A Washington State Senate bill—Senate Bill 6239—is advancing through the Legislature that would require mandatory civil arbitration for certain tort claims against the state and its subdivisions before plaintiffs may access a jury trial. Critics warn this change could particularly impact survivors of childhood sexual abuse, who often come forward years after the abuse occurred.

What the bill proposes: Under SB 6239, tort claims against the state or local governments would be routed to civil arbitration if either of these conditions applies:

• At least 10 years have passed since the incident that gave rise to the claim, and the claimant was an adult when the incident occurred.
• At least 10 years have passed since a minor claimant reached adulthood.

Only if neither condition applies can arbitration be waived and the case proceed to trial. Otherwise, arbitration is mandatory before any jury trial may be scheduled. These changes would take effect immediately, as the bill contains an emergency clause. 

SB 6239 is sponsored by a bipartisan group of Washington state senators, including Senators Manka Dhingra, Jamie Pedersen, Steve Conway, Marko Liias, June Robinson, and Claire Wilson, and is currently moving through the Senate Law & Justice and Ways & Means committees. 

Where this matters locally: For Cowlitz County residents—including those in Longview and Kelso—this change would alter the legal landscape for anyone filing a tort claim against state or local government after a long delay. That includes survivors whose claims involve historical abuse or harm that only surfaced many years later.

Supporters argue: Government entities face mounting liability costs that strain budgets. SB 6239 offers a more efficient path, potentially reducing legal fees and unpredictable jury awards. Hundreds of millions in payouts in previous years have prompted calls for reform to protect services and local funding. Municipal associations, counties, and state insurance pools have testified in favor during hearings. 

Opponents counter: Attorneys and advocates for survivors say the bill reduces transparency and accountability. They warn that forcing survivors—particularly of childhood sexual abuse—to go through closed-door arbitration can retraumatize them and shield government actors from public judgment. In committee hearings, survivors emphasized that jury trials provided validation and an apology, which arbitration may not afford. Critics also raised concerns about ambiguity around who would bear arbitration costs. 

Amendments and legislative outlook: In an amendment approved on February 5, 2026, the bill requires arbitrators to be “victim‑centered and trauma‑informed” and calls for a study by the Joint Legislative Audit and Review Committee to assess the policy’s effectiveness. Nonetheless, no sunset clause was adopted, meaning the requirement could become permanent unless repealed or amended later.

Why this matters: This bill touches on deep questions about fairness, justice, and the balance between cost control and public accountability. For those who bring delayed claims—especially survivors of childhood abuse—mandatory arbitration may limit their avenues for public judgment and remedies. The proposed changes demand careful scrutiny from the Cowlitz County community and its lawmakers.

Next steps: SB 6239 is scheduled for further consideration in the Senate Rules Committee. Should it pass both chambers and be signed by the governor, it would take effect immediately.

Why this matters
As this bill progresses, its impact on survivors and the public’s ability to hold government accountable merits close attention. In a region that values transparency and trust, limiting pathways to public adjudication could undermine civic confidence—especially in cases involving generational trauma or institutional failure. The amendment to require trauma-informed arbitration is a step, but whether it sufficiently protects survivors’ rights remains uncertain.

Sources
Senate Bill Report summary of SB 6239 (Law & Justice substitute)
Washington State Standard coverage of state liability costs and the bill’s fiscal context
The Center Square’s report on the bill’s impact on child victims and testimony in committee

Editor’s note: John or Jane Doe [Author Name], Columbia Countercurrent.