RFQ - Blake Attorney Representation - Statewide

Full Job Description

Expected Contract Period:
Immediately through June 30, 2026. May be extended depending on funding.

Application Due Date:
Rolling. Applications will be reviewed as they are received, and positions are open until filled. Applicants are encouraged to submit their materials as soon as possible.

Submit Applications by Email to: Blake Defense Program blake@opd.wa.gov


Background:
The State v. Blake decision invalidated 100,000s criminal convictions for simple drug possession from 1971 to 2021. Consequently, thousands of people across the state need to have their simple drug possession conviction vacated, refund of legal financial obligations, and in 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 for individuals needing assistance with vacating their unconstitutional convictions and receiving their lawfully owed refunds.

This position will provide direct representation for resentencing to individuals who are in high priority categories such as individuals who may be immediately released due to resentencing, cases returned on appeal, and other emergent scenarios.

Requirements

Position Summary:
OPD will enter into a contract or contracts with solo practice attorneys and/or multi-attorney organizations who will provide legal services to individuals who may be eligible for Blake resentencing in ANY superior court located in Washington State with highest priority for cases from Clallam County, Clark County, Cowlitz County, Grays Harbor County, Jefferson County, Kitsap County, Mason County, Pacific County, and, Skamania County, Thurston County, and Wahkiakum County. Such legal services include:

1. Provide timely direct legal representation for individuals seeking a resentencing for a Blake conviction including drafting motions CrR 7.8 motions, gathering and presenting mitigation evidence, and responding to challenges related to resentencing. May also include work on vacating the underlying Blake conviction. Note that the court of conviction and resentencing court may be located anywhere in the State of Washington.

2. Report to OPD hours and issues worked on monthly basis.


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

Qualifications

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 A adult felony-qualified under the Washington State Court Standards for Indigent Defense and WSBA Public Defense Standards.
• Knowledge of Washington State criminal law.
• Strong knowledge of sentencing and offender scoring under the Washington’s Sentencing Reform Act.
• Experience with alleged community custody, drug offender sentencing alternative, and DOC policy violations under the Washington’s Sentencing Reform Act.
• Experience working with incarcerated people.
• Experience in obtaining and working with experts, social workers, release planning, and mitigation investigation.

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

• Prior experience with State v. Blake matters including resentencing, LFOs, and vacation of convictions.
• Experience practicing law as a public defender or indigent attorney.
• Experience litigating CrR 7.8 motions.
• Experience litigating resentencing and mitigation matters.

Additional Information

Compensation:
Each contract attorney will be compensated $160.00 hourly, with a contract cap of $30,000. Paralegals or legal assistants working under attorneys and providing support for contract attorneys’ Blake work will be compensated $70.00 hourly. The number of hours per week or month that will be available under the contract will vary depending on local circumstances. Contractors who must travel outside the county where their office is located for Blake work may also be eligible for mileage and may bill the hourly rate for travel time.

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 Resume of Attorneys who would participate in delivery of these services.
• Two (2) Professional References.
• Answers to following questions:

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.