Judge rules lawmakers violated state Constitution in changing deadly-force Initiative 940

SEATTLE --  What was once called a great compromise is now considered unconstitutional. Initiative 940 would provide mandatory de-escalation training for law enforcement across the state and make it easier for officers to be prosecuted if they wrongly use deadly force.

Lawmakers compromised to pass it into law just before the end of the session, but Friday a judge said the Legislature violated the state Constitution and now voters are on track to decide I-940’s fate.

According to the state Constitution, legislators have three constitutional options when handling an initiative. It can either pass the initiative into law, reject It and automatically put it on the ballot, or it can put together an amendment that has to go on the ballot along with the original. But Friday, a judge ruled lawmakers created a fourth option that wasn’t constitutional.

For months, nearly 360,000 Washington voters signed this petition.

“359,000 signatures for something that only needs 240,000. It means Seattle Washington, the state of Washington, is tired and is ready for change. That’s what that means,” said Katrina Johnson, a cousin of Charleena Lyles, a Seattle woman who was gunned down by police officers in her own apartment when, the officers said, she came at them with a knife.

Johnson means change in how police respond to calls and handle suspects, adding de-escalation training, and changing the law to make it easier for officer to be prosecuted when they use deadly force.

State Rep. Roger Goodman called himself the broker between law enforcement, and the families of people killed by police, to get a compromise in the Legislature.

“Getting law enforcement in my office, getting them to reach a consensus. Meeting with the initiative of 940 voters and then finally bringing everybody to the table together,” said Goodman.

A late March celebration in Puyallup shows the excitement people had after the compromised passed into law.

But not so fast.  A  judge in Thurston County ruled Friday the compromise was unconstitutional after activist Tim Eyman sued the state.

“For me, being an initiative activist, I want to make sure people have faith in the system,”  Eyman said.

Eyman is the man behind the $30 car tabs initiative and many others. He says he sued the state over I-940, not because of what it said, but because of how it was passed.

“Well, we’re going to adopt, then we’re going to change it, and then we’re going to block people from voting on it,” said Eyman, suggesting that's what the Legislature did.

And a Thurston County Superior Court judge agreed with Eyman, striking down the compromised and ordering only the original initiative onto the ballot in November.

Both Eyman and the judge say it’s not constitutional for lawmakers or initiative sponsors to change the language after gathering signatures without allowing voters a chance to vote.

“The initiative sponsors aren’t allowed to then turn around and negotiate on behalf of 360K people cause these people signed on to that language they didn’t sign on to any alternative language,” said Eyman.

So what happens next? The state has already filed an appeal and it will now be up to Washington’s Supreme Court to decide whether it will allow the compromise to become law. Or, the Supreme Court can agree with the lower court and only have the original initiative on the November statewide ballot. The court hearing is slated for July.