Hidden Costs of “10% Deposit Bail” Reform in Washington State
Courtney Wimer, president of the Washington State Bail Agents Association, authored an opinion piece published in The Seattle Times. The article examines a proposed reform under review by the Washington State Supreme Court that would introduce a “10% deposit bail” system, allowing defendants to secure pretrial release by paying only a small fraction of their total bail amount directly to the court. Supporters argue the approach improves access to release and fairness in the pretrial system. However, the author contends that existing mechanisms—such as release on recognizance, surety bonds, and full cash bail—already balance accountability with access while ensuring defendants return to court.
Wimer warns that similar systems have produced significant problems elsewhere, particularly in Philadelphia. There, courts accumulated large volumes of unpaid bail judgments after defendants failed to appear, with enforcement proving largely ineffective due to defendants’ limited ability to pay the remaining balances. This resulted in weakened incentives to return to court, increased failure-to-appear rates, and ultimately substantial financial losses for the court system, including the cancellation of nearly $1 billion in uncollectible debt. Wimer argues that Washington should avoid repeating these outcomes and instead preserve or strengthen existing bail structures that maintain stronger accountability.
Below is an excerpt from the article as well as a link to the full article.
BAIL AGENT: THERE ARE HIDDEN COSTS TO REFORMING WA BAIL SYSTEM
April 1, 2026 at 8:00 am | Updated April 1, 2026 at 8:00 am
Special to The Seattle Times
In debates over criminal justice reform, one basic question often gets overlooked: What actually ensures that people accused of crimes return to court while awaiting trial?
Washington state already uses several methods of pretrial release designed to balance fairness with accountability. But a recent reform proposal submitted to the Washington State Supreme Court by the King County Department of Public Defense, the Washington State Office of Public Defense, the Washington Defender Association and the Snohomish County Office of Public Defense promotes an alternative release mechanism known as “10% deposit bail.” This allows defendants to post only a small fraction of their bail directly with the court: 10%.
At first glance, this may sound like a reasonable compromise. In reality, experience shows it often fails to hold defendants accountable, leaves courts chasing debts they cannot collect and ultimately burdens taxpayers. Before Washington considers moving in that direction, policymakers should take a close look at the disastrous results Philadelphia experienced.
