Senate Committee Hears Fierce Debate Over Mandatory Arbitration for State Tort Claims

Summary

The Senate Law & Justice Committee heard hours of testimony on SB 6,239, which would require civil arbitration for tort claims against Washington and its subdivisions before trial. Local governments urged relief from rising insurance costs; trial lawyers, survivors and civil-rights groups warned arbitration would reduce transparency and erect barriers to justice.

The Washington State Senate Law and Justice Committee on Jan. 27 heard extensive public testimony on Senate Bill 6,239, a proposal to require civil arbitration for tort claims against the state and local subdivisions before cases proceed to trial.

Tim Ford, committee staff counsel, told the committee that current practice requires claimants to submit tort claims to the Office of Risk Management, wait 60 days and then may file suit. ‘‘When someone has a tort claim against the state, they must first submit the claim to the office of risk management in the department of enterprise services and then they have to wait for 60 days,’’ he said. The bill would make those claims subject to arbitration at any dollar amount prior to trial and preserve a trial de novo and jury if a party appeals.

Sen. Tara Dhingra, the bill’s prime sponsor, framed SB 6,239 as a response to mounting liability exposure that she said is straining state and local budgets. ‘‘Washington is an outlier in the country in terms of how much liability…

Senate Committee Hears Fierce Debate Over Mandatory Arbitration for State Tort Claims

Summary

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