RFQ - Blake Vacate Attorney - Cowlitz County

Expected Contract Period:          Immediately through June 30, 2027.
Application Due Date:                 Rolling. Applications will be reviewed upon receipt and positions are open until filled. Submit Applications 
by Email to:                                    Blake Defense Program      blake@opd.wa.gov

 
Background:                                      
The State v. Blake decision invalidated 50 years of criminal convictions for simple drug possession. Consequently, thousands of people across the state need: their simple drug possession conviction vacated, a refund of legal financial obligations, and if eligible, felony cases to be resentenced. OPD has provided representation for individuals impacted by the Blake decision since 2022. There remains a strong demand for legal representation from individuals needing assistance with vacating their unconstitutional convictions and obtaining their lawfully owed refunds.Position Summary:                          

OPD will enter into a contract with solo practice attorneys and/or multi-attorney organizations who will provide legal services to individuals eligible for a Blake vacate of a Simple Drug Possession conviction and refund of paid LFOs and third-party costs in Cowlitz County Superior Court, Cowlitz County District Court, and any municipal court located in Cowlitz County. This contract does not include work related to resentencing.

Such services will include client representation for motions to vacate under State v. Blake in any court located in Cowlitz County, assisting clients with obtaining Blake refunds, litigating refund requests for third party costs (i.e., attorney’s fees), and working with clients in DOC and/or outside Washington State.

Contractor(s) will not be guaranteed a minimum number of hours each month under this contract; hours available under this contract will vary month-to-month depending on local factors.

This RFQ is open to solo practice attorneys or multi-attorney offices.  

Required Qualifications:              
OPD is seeking attorneys with the following qualifications:

• Licensed member in good standing with the Washington State Bar;
• Carries malpractice insurance;
• Is Class C adult felony-qualified under the Washington State Court Standards for Indigent Defense and WSBA Public Defense Standards;
• Knowledge of Washington State criminal law, including vacates and legal financial obligations.
• Experience working with clients in carceral settings and marginalized communities.

Desired Qualifications:                  
In addition, the following qualifications are preferred:  

• Prior Blake litigation experience, including filing motions to vacate and 3^rd party LFO requests;
• Working or worked in Cowlitz County courts during the last two years;
• Located in Cowlitz County or within one (1) hour of Vancouver, Washington;
• Experience practicing as a public defense attorney, civil legal aid attorney, and/or prosecuting attorney;  
• Fluent in Spanish, Russian, Vietnamese, or Ukrainian;
• Experience litigating CrR 7.8 motions.

Compensation:                                 
Each contract attorney will be compensated $135.00 hourly. Paralegals or legal assistants working under attorneys and providing support for contract attorneys’ Blake work will be compensated $70.00 hourly. 

How to Apply:                                   
Questions regarding applications and completed applications can be sent to blake@opd.wa.gov. Please include the following information:

• Cover Letter describing how you meet the required qualifications listed above, and the preferred qualifications if applicable.
• Your Resume or Resumes of Attorneys who would participate in delivery of these services.
• Two (2) Professional References
• Answers to following questions:
  1. What is your experience working on State v. Blake. If you don’t have prior this legal experience, please share your background working with incarcerated clients and clients from marginalized communities.  
  2. Please describe your current workload/practice, and how this contract will fit into your existing workload.
  3. Please describe your familiarity with local criminal practice and courtroom procedure in Cowlitz County. If you have not practiced in Cowlitz County, please describe your familiarity with a jurisdiction where you currently work.    

Questions regarding this RFQ can also be sent to blake@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.

The Washington State Office of Public Defense vigorously pursues diversity in the work force. Women, racial and ethnic minorities, LGBTQ, persons with disabilities, formerly incarcerated individuals, and military veterans are encouraged to apply.