Washington HB 2162: Relating to education.

Bill Text

AN ACT Relating to establishing a public interest law grant 1
program, a program account, and a business and occupation tax credit 2
for approved contributions to the program account; adding a new 3
section to chapter 28B.77 RCW; adding a new section to chapter 82.04 4
RCW; creating new sections; and providing expiration dates.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The legislature finds that the 7
constitutional right to a lawyer is enshrined in the sixth amendment 8
to the United States Constitution, and the United States supreme 9
court case of Gideon v. Wainright. Washington state superior court 10
criminal rule 3.1 further protects that right. The state supreme 11
court issued Order 25700-A-1644 requiring new caseload standards for 12
public defenders. The order states that the new caseload standards 13
cannot exceed 47 felony cases for each full-time lawyer, and no more 14
than 120 cases for each full-time lawyer handling misdemeanors, among 15
similar requirements for those handling civil commitment cases. The 16
court requires that these standards be met no later than 10 years 17
from January 1, 2026.18
(2) The legislature also finds that the state as well as local 19
governments have been struggling to ensure that public defense is 20
adequately funded, even prior to the court's order. Prosecutors are 21
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.
p. 1 HB 2162

also struggling with funding and filling positions within their 1
offices. Public safety already demands that defendants have access to 2
a free lawyer within days if they qualify, otherwise those defendants 3
are released within days if no lawyer is assigned, as widely 4
reported. Additionally, any delays in the criminal process because of 5
a lack of access to defense or because prosecutors are overwhelmed is 6
an injustice to victims, survivors, and the public at large, since 7
criminal cases are brought on behalf of the public.8
(3) The legislature further finds that the court's order requires 9
not only greater investment in public defense, but that funding alone 10
will not train and retain the lawyers required to meet the necessary 11
standards. Washington needs new lawyers to comply with the court's 12
orders and the state needs assistance from those institutions tasked 13
with training and hiring lawyers to meet these standards.14
(4) The legislature finds, as a matter of public interest, the 15
legal profession needs a greater incentive to change and to direct 16
more attention and focus to filling public interest roles in the 17
offices of prosecutors and public defenders. New and innovative 18
solutions are required to meet this challenge and to comply with the 19
court's order. It is the legislature's intent to take such actions as 20
necessary to build upon existing programs and incentives to do so. 21
There are already existing public interest loan forgiveness programs 22
offered at the federal level. Additional student loan relief and the 23
prospect of paying off loans faster is a widely known and accepted 24
form of incentive to engage professionals in public positions, 25
including in the offices of prosecutors and public defenders.26
(5) Therefore, it is the intent of the legislature to address the 27
court's order by creating a grant program to assist new lawyers 28
working in prosecutorial and public defender roles with paying off 29
student loans to encourage and retain lawyers in highly needed public 30
service positions. In order to fund these grants, the legislature 31
intends to offer a tax credit to law firms for contributions to the 32
account that funds the grant program, thereby encouraging established 33
lawyers to help cultivate the next generation of lawyers in the state 34
of Washington.35
NEW SECTION. Sec. 2. A new section is added to chapter 28B.77 36
RCW to read as follows:37
(1) The public interest law program is created. The purpose of 38
the public interest law program is to provide lawyers who work in 39
p. 2 HB 2162

public service for a minimum of one year as a prosecutor or a public 1
defender with annual student loan payoff grants up to $10,000 after 2
each year of public service is complete. The program is funded 3
through contributions from eligible law firms to the public interest 4
law account. Eligible law firms receive a business and occupation tax 5
credit equal to the amount contributed, up to $20,000 annually.6
(2) The council must administer the public interest law program 7
and award grants. In administering the program, the council must:8
(a) Adopt necessary rules and guidelines, including creating an 9
application and annual reapplication requirements;10
(b) Approve applicants and select eligible lawyers from the 11
applicant pool;12