Washington State Public Defenders Propose Major Fixes to Bail System…The Problem is the Bail System isn’t Broken
Bail Reform has been a popular topic around the country over the past decade, but in Washington State bail reform is not a word you hear often. Why? Because Washington has one of the most effective pretrial bail systems in the country. Understanding this, it really makes you wonder why public defense organizations in Washington state have proposed significant changes to Court Rule 3.2, which governs pretrial release and bail decisions. According to them, it is an effort to reduce unnecessary incarceration of low-income defendants. The radical proposal, which is under consideration by the Washington Supreme Court, includes capping most misdemeanor bail at $200, requiring at least one prior failure to appear before bail can be imposed for non-appearance risk, allowing defendants to post 10% of bail directly with the court instead of through a bondsman and raising the standard for imposing bail from a “likely risk of nonappearance” to a “high likelihood of willful flight to avoid prosecution.” Supporters argue that current practices lead to wealth-based detention that disproportionately harms poor individuals who pose little risk to the community.
In a recent story on KOMO, ABC Channel 4, Courtney Wimer, president of the Washington State Bail Agents Association, speaks up about the failings of the proposed rules. Wimer contends that the changes would weaken accountability and reduce incentives for defendants to return to court. She also warned that allowing people to post as little as $20 for many misdemeanors would not motivate compliance and could lead to increases in property crime, drug crime, and theft. The debate centers on balancing efforts to reduce pretrial detention with concerns about public safety and court appearance rates.
An excerpt from the article is below as well as a link to the full article and video.
PUBLIC DEFENSE OFFICES PROPOSE CHANGES TO WA BAIL GUIDELINES FOR LOW-LEVEL CRIMES
by KOMONewsStaff, Tyler Cunnington
Wed, April 15, 2026
TACOMA, Wash. — Local and state defense attorney departments are proposing changes to Washington’s bail guidelines, prompting a discussion amongst Tacoma businesses at a meeting on Wednesday.
The Tacoma Business Council hosted a mix of stakeholders, board members and the president of the Washington State Bail Agents Association at a local brewery to discuss the proposed changes to Court Rule 3.2, which governs pretrial release and bail.
The proposal, which will go before the Washington Supreme Court in a few weeks, looks to prevent unnecessary incarcerations of lower-income individuals in county jails, through multiple adjustments to existing guidelines.
