Managing Attorney, Ch. 10.77 RCW (Post-NGRI) Program - Office of Public Defense
SALARY Depends on Qualifications
LOCATION Thurston County – Olympia, WA
JOB TYPE Exempt
REMOTE EMPLOYMENT Flexible/Hybrid
JOB NUMBER 041
DEPARTMENT Office of Public Defense
OPENING DATE 04/27/2023
CLOSING DATE 5/12/2023 11:59 PM Pacific
Description
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
OPD administers a variety of programs, including systemic improvement programs and programs providing direct representation. To learn about our 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.
The NGRI Civil Commitment Representation Program
Pursuant to Substitute Senate Bill 5415, the 2023 state legislature directs OPD to administer all state-funded services related to the representation of indigent persons acquitted by reason of insanity and committed to state psychiatric care at either Eastern or Western State Hospital. These individuals have a statutory right to counsel as soon as the court commits them. OPD must contract with attorneys across the state to provide representation, until legal termination of commitment and final unconditional release.
Duties
The Role of the NGRI Managing Attorney
As Program Managing Attorney you will collaborate with your fellow Indeterminate Civil Commitment Representation Team members (fiscal assistant, program analyst, and contractors) to develop and administer the statewide public defense representation of individuals civilly committed pursuant to a finding of Not Guilty by Reason of Insanity under Ch.10.77 RCW. This position is a unique opportunity for an experienced public defense attorney to step out of the courtroom and work behind-the-scenes to improve the statewide response to delivering effective and highly skilled representation to individuals committed to Eastern or Western State Hospital. Specific responsibilities will include:
Providing technical assistance to contract attorneys and social workers.
Developing caseload and practice standards for post-commit NGRI representation.
Building relationships with key interested parties, including DSHS-Behavioral Health Administration, Office of Forensic Mental Health, Department of Corrections, Disability Rights Washington, Superior Court Judges, county prosecutors, community mental health treatment providers, and housing providers.
Investigating patient (client) complaints.
Recruiting expert service and professional service providers for defense to use in case preparation and court proceedings.
Observing and evaluating contract attorneys in the courtroom or during depositions.
Compiling and analyzing program data for caseload analysis, reports, and fiscal or policy requests to the legislature.
Drafting periodic reports to the legislature.
Testifying before the Washington State Legislature.
Facilitating or conducting trainings for contract attorneys and social workers.
Periodic travel is required in Washington State, including occasional overnight travel. Out-of-state travel occurs infrequently.
Questions about this position are welcome, and should be directed to the Lead Managing Attorney, Shoshana.Kehoe-Ehlers@opd.wa.gov or 360-586-3164 ext. 110.
Qualifications
Minimum Qualifications
A member in good standing of the Washington State Bar Association.
Experience as a trial attorney representing indigent adults in the Washington State criminal legal systems including the use of forensic expert witnesses and risk actuarial tools.
Experience using the Washington Civil and Criminal Rules of Procedure
Able to develop and sustain respectful professional relationships with a diverse community of state and county government officials, judges, defense attorneys, professional associations, community representatives, and others.
Demonstrate 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.
Have the 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
Strong background representing indigent individuals living with mental illness in the civil and criminal justice systems.
Experience representing individuals with developmental, intellectual, and physical disabilities.
Experience representing individuals committed under Ch.10.77 to state behavioral health hospitals or institutions.
Familiarity with forensic risk actuarial tools.
Experience supervising public defense staff or managing attorney contracts.
Experience promoting systemic change in the criminal legal system.
Experience presenting at training programs.
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.
Supplemental Information
Compensation
$118,740 to $129,336 annually.
Compensation depending on qualifications. 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 Requirements
To be considered you must apply online at www.careers.wa.gov (Click on the APPLY button above). You must complete the entire online application to be considered for this position.
Provide three professional references with contact information - you may attach a document, use the References text field in the online application or include with resume. Applicants will be notified before references are contacted.
Attach a letter of interest describing how your experience and qualifications relate to the position profile.
Attach a current résumé.
If you have problems navigating the online application process or uploading the required documents, please contact and/or send your attachments to tracy.sims@opd.wa.gov.
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 in Olympia, Washington. We have teleworking options available by policy, and will be considered on an individual basis depending on the needs of the position and the availability of adequate equipment.
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.