A 2021 law expanded Washington’s power to decertify police. Officers still avoid consequences

In 2021, the state of Washington passed Senate Bill 5051, which aimed to bolster the state's authority to remove police officers from their certification. The law required police agencies to promptly report officer separations and misconduct to the Criminal Justice Training Commission and expanded the agency's capacity to investigate and revoke certifications when necessary. However, a recent analysis by InvestigateWest raises doubts about the effectiveness of this law.

Despite the implementation of the 2021 bill, law enforcement agencies in Washington have continued to hire officers involved in serious misconduct. These officers often manage to bypass a state investigation due to unclear language in the law. For instance, one officer, despite multiple misconduct accusations, was promoted to the position of police chief, allegedly engaging in fraudulent activities with taxpayer funds.

Another officer was charged with driving under the influence and fleeing the scene of a car accident, but the state commission did not conduct a formal investigation.

Additionally, a third officer remained certified in Washington years after another state revoked his certification following a felony conviction. This raises concerns about the law's capacity to prevent such misconduct from occurring. Rep. Roger Goodman, D-Kirkland, who promoted a 2026 law that mandates elected sheriffs to maintain active certifications with the state, expressed his surprise and discomfort at the persistence of law enforcement executives accused of misconduct in their positions.

The state commission has, in some instances, declined to exercise its power to conduct independent investigations. This further hampers the law's ability to enforce accountability within local agencies. Moreover, cases identified by InvestigateWest reveal how the law limits the enforcement capabilities of the state certification agency when local agencies either fail to report misconduct to the state or retain officers with troubling employment histories.

Anne Levinson, a retired Seattle judge and former auditor of the city's police accountability system, who helped draft the 2021 certification law, emphasized the primary responsibility of law enforcement agencies in ensuring accountability across all ranks.