

Whenever any sheriff neglects to make due return of any writ or other process delivered to him or her to be executed, or is guilty of any default or misconduct in relation thereto, he or she shall be liable to fine or attachment, or both, at the discretion of the court, subject to appeal, such fine, however, not to exceed two hundred dollars; and also to an action for damages to the party aggrieved.

The sheriff must keep an office at the county seat of the county of which he or she is sheriff.

The executive secretary of the Washington state association of elected county officials, upon written approval of a majority of the sheriffs in the state, shall file with the secretary of state a description of a standard uniform which may be withdrawn or modified by re-filing in the same manner as originally filed. A uniform of the description so filed shall thereafter be reserved exclusively for the use of sheriffs and their deputies: PROVIDED, That the filing of a standard uniform description shall not make mandatory the adoption of said uniform by any county sheriff or his or her deputies.

A county may from available funds provide for an allowance for clothing and other incidentals necessary to the performance of official duties for the sheriff and his or her deputies.

See RCW 41.14.250 through 41.14.280.

A sheriff and his or her deputies shall participate in the statewide sexual assault kit tracking system established in RCW 43.43.545 for the purpose of tracking the status of all sexual assault kits in the custody of the department and other entities contracting with the department. A sheriff shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.

Finding—Intent—2016 c 173: See note following RCW 43.43.545.

(1) In addition to the causes for vacancy of elective office set forth in RCW 42.12.010, a vacancy in the office of sheriff is created if the incumbent does not maintain certification as required under chapter 43.101 RCW, is decertified pursuant to a final decision by the criminal justice training commission under chapter 43.101 RCW or a final decision on appeal, or if the other requirements of RCW 36.28.025 have not been met or have not been complied with while in office. When a vacancy has been created, the vacancy shall be filled pursuant to RCW 36.16.110. The person appointed must meet the requirements of RCW 36.28.025.

(2) Where the office of sheriff is an appointed position, such appointment is terminated, and a vacancy created, if the incumbent does not maintain certification as required under chapter 43.101 RCW, is decertified pursuant to a final decision by the criminal justice training commission under chapter 43.101 RCW or a final decision on appeal, or if the other requirements of RCW 36.28.025 have not been met or have not been complied with while in office. The appointing county legislative authority shall appoint a replacement to fill the office. The person appointed must meet the requirements of RCW 36.28.025.

Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.