HB 1891 Washington House · 2025-2026 Regular Session

Concerning the establishment of liability standards for criminal defense counsel.

HB 1891 allows victims injured by individuals released before trial - due to their criminal defense counsel's advocacy - to sue that counsel if the attorney failed to adequately assess public safety risks. The bill requires defense attorneys to conduct written risk assessments evaluating the client's violent history, potential victims, and alternatives to custody before seeking release. It removes legal immunity for defense counsel in such cases, making them personally liable for damages if they recklessly ignored public harm risks, while government entities generally cover defense costs unless the attorney acted intentionally or recklessly. The law applies only to cases arising after its effective date and gives victims a three-year window to file claims.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 12, 2026 Last action Jan 12, 2026
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Jan 12, 2026
Introduced
By resolution, reintroduced and retained in present status.
lower
1 primary · 3 co-sponsors

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