WA HB1891

Creates a civil cause of action against criminal defense attorneys when their client, previously arrested for a violent offense, is released from custody before trial due to the attorney's advocacy and subsequently injures someone

Requires defense attorneys to produce a written, published assessment analyzing the client's criminal record, risk of violence, vulnerability of potential victims, and adequacy of custody alternatives before advocating for pretrial release

Eliminates all forms of legal immunity for defense counsel in these lawsuits, including absolute immunity traditionally afforded to attorneys acting within their professional duties

Imposes personal liability on defense attorneys for all defense costs and judgments if found by clear and convincing evidence to have intentionally, knowingly, or recklessly disregarded public harm risk, with repayment of any state-paid defense costs within one year

Takes effect January 1, 2026, with a three-year statute of limitations from when the plaintiff discovers the cause of action