Ideally, we are a nation of law. Because emergency orders such as the “stay at home” order are authorized by previously enacted legislative authorization they are entitled to the same weight as any other legislative passed laws. The separation of powers doctrine (legislative, executive and judicial), is fundamental to the checks and balances which keep our country from tyranny. Only courts can declare a law unconstitutional. Within the executive branch, which includes the sheriff, the power to decide whether or not to charge a crime in any particular set of circumstance is given to the prosecuting attorney. The job of the sheriff is to enforce the law and refer violators to the prosecutor. The oath of office the sheriff signed and swore to states, in part, …” [I] will support the Constitution and Laws of the United States and the Constitution and Laws of the State of Washington, and that I will faithfully and impartially perform and discharge the duties of the office…”
A blanket refusal to enforce the stay-at-home law is a violation of the sherriff’s oath and a dereliction of his duty as sheriff. He is letting either personal politics or ego get in the way of his sworn duties. He is exercising a judicial power that he does not have, nor should have. If he feels the law is not constitutional, there are processes which can get the issue before a court (such a lawsuit is already pending). Until a court declares the stay-at-home order is not constitutional or issues a judicial stay of that order the sherriff’s blanket refusal to enforce the law is a breach of his oath and duties of office, not to mention potentially endangering the lives of all Snohomish County residents.
Ken Williams
Everett
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