Washington Fish and Wildlife Commissioner Appointment Violated Law But Governor Doesn’t Care

The Sportsmen’s Alliance Foundation presented oral arguments to Washington Supreme Court.

by
posted on May 31, 2024
** When you buy products through the links on our site, we may earn a commission that supports NRA's mission to protect, preserve and defend the Second Amendment. **
Washington State Flag Lead

Washington Fish and Wildlife Commissioner Lorna Smith, an anti-hunter, was told by a judge in 2023 that her simultaneous occupation of two appointive offices in the state was illegal. So Smith resigned from her other position and kept her seat on the Fish and Wildlife Commission. Then to protect her and other idealogues he appoints, Washington Gov. Jay Inslee, along with Attorney General Bob Ferguson, appealed the judgment of the state superior judge.

Against this backdrop, on May 30, 2024, the Sportsmen’s Alliance Foundation argued its claim against Smith and Inslee before the Washington Supreme Court. “This case has far-reaching implications for all sportsmen and -women and whether or not we hold government officials accountable for following the law.” said Michael Jean, litigation counsel for the Sportsmen’s Alliance Foundation. “The plain letter of the law is clear: a Fish and Wildlife Commissioner cannot hold another appointive office while serving. We argued before the state’s highest court today to enforce that standard.”

The primary issue is Smith’s occupation of two appointive seats simultaneously, which is illegal under Washington law RCW 77.04.040, which states that anyone who serves on the commission “shall not hold another state, county, or municipal elective or appointive office.” When Smith was appointed to the Fish and Wildlife Commission by Inslee on Jan. 4, 2021, she was also a member of the Jefferson County Planning Commission. In fact until recently, her bio on the Fish and Wildlife Commission’s website explained she was “currently serving her second and third terms” with Jefferson County. Today, it has been updated to read "served."

The Sportsmen’s Alliance Foundation sued in March 2023 to have Smith removed from the Fish and Wildlife Commission. It argued its claim before Superior Court Judge Mary Sue Wilson, who issued a declaratory judgment against Smith. Subsequently, Smith resigned from her Jefferson County position.

Then the governor and attorney general appealed Wilson’s decision.

Nine people serve on the Washington Fish and Wildlife Commission; they all are appointed by the governor, and serve periods of six years. According to the Sportsmen’s Alliance, Smith is “among a group of new commissioners pushing an extremist view of fish and wildlife management and is adamantly opposed to the North American Model of Wildlife Conservation.” In fact she is among five anti-hunters Inslee has appointed to the commission who are responsible for canceling the state’s bear hunt in 2022. In February 2023, Smith led commission discussion of her “draft” to “establish a new wildlife management plan that comes straight out of the anti-hunting playbook to destroy effective fish and wildlife management and remove hunters from the landscape,” according to the Sportsman’s Alliance.

All this matters to Washington hunters, fishers and trappers when they read the primary sentence under RCW 77.04.040, “Commission—Qualification of Members. Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state, county, or municipal elective or appointive office.” However, clearly Inslee paid more attention to one word in the secondary sentence: “In making these appointments, the governor shall seek to maintain a balance reflecting all aspects of fish and wildlife, including representation recommended by organized groups representing sportfishers, commercial fishers, hunters, private landowners, and environmentalists” (emphasis added).

The Sportsmen’s Alliance, based in Columbus, Ohio, works nationwide to defend American wildlife conservation programs and the pursuits that fund them: hunting, fishing and trapping. Alongside the alliance, the Sportsmen’s Alliance Foundation “is responsible for public education, legal defense and research.” The Alliance has watched the Washington Fish and Wildlife Commission for more than two years, and the foundation sued the commission on behalf of its members and sportsmen throughout the state.

Latest

Lead Photo
Lead Photo

A Question of Quarterbores

With the release of the .25 Weatherby RPM, it's worth taking a step back and looking at some of the best quarterbores that graced chambers and fields throughout history. How will this new release measure up to its forefathers?

New for 2026: Avian-X Shotgun Cases

Building off of decades of innovation in the waterfowl-hunting industry, Avian-X is entering the soft-goods space in 2026 with a purpose-built lineup of waterproof and floating shotgun cases and neoprene gun sleeves designed to deliver in harsh hunting conditions.

Story of a Lever Gun—The Red Plaid Project Part 2

Andi Bogard continues her quest to build, test and hunt with a classic lever gun in a classic way. Check out the second installment of the project here.

Coyote Gear Roundup

Looking for gear to up your Coyote game? We've curated a great list of the latest and greatest.

New for 2026: Stoeger M3000 Sporting

For 2026, Stoeger has added a new model to its M3000 semi-auto shotgun lineup with the M3000 Sporting.

Suppressor Ownership Records Shattered, 30% used for Hunting

On Jan. 1, 2026, the price of a National Firearm Act tax stamp to take ownership of a suppressor dropped from $200 to $0. A flood of eForm applications struck at the stroke of midnight, setting a record estimated at 150,000 that day alone, many of them submitted by hunters.

Interests



Get the best of American Hunter delivered to your inbox.