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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IN THE SUPREME COURT OF THE STATE OF WASHINGTON

In re the Matter of the Recall Charges )
Against Benton County Sheriff, ) No. 98968-1
)
GERALD D. HATCHER,
) En Banc
Appellant. )
) Filed: January 14, 2021
)

WHITENER, J.—On November 6, 2020, we entered a unanimous order

affirming the superior court’s decision to allow the recall effort against Benton

County Sheriff Gerald Hatcher to proceed. We now take the opportunity to explain

our decision in detail.

Sergeant Jason Erickson filed the petition to recall Sheriff Hatcher after 90

percent of the Benton County Deputy Sheriff’s Guild (Guild) met and unanimously

voted to pursue recall. The recall petition alleges 26 separate charges that,

assuming, as we must, the truth of the allegations, illustrate a toxic and

authoritarian culture that Sheriff Hatcher has created since his appointment in
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

2017. The Benton County Prosecutor’s Office (BCPO) has categorized the 26

allegations into 8 charges for the purposes of the ballot synopsis. The superior

court found all charges to be legally and factually sufficient. Sheriff Hatcher

appeals this determination as to all charges.

We affirm the superior court and find all of the charges to be legally and

factually sufficient. We look at each allegation in the context of the approximately

nine-month period at issue, Sheriff Hatcher’s experience in law enforcement, and

the culture of control he has created within his department as alleged by the recall

petitioner. Assuming, as we must, that the allegations are true, they identify

recallable offenses.

FACTS AND PROCEDURAL HISTORY