Committee hears bill exempting law‑clinic attorneys at colleges from mandated‑reporting in client representation

The Human Services, Youth, & Early Learning Committee heard testimony on House Bill 11 71, which would create a narrow exemption from Washington's mandated‑reporting statute for attorneys employed by public and private institutions of higher education when the information arises in the course of providing legal representation to a client.

Committee counsel Luke Wickham summarized the interaction between mandated reporting and the rules of professional conduct, noting that a mandated reporter who knowingly fails to report is guilty of a gross misdemeanor and that violations of the rules of professional conduct can lead to disciplinary action. He said the bill's exemption is limited to information gained while representing a client and would not extend to information learned outside the attorney‑client relationship.

Representative Jerry Pollet, the bill sponsor, said clinics are essential to addressing shortages in public defenders, prosecutors and civil legal services and argued that without this targeted exemption many law‑school clinics would be unable to operate. "We need to ensure that we continue to provide the services that are filling the gap as well as training students to fill these shortages," Pollet said.

Clinical faculty and public‑defense leaders told the committee the bill is narrowly drawn and necessary to protect attorney‑client privilege while preserving child safety protections in other contexts. Paul Holland, a Seattle University law faculty member, testified that the lack of a targeted exemption forces clinic faculty to alter case selection and reduces access to legal services for indigent clients. Myelisa Vanyo of the Washington State Bar Association's Council on Public Defense, Ramona Brandes of the Washington Defender Association, Rhea Yo of Legal Counsel for Youth and Children, and Samuel Martin of the Mockingbird Society all spoke in support, noting clinical experience as a key pathway into public defense and children's advocacy.

Witnesses emphasized the bill's scope: it would apply to information acquired "in the course of providing legal representation to a client" and does not propose a blanket exemption for university employees. Committee members asked clarifying questions about the scope of the exemption and whether incidental or off‑campus disclosures would remain reportable; sponsors and counsel said the exemption would not cover information learned outside the representation. The hearing concluded with many law‑school clinic leaders urging committee support so clinics can continue to operate without forcing attorneys to choose between statutory reporting duties and ethical obligations of confidentiality.