SUPERVISING ATTORNEY

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, public policy, community activities, and life experiences to enhance our office.

Program Description

The OPD Appellate Program provides state-funded attorney representation to indigent clients with a right to counsel at State expense before the Washington State Court of Appeals and the Washington State Supreme Court. OPD contracts with firms of different sizes to represent indigent appellants in cases where federal and state constitutions and state statutes guarantee the right to counsel on appeal. These include adult and youth criminal cases, as well as other cases involving fundamental rights, such as dependency proceedings, termination of parental rights, and involuntary civil commitments.

Relatively recently, the Appellate Program has expanded in scope. Senate bill 5046 (Laws of 2023, ch. 261) now directs OPD to appoint counsel for a limited number of incarcerated indigent youth or adults to file a first, timely personal restraint petition, subject to available funds. OPD’s 5046 Post Conviction Team screens applications for representation and appoints cases to our team of contract attorneys.

Duties

The Role of the Appellate Program Supervising Attorney

As Supervising Attorney, you will provide direction and leadership to the OPD Appellate Program. These duties will include active management of current services with an eye towards future improvements and program expansion to improve the quality of representation. Success in this position requires being both a “big thinker” who can strategically identify and plan for long-term goals, as well as a being a collaborative team member to tackle the tasks at hand. Duties and responsibilities include:

• Provide management and oversight for approximately 25 firms of various sizes that contract with OPD to provide representation in appellate and other post-conviction cases.
• Recruit additional attorneys and firms as needed.
• Directly supervise 2.0 FTE paralegals and other future Appellate Program staff.
• Review case appointments for assignment with appropriate contractors.
• Collaborate with partners to create, implement, and update training for contracted appellate attorneys to maintain effective skills and stay up-to-date on innovative practices.
• Monitor contract performance by reviewing briefs and attending occasional oral arguments, as well as conducting annual review meetings with each contractor.
• Engage in active communication with judicial and administrative members of the Courts of Appeals to ensure smooth administration of case assignments and to educate on developments to or challenges with effective public defense representation.
• Coordinate with OPD’s fiscal team, develop and manage the program budget and programmatic fiscal processes, and review and approve invoices for payment.
• Coordinate with OPD’s legal programs to support improved connections between trial and appellate level counsel.
• Review and analyze program data to track caseloads, workloads, budgets, and performance measurements.
• Review and approve requests for expert services.
• Answer phone calls from the community about appellate services.
• Respond to and handle appellate client complaints.

General Responsibilities

• Exercise mature judgment in potentially sensitive, high-stress situations.
• Participate in and foster a collaborative working environment at OPD, statewide stakeholder groups, and in demographically diverse local court systems.
• Diligently follow attorney and state employee ethics requirements.
• Conduct all activities with the highest degree of professionalism in furtherance of OPD’s Mission, Vision, and Values.

Regular travel will be required in Washington State, including occasional overnight travel. Out-of-state travel occurs infrequently.

Salary

• $126,168 - $149,904/year

Qualifications

Minimum Qualifications

• A member in good standing of the Washington State Bar Association, or a member of another State Bar Association and able to become licensed in Washington within one year.
• A minimum of ten years of experience in the public defense profession in roles with progressively increased responsibility.
• A minimum of one-year experience directly supervising public defense attorneys or managing public defense attorney contracts.
• A minimum of one-year experience representing indigent defendants on appeals or other post-conviction cases.
• Ability to develop and sustain respectful professional relationships with a diverse community of state, county, and city government officials, judges, defense attorneys, professional associations, community representatives, and others.
• Experience using and interpreting the Washington Rules of Professional Conduct, the Washington Supreme Court Standards for Indigent Defense, and the Washington State Bar Association Standards for Indigent Defense Services.
• Demonstrate an understanding of and experience advocating against the impact of race, bias, discrimination, and differential treatment of communities disproportionately composed of Black, Indigenous, and people of color, individuals who identify as LGBTQIA+ or other sexual minorities, individuals with disabilities, immigrants, limited English speaking persons, and others who have been historically disproportionately overrepresented in the criminal justice system.
• Ability to prioritize tasks and to function independently as well as part of a team in a collaborative environment.
• Proficient with computer use and have the ability to become proficient in the use of specialized case management tools.
• Attention to detail and excellent writing and proofreading skills.

Desired Qualifications

• Experience managing client service contracts.
• Experience supervising attorney and non-attorney staff.
• Experience with new program development.
• Experience designing and organizing training programs.
• Experience testifying at the Legislature and working with state and local government representatives.
• Familiarity and experience with Washington court systems and legal databases, such as but not limited to JABS, Odyssey, and Accords.
• The ability to work on-site at the OPD office in Olympia.

Other Information

Compensation $126,168 to $149,904 annually

Washington State employees are offered a comprehensive benefit package that includes: paid holidays, vacation and sick leave, retirement and health, dental and life insurance coverage for self and family. There are also options for deferred compensation and pre-tax flexible spending accounts.

Application Process

To be considered, interested candidates must apply online atwww.careers.wa.gov(Click on the APPLY button above.) You must complete the entire online application. In addition to the online application:

• Letter of interest
• Current résumé
• A list of at least three professional references
• A writing sample that is your original work

If you have problems navigating the online application process of uploading the required documents, email tracy.sims@opd.wa.gov for assistance.

Diversity, Equity and Inclusion

We vigorously pursue diversity in the work force. Women, racial and ethnic minorities, persons over 40 year of age, LGBTQIA+, persons with disabilities, formerly incarcerated, prior child welfare involvement, and military veterans are encouraged to apply. Pursuing diversity, equity and inclusion means that as an agency, and as individuals, we are committed to ensuring that all employees enjoy a respectful, safe, and supportive working environment.

Teleworking

Our offices are located in Olympia, Washington. We have teleworking options available by policy, and arrangements are considered on an individual basis depending on the needs of the position and the availability of adequate equipment. Because the Appellate Program Supervisor will need to develop a strong understanding of and relationship with other OPD units, it is desired that they work on-site in Olympia. However, if the successful candidate cannot work on-site full time, there is the expectation of being on-site in Olympia at least two days per week.

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