Washington State’s New Proposed Bail and Pretrial Release Court Rules Never Mention Victims…Not Even Once
In any pretrial process, the crime victim must be front and center. Unfortunately, in Washington State, victims are about to be ignored completely. The Supreme Court is in the process of considering a radical sweeping proposal from public defense organizations to overhaul the state’s pretrial release and bail rules through a court rule change rather than legislation. And guess what…the proposal doesn’t mention victims at all. The proposal would cap most misdemeanor bail at $200, allow defendants to post only 10% of that amount directly to the court, raise the standard for imposing bail to require proof of intentional flight risk and require multiple failures to appear before a judge can consider non-appearance a serious concern. Critics argue these changes would make it significantly harder to detain higher-risk defendants, including in some serious cases and would reduce incentives for people to return to court.
In a recent show on KIRO News Radio, radio host Charlie Harger strongly criticizes both the substance and the process of the proposal. He notes that the changes would bypass the legislature and public debate, with the court accepting comments only until April 30, 2026. Harger also highlights that the 84-page proposal, which cites extensive research, contains zero references to victim safety, victim advocacy organizations or the impact of the changes on victims and communities. Several groups, including prosecutors and Crime Victims United, have opposed the plan, arguing it prioritizes defendants while weakening accountability and public safety protections.
An excerpt from the story is below as well as a link to the full story.
HARGER: WA SUPREME COURT COULD REWRITE BAIL RULES IN 8 DAYS. THE 84-FOOTNOTE PROPOSAL NEVER MENTIONS VICTIMS ONCE.
BY CHARLIE HARGER - Host, Seattle's Morning News
Twenty dollars.
That’s what a misdemeanor defendant would post to walk out of jail under a proposed rule change now pending before the Washington Supreme Court. Not $200. Twenty dollars. Ten percent of the $200 cap is paid directly to the court.
No legislative vote, floor debate, or public hearing. Nine justices and a procedural rule-making process. Done.
The public comment period closes April 30, eight days from now.
WA Supreme Court bail proposal bypasses legislature, public vote
A coalition of public defense organizations petitioned the court directly, asking the justices to rewrite the rules governing pretrial release and bail across the entire state. The justices are elected, yes. But a change of this magnitude would normally move through the legislature. Public testimony. Floor votes. Elected representatives answering to constituents on the record.
