Franklin County Office of Public Defense seeks statements of qualifications from qualified attorneys to provide public defense services on its Franklin County Superior Court Felony Panel for an IMMEDIATE opening.

Summary

•For all felonies (Class A, B, and C) in Superior Court except for homicides and persistent offender cases

•Base annual compensation will be $156,560/year for up to 140 cases under the current case cap standard. This will be paid in equal monthly installments.

•Additional compensation will be provided for:

•Trial per diem - $800 per day/$400per half day

•This RFQ does not have a deadline. The contract may be awarded immediately as Franklin County sees fit. Therefore, early or immediate submission of application is recommended.

•One contract to be awarded

•Contract period to be ASAP – December 31, 2026.

How to Apply

Before applying, please make sure to read this RFQ announcement in its entirety. Any questions should be addressed in writing to:

If you meet the minimum qualifications, then you are invited to apply by submitting the following materials to the contact listed below by the RFQ close date in the following manner:

1.Letter of interest providing any background, experience or professionalaccomplishments that the applicant wishes to be considered.

2.A current resume.

3.Letters of reference from listed professional references (Optional)

Electronic submission is strongly encouraged and may be emailed to:

Please indicate "RFQ Response-FCSC Felony" in the subject line of the email application.

Contact information for mailed applications and for any questions is as follows: 

Office of Public Defense

RFQ-Response 

1016 N. 4th Ave Pasco, WA 99301

Background:

Franklin County provides indigent defense services through the Franklin County Office of Public Defense. All indigent defense services for Franklin County Superior Court are provided by contracted attorneys. Superior Court criminal dockets in Franklin County are currently on Tuesdays and Wednesdays. Contract public defenders are responsible for regularly appearing on the docket where pending cases in their pre-trial stages are addressed, and also where some new cases are arraigned and assigned directly to public defenders.

Contract Details

Number and Effective Dates of Contracts

Franklin County anticipates awarding 1 contract at this time. At the expiration of said contract

FCOPD will negotiate along with the other felony contractors to continue an agreement.

Eligibility

All attorneys admitted to practice law in the State of Washington who meet the Required Qualifications (stated below) and who have, or are prepared to establish, an adequate law office with access to confidential meeting facilities within the Tri-Cities area (Richland, Kennewick or Pasco).

Compensation Plan

•Base annual compensation is $156,560/year. This will be paid in equal monthly installments.

•Additional compensation will be provided for:

*Trial per diem - $800 per day/$400 per half day

Homicide and Persistent Offender (either felony “third strike” or sex offender “second strike cases where the potential of a life-without-parole sentence is possible on the current case) are not assigned to holders of contracts awarded pursuant to this RFQ. Such cases are assigned to attorneys who hold Homicide/Persistent Offender contracts that are awarded separately from the contract. The awarding of a contract under this RFQ DOES NOT preclude a given attorney from applying for, and being awarded, a Homicide/Persistent Offender contract when such contracts come available.

Maximum Caseload

Successful applicants who accept contract offers will have the option of choosing the maximum number of actual cases they wish to be appointed in every calendar year (up to 140), mindful of the caseload maximums and limitations on private practice for contract public defenders imposed by the Washington State Supreme Court. Base compensation will be adjusted for caseload maximums less than 140.

Compliance with Public Defense Standards and Laws

All applicants awarded contracts pursuant to this RFQ are solely and personally responsible for familiarizing themselves and complying with all public defense standards and legal requirements associated with the practice of law in the State of Washington. This includes Washington State Public Defense Standards as adopted by the Washington State Supreme Court and codified in court rules in the “Standards for Indigent Defense” (SID) section; Franklin County’s Public Defense Ordinance; and the Rules of Professional Conduct (RPCs) and routine certifications therein.

Franklin County provides the following support to contractors to assist them in complying with public defense standards and applicable laws:

•Free, local CLEs approved by the State Office of Public Defense and WSBA

•Access to no-cost subscriptions to JIS-LINK (allowing computerized access toSuperior Court and District Court computerized records)

Scope of Services:

The services contemplated by this RFQ consist of all aspects of criminal defense of persons charged with crimes in Superior Court. The successful candidate would be responsible for fully, completely, and diligently representing criminal defendants according to standards set by applicable statutes, case law and the Rules of Professional Conduct. Examples of responsibilities include, but are limited to:

•Investigating or otherwise making appropriate inquiry into the facts of givencases

•Consulting with defendants, advising of the nature of charges, discussing possibleresolutions, formulating defenses, and preparing for trial if appropriate.

•Conferring and negotiating with prosecuting attorneys about cases

•Attending any and all court appearances pertaining to assigned cases including butnot limited to arraignment, pretrial hearings, omnibus, trial, sentencing and restitutionhearings

•Retaining and supervising the services of experts and/or investigators as appropriate

•Researching legal issues, and filing and arguing motions as appropriate

Qualifications

•Active membership (in good standing) in the Washington State Bar;

•At least two years full-time experience either as a criminal prosecutor or criminaldefense attorney;

•Must have tried at least two felony matters to juries either as a criminal prosecutor orcriminal defense attorney, either as first or second chair (with significant involvement –“observer only” second chair trials do not count toward these minimum qualificationstandards);

•Familiarity with Washington criminal statutes in particular pertaining to felony crimes,Superior Court criminal rules, constitutional provisions, and key case law;

•Familiarity with collateral consequences of felony criminal convictions in generalunder both State and Federal law as well as specific collateral consequences ofcommon crimes (including, but not limited to, sex offender registration, driver’s licensesuspension, security clearance revocation and firearm offender registration);

•Familiarity with mental health issues including knowledge of when need to obtainexpert services is triggered;

•Familiarity with immigration consequences of felony arrests and convictions to the

degree required by Padilla v. State of Kentucky.

•Must have excellent caseload management skills that are appropriate for a caseloadof the size anticipated by this RFQ;

•Familiarity with, and ability to certify to, indigent defense standards as applicable toSuperior Court cases and as;

•Either currently insured or able to procure insurance meeting following parameters:

* Malpractice insurance in the amount of $1 million per occurrence, $1 milliongeneral aggregate and a deductible of no less than $10,000

* Commercial general liability insurance in the amount of $1 million peroccurrence, $2 million general aggregate

•Demonstrated commitment to public defense and service to indigent clients;

•Willingness and ability to meet with appointed clients (including clients incarcerated inthe Franklin County jail) within 72 hours of appointment;

Desirable:

•Working knowledge of prosecution practices in Franklin County, particularly in theFranklin County Prosecutor's Office

•Working knowledge of Superior Court procedures in Franklin County

•Qualified to handle Class A Felonies under Washington Standards for Indigent Defense; but will consider applicant who is only B or C qualified with an agreement to become Class A qualified within the first year of said contract.