Bill > HB1893

This bill establishes a new legal framework for holding superior, district, and municipal court judges liable for damages if they release individuals accused of violent offenses who subsequently cause harm. Under the proposed law, a person injured by a previously arrested individual can sue a judge if the judge failed to adequately consider the risk of public harm when declining to impose reasonable bail. The bill requires judges to conduct a thorough written assessment that analyzes the individual's criminal history, potential risk of violence, and vulnerabilities of potential victims. Importantly, the bill removes traditional judicial immunity, meaning judges can be personally sued for such decisions. If a court finds that a judge intentionally or recklessly disregarded public safety risks, the judge can be personally responsible for legal costs and damages. The judge must consider all available evidence, including testimony from law enforcement, experts, and crime victims. Plaintiffs would have three years from the discovery of harm to file a lawsuit, and judges found liable would be required to pay damages, with courts having the discretion to award actual, nominal, and attorneys' fees. The bill is set to take effect on January 1, 2026, and is intended to be broadly interpreted to protect public safety.

Justice

https://app.leg.wa.gov/billsummary?BillNumber=1893&Year=2025&Initiative=false