Bill > HB1891

This bill establishes a new legal framework that allows individuals to sue criminal defense attorneys for damages if their client, who was previously arrested for a violent offense (as defined in RCW 9.94A.030), causes injury after being released from custody. The bill requires criminal defense counsel to conduct a comprehensive written assessment that analyzes the individual's criminal history, potential risk of violence, victim vulnerability, and alternatives to custody before advocating for a client's release. If a court finds that the defense counsel intentionally or recklessly disregarded public harm risks, the attorney can be personally liable for all legal costs and judgments, and the state or political subdivisions cannot cover their defense expenses. To pursue such a lawsuit, plaintiffs must file within three years of discovering the cause of action, and the bill explicitly removes any legal immunity that criminal defense attorneys might have previously enjoyed. The legislation is designed to hold criminal defense attorneys to a higher standard of responsibility when seeking pre-trial release for clients with violent offense histories, with the goal of protecting public safety. The bill will take effect on January 1, 2026, and applies only to causes of action arising on or after that date.

Justice

https://app.leg.wa.gov/billsummary?BillNumber=1891&Year=2025&Initiative=false