Bail in the Midwest Podcast: Opposition to Washington State's Proposed Court Rules Grows

In the latest episode of the Bail in the Midwest podcast (Episode 50), host Shane Rolf interviews Courtney Wimer, President of the Washington State Bail Agents Association. The discussion centers on proposed amendments to Washington’s Court Rule 3.2 and the Criminal Rule for Limited Jurisdiction Courts 3.2, which would dramatically overhaul the state’s pretrial release and bail system. Wimer, a veteran bail agent with over 15 years in the industry, explains how public defenders’ offices—particularly in King, Snohomish, and other major counties—are driving these changes through the state Supreme Court’s rulemaking process rather than the legislature. The conversation highlights growing concerns about rising property crime in Seattle (nearly three times the national average), recent improvements in policing, and the broader implications for public safety and accountability in the criminal justice system.

The proposed rules would impose several major restrictions on judges’ discretion. Key changes include raising the standard for setting bail from a “likely risk of non-appearance” to a much stricter “high likelihood of willful flight to avoid prosecution,” which requires proof of intentional conduct and patterns of evasion—making it far harder to detain most defendants pretrial. Misdemeanor and gross misdemeanor bonds would be capped at just $200 (with a strong presumption of only a 10% cash deposit), prior criminal history and warrants would be heavily discounted, and the definition of “danger to the community” would be narrowed to exclude most non-violent offenses like repeated theft. Additional provisions would limit judges’ ability to deny bail in serious cases and tighten what counts as “interference with the administration of justice.” Wimer and Rolf argue these changes would create a revolving-door effect, reduce financial incentives to appear in court, and overwhelm already strained courts and law enforcement.

Both Rolf and Wimer express alarm over the separation-of-powers issues, noting that sweeping policy shifts are being pursued behind closed doors via court rules instead of open legislative debate. They point to strong opposition from prosecutors, judges’ associations, sheriffs, and even dozens of state legislators, along with a record number of public comments against the proposals. The episode ends with a call to action: the public comment period closes April 30, 2026, and Wimer urges citizens (including those from other states) to submit input to the Washington Supreme Court. Overall, the interview frames the reforms as a threat to victim rights, community safety, and the fundamental principle of personal accountability in the justice system. Check out the full podcast here>>>