OLYMPIA, WA – A Washington bill advancing through the state Legislature would require plaintiffs under a certain age or after a certain time period to go through arbitration before receiving a jury trial.
It’s a move that local government groups say will reduce costs for their members, while child sex abuse advocates argue the bill shields state agencies from accountability to both the victim and the public.
“This bill doesn’t delay justice, it raises the cost of speaking at all,” Osland Undo Little Attorney Debbie Silverman told the Senate Ways and Means Committee at the Feb. 5 public hearing for Senate Bill 6239. “This bill targets the most vulnerable people in our civil justice system, survivors of childhood sexual abuse. It moves these cases out of public view, away from juries, away from community judgment, and away from the sunlight.”
Under SB 6239, tort claims filed more than 10 years after the incident or 10 years after the claimant reached adulthood must go through arbitration before the claim can advance to a jury trail. While the bill is intended to cut costs associated with tort claims, Senate Ways and Means staff told the committee that the cost savings are unknown due to a variety of factors, such as how many cases would switch to arbitration rather go to trial.
Paul Jewell with the Washington State Association of Counties testified at the February public hearing, telling the committee that almost half of WASC members polled said that “liability and insurance costs were one of the primary drivers that have contributed to the financial pressure their counties are now facing.”
He added that “Senate Bill 6239 doesn’t solve all of our concerns, and we still admittedly have a long way to go to truly address them after this bill passes.”
Brad Tower a representative of the Washington Risk Pool supported the bill while acknowledging the lack of estimated savings associated with the proposed policy changes.
“I would presume that the cost savings for this is going to be in a more efficient process of getting to justice, which will save us those process costs and allows us to focus on making injured parties whole,” he said.
He added that he favors expansion of the tort claims subject to the changes.
Kelli Carson with Washington State Association for Justice warned the committee that SB 6239 “is a challenging issue that touches directly on the constitutional right to access the courts.”
“What I do want to ensure is that whatever early resolution process we have is victim-centered and trauma informed,” she said.
She also advocated that the bill contain a sunset clause.
“The purpose of this bill is to save money and it is an experiment (that should be) carefully thought out and reviewed by the legislature to make sure that it’s serving its intended purpose,” she said.
During her Feb. 5 testimony, Silverman also said “for hundreds of them (claimants), their first sexual experience happened while they were incarcerated, not with a peer, with someone they chose, but with adults that the state hired and promised to protect these children. SB 6239 would force those survivors to tell their stories twice.”
Prior to giving the bill a “do pass” recommendation, Senate Ways and Means members voted to amend the legislation so that it requires arbitrators be trained on being “victim centered and trauma informed.”
Additionally, another amendment calls for a study by the Joint Legislative Audit and Review Committee of the bill’s effectiveness.
