Walla Walla judge tells Whatcom task force that "bail is the last resort" as courts weigh least-restrictive options

Judge Brandon Johnson of the Walla Walla County Superior Court told Whatcom County's Incarceration Prevention and Reduction Task Force on Dec. 15 that Washington law starts from a presumption of innocence and that bail "is the last resort." Johnson, invited to brief the group, summarized state constitutional protections and the way Criminal Rule 3.2 directs pretrial decisions.

Johnson said pretrial release decisions are "pretrial" and "pre-adjudication," and that probable cause is a lower standard than the proof required for conviction. He listed the hardships of pretrial detention, including reduced access to counsel, difficulty assisting in investigations, loss of employment and housing, and stigma for people not yet convicted.

Explaining the Rule 3.2 framework, Johnson said courts must first consider noncustodial conditions to secure appearance: a defendant's history of responding…