RFQ Attorney Representation for Indigent Clients for ITA Proceedings under RCW 71.05

STATE OF WASHINGTON

OFFICE OF PUBLIC DEFENSE

REQUEST FOR QUALIFICATIONS

RFQ25039

ATTORNEY REPRESENTATION FOR INDIGENT CLIENTS

FOR INVOLUNTARY TREATMENT ACT PROCEEDINGS UNDER RCW 71.05

[BENEFITS INFORMATION PROVIDED ON THIS WEBSITE

DOES NOT APPLY TO CONTRACTORS]

About the Washington State Office of Public Defense (OPD): We are an independent judicial branch agency mandated to implement the constitutional and statutory guarantees of counsel and to ensure the effective and efficient delivery of indigent defense services funded by the state.

Mission: Upholding the rights of all people who are facing the loss of liberty or family by providing statewide leadership, administration, and support to the multidisciplinary public defense profession.

Vision: Public defense clients, everywhere in the state, receive truly equitable and client-centered representation from fully supported professionals.

Values: Justice * Service * Equity * Excellence

We administer a variety of programs, including systemic improvement programs and programs providing direct representation. To learn about OPD’s programs click here. We are dedicated to excellence in public law and indigent defense, and we seek talented candidates who share this commitment to client-centered service. We value employees who bring diverse backgrounds in education, employment, community activities, and life experiences to enhance our office.

Program Description: The Washington State Office of Public Defense (OPD) Forensic Civil Commitment Program provides state-funded attorney representation to indigent clients with a statutory right to counsel in commitment proceedings at the University of Washington’s Center for Behavioral Health and Learning (UWCBL) and Olympic Heritage Behavioral Health (OHBH) brought under the Involuntary Treatment Act, Chapter 71.05 RCW.

OPD seeks a conflict attorney to provide representation at both UWCBL and OHBH. A contacted conflict attorney is expected to represent clients in cases brought by the State of Washington who are involuntarily committed up to 90 to 180 days under the Involuntary Treatment Act. This position is considered part time. It is anticipated that a conflict attorney will be assigned anywhere from 1-2 cases per month and will receive an hourly compensation of $124/hour.

Contractors are responsible for all overhead costs including, but not limited to office space, health and malpractice insurance, retirement and other costs of doing business. OPD provides Westlaw, JIS, and King County ECR access, and covers all authorized expert and litigation costs. If interested, please follow the application procedures below.

Salary

• Depends on Qualifications

Qualifications

Attorney Qualifications:

1. Be a licensed member of the Washington State Bar Association (WSBA), in good standing; and
2. Have:
   1. Served at least one year as a public defender, prosecutor, or private counsel in a civil commitment practice;
   2. Been trial counsel in at least five civil commitment initial hearings;
   3. Experience as lead counsel in at least one felony trial or been co-counsel with a more experienced attorney in a 90-day or 180-day commitment hearing or jury trial; and
   4. Experience as counsel in cases involving each of the following:
      1. Mental health issues; and
      2. Expert witnesses
   5. Familiarity with the Superior Court Civil Rules and/or Superior Court Civil Commitment Rules; and
   6. One year of appellate experience or demonstrated legal writing ability;
3. Be able to use current technology to transmit electronic reports, invoices, and other documentation that may be required;
4. Comply with the Washington Supreme Court Standards for Indigent Defense.

Other Information

Application Procedure

Applications will be accepted until the positions are filled. To apply, please email a letter of interest identifying your qualifications, a current resume, and a legal writing sample. Letters of interest should describe the applicant’s current contracts for public defense or other representation as well as any existing caseload, specifying the number and type of cases currently carried.

Email application materials to:
Laurel Brinson, Program Assistant, at laurel.brinson@opd.wa.gov

Please address any questions to:
Kelly Canary, Managing Attorney, at kelly.canary@opd.wa.gov

OPD reserves the right to amend this Request for Qualifications and reserves the right to refrain from contracting with any and all applicants. This Request for Qualifications does not obligate the State of Washington or OPD to contract for the services specified here. Applications received in response to this Request for Qualifications may be added to an applicant pool and used to fill other positions of a similar nature across OPD.

The Washington State Office of Public Defense vigorously pursues diversity in the work force. Women, LGBTQ+, racial and ethnic minorities, persons over 40 years of age, persons with a disability, and disabled and military veterans are encouraged to apply.

Benefits

More than Just a Paycheck!
Employee benefits are not just about the kind of services you get, they are also about how much you may have to pay out of pocket. Washington State offers one of the most competitive benefits packages in the nation.

We understand that your life revolves around more than just your career. Like everyone, your first priority is ensuring that you and your family will maintain health and financial security. That's why choice is a key component of our benefits package. We have a selection of health and retirement plans, paid leave, staff training and other compensation benefits that you can mix and match to meet your current and future needs.

Read about our benefits:
The following information describes typical benefits available for full-time employees who are expected to work more than six months. Actual benefits may vary by appointment type or be prorated for other than full-time work (e.g. part-time); view the job posting for benefits details for job types other than full-time.

Note: If the position offers benefits which differ from the following, the job posting should include the specific benefits.

Insurance Benefits
Employees and their families are covered by medical (including vision), dental and basic life insurance. There are multiple medical plans with affordable monthly premiums that offer coverage throughout the state.

Staff are eligible to enroll each year in a medical flexible spending account which enables them to use tax-deferred dollars toward their health care expenses. Employees are also covered by basic life and long-term disability insurance, with the option to purchase additional coverage amounts.

To view premium rates, coverage choice in your area and how to enroll, please visit the Public Employees Benefits Board (PEBB) website. The Washington Wellness program from the Health Care Authority works with PEBB to support our workplace wellness programs.

Dependent care assistance allows the employee to save pre-tax dollars for a child or elder care expenses.

Other insurance coverage for auto, boat, home, and renter insurance is available through payroll deduction.

The Washington State Employee Assistance Program promotes the health and well-being of employees.

Retirement and Deferred Compensation
State Employees are members of the Washington Public Employees' Retirement System (PERS). New employees have the option of two employer contributed retirement programs. For additional information, check out the Department of Retirement Systems' web site.

Employees also have the ability to participate in the Deferred Compensation Program (DCP). This is a supplemental retirement savings program (similar to an IRA) that allows you control over the amount of pre-tax salary dollars you defer as well as the flexibility to choose between multiple investment options.

Social Security
All state employees are covered by the federal Social Security and Medicare systems. The state and the employee pay an equal amount into the system.

Public Service Loan Forgiveness
If you are employed by a government or not-for-profit organization, and meet the qualifying criteria, you may be eligible to receive student loan forgiveness under the Public Service Loan Forgiveness Program.

Holidays
Full-time and part-time employees are entitled to paid holidays and one paid personal holiday per calendar year.

Note: Employees who are members of certain Unions may be entitled to additional personal leave day(s), please refer to position specific Collective Bargaining Agreements for more information.

Full-time employees who work full monthly schedules qualify for holiday compensation if they are employed before the holiday and are in pay status for at least 80 nonovertime hours during the month of the holiday; or for the entire work shift preceding the holiday.

Part-time employees who are in pay status during the month of the holiday qualify for the holiday on a pro-rata basis. Compensation for holidays (including personal holiday) will be proportionate to the number of hours in pay status in the month to that required for full-time employment, excluding all holiday hours. Pay status includes hours worked and time on paid leave.

Sick Leave
Full-time employees earn eight hours of sick leave per month. Overtime eligible employees who are in pay status for less than 80 hours per month, earn a monthly proportionate to the number of hours in pay status, in the month to that required for full-time employment. Overtime exempt employees who are in pay status for less than 80 hours per month do not earn a monthly accrual of sick leave.

Sick leave accruals for part-time employees will be proportionate to the number of hours in pay status, in the month to that required for full-time employment. Pay status includes hours worked, time on paid leave and paid holiday.

Vacation (Annual Leave)
Full-time employees accrue vacation leave at the rates specified in WAC 357-31-165(1) or the applicable collective bargaining agreement (CBA). Full-time employees who are in pay status for less than 80 nonovertime hours in a month do not earn a monthly accrual of vacation leave.

Part-time employees accrue vacation leave hours in accordance with WAC 357-31-165(1) or the applicable collective bargaining agreement (CBA) on a pro rata basis. Vacation leave accrual will be proportionate to the number of hours in pay status, in the month to that required for full-time employment.

Pay status includes hours worked, time on paid leave and paid holiday.

As provided in WAC 357-58-175, an employer may authorize a lump-sum accrual of vacation leave or accelerate the vacation leave accrual rate to support the recruitment and/or retention of a candidate or employee for a Washington Management Service position. Vacation leave accrual rates may only be accelerated using the rates established WAC 357-31-165.

Note: Most agencies follow the civil service rules covering leave and holidays for exempt employees even though there is no requirement for them to do so. However, agencies are required to adhere to the applicable RCWs pertaining holidays and leave.

Military Leave
Washington State supports members of the armed forces with 21 days paid military leave per year.

Bereavement Leave
Most employees whose family member or household member dies, are entitled to three (3) days of paid bereavement leave. In addition, the employer may approve other available leave types for the purpose of bereavement leave.

Additional Leave
Leave Sharing
Parental Leave
Family and Medical Leave Act (FMLA)
Leave Without Pay

Please visit the State HR Website for more detailed information regarding benefits.

Updated 12-31-2022