Washington Supreme Court to Hear Bail Rule Changes
Proposed amendments would cap most misdemeanor flight-risk bail at $200 and create a presumptive 10% deposit release option.
Updated on Nov. 5, 2026 in Criminal Justice
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The Washington Supreme Court will hear arguments on Nov. 10, 2026, at 9 a.m. on proposed amendments to state bail rules submitted by four public defense organizations. The proposal would cap bail at $200 for most misdemeanors imposed based on flight risk and create a strong presumption that a person can secure release by depositing 10% of bail with the court.
Why it matters
The sponsors argue that bail a person cannot afford can keep people jailed before trial without enhancing prosecution or public safety. The filing cites a Colorado study of about 2,000 defendants that found 88% of unsecured-bond releasees appeared in court, compared with 81% of secured-bond releasees.
The proposal would cap bail at $200 for most misdemeanors imposed on flight-risk grounds, with exceptions for DUI, domestic violence, and certain sexual-motivation or unlawful firearm offenses. The Supreme Court has scheduled arguments for Nov. 10, 2026, and no ruling has been reported.
The players
Washington Supreme Court
The state's highest court, which will hear arguments on the proposed amendments to Washington's bail rules.
ACLU of Washington
The state chapter of the American Civil Liberties Union, expected to argue in favor of the proposed bail changes.
Bail Project
A national nonprofit that provides bail assistance to low-income defendants and is expected to argue in favor of the proposal.
Center for Children and Youth Justice
A Seattle-based nonprofit focused on juvenile justice reform that is expected to argue in favor of the proposal.
King County Superior Court Judge David Keenan
A King County judge expected to argue in favor of the proposed bail changes.
The details
The amendments were submitted 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. The proposal requires judges to find a high likelihood of intentional flight before imposing money bail, and it would generally give an accused person at least one chance to appear in court before flight-risk bail is imposed.
Timeline
Nov. 10, 2026, 9 a.m.: Washington Supreme Court hears arguments on the proposed bail rule changes in Olympia.
Legal Context
The proposed amendments would revise Washington's existing state court bail rules by limiting when money bail can be imposed on flight-risk grounds. The Washington Supreme Court's decision will determine whether the rules are rewritten around a presumptive 10% deposit release.
If adopted, the rules would limit how often $200-or-less flight-risk bail is imposed on most misdemeanor defendants, which could affect whether people remain in jail before trial. The changes would also alter when judges issue arrest warrants instead of summonses after charges are filed.
The takeaway
Residents and defendants should watch the Nov. 10 hearing, since the outcome could change how pretrial release is handled in Washington courts. The proposal's presumptive 10% deposit option would apply broadly unless one of the listed exceptions applies.
What happens next
The Washington Supreme Court will hear arguments on the proposed bail rule changes on Nov. 10, 2026, at 9 a.m.
Further reading
Explore more reporting in the Criminal Justice section for context on pretrial release debates.
Source note: This article includes information reported by KOMO.
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