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Bill

HB 1891

Concerning the establishment of liability standards for criminal defense counsel.

2025-2026 Regular Session Introduced by Rob Chase and 3 co-sponsors

HB 1891 creates civil liability standards allowing defendants to sue criminal defense attorneys for damages, establishing an alternative accountability mechanism beyond appellate ineffective assistance claims.

First reading, referred to Civil Rights & Judiciary.
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Bill Summary · HB 1891

Legislative bill overview

HB 1891 establishes new liability standards that would allow defendants to sue their criminal defense attorneys for civil damages in certain circumstances. The bill creates a legal framework for addressing claims of inadequate representation outside traditional appeals processes. It represents a significant shift in how criminal defense performance is evaluated and remedied.

Why is this important

Criminal defendants currently have limited recourse for attorney misconduct—primarily through appeals based on "ineffective assistance of counsel" claims, which have high legal thresholds. This bill could provide an alternative avenue for accountability and compensation, potentially affecting how defense attorneys practice and what insurance they must maintain. The change could have substantial implications for both the cost of criminal defense and defendants' access to justice.

Potential points of contention

  • Attorney deterrence vs. defensive lawyering: Broader liability exposure may cause attorneys to practice more cautiously, potentially limiting aggressive defense strategies that benefit clients
  • Standard-setting complexity: Defining what constitutes inadequate representation in civil court differs from appellate standards, creating potential conflicts and inconsistency in how attorney performance is judged
  • Insurance and cost impacts: Increased liability exposure could drive up malpractice insurance costs for defense attorneys, potentially raising costs for public defenders and private clients, particularly in less wealthy jurisdictions
  • Frivolous claims: Lower liability thresholds may encourage claims that distract from legitimate systemic issues in criminal justice

Compiled from official sources — confirm details with the bill’s official record.

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