H-2510.2
HOUSE BILL 2162
State of Washington
69th Legislature
2026 Regular Session
By Representatives Richards, Couture, Simmons, Reed, Zahn, and Graham
Prefiled 12/17/25. Read first time 01/12/26. Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to establishing a public interest law grant program, a program account, and a business and occupation tax credit for approved contributions to the program account; adding a new section to chapter 28B.77 RCW; adding a new section to chapter 82.04 RCW; creating new sections; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that the constitutional right to a lawyer is enshrined in the sixth amendment to the United States Constitution, and the United States supreme court case of Gideon v. Wainright . Washington state superior court criminal rule 3.1 further protects that right. The state supreme court issued Order 25700-A-1644 requiring new caseload standards for public defenders. The order states that the new caseload standards cannot exceed 47 felony cases for each full-time lawyer, and no more than 120 cases for each full-time lawyer handling misdemeanors, among similar requirements for those handling civil commitment cases. The court requires that these standards be met no later than 10 years from January 1, 2026.
(2) The legislature also finds that the state as well as local governments have been struggling to ensure that public defense is adequately funded, even prior to the court's order. Prosecutors are also struggling with funding and filling positions within their offices. Public safety already demands that defendants have access to a free lawyer within days if they qualify, otherwise those defendants are released within days if no lawyer is assigned, as widely reported. Additionally, any delays in the criminal process because of a lack of access to defense or because prosecutors are overwhelmed is an injustice to victims, survivors, and the public at large, since criminal cases are brought on behalf of the public.