Legal Counsel for Aggravated Murder Appeals

The State of Utah Division of Purchasing, conducting procurement on behalf of the Governor's Office, is soliciting proposals for Legal Counsel for Aggravated Murder Appeals through a Request for Proposals posted on May 5, 2026, with responses due by May 21, 2026. This procurement seeks to establish multiple contract awards with responsive and responsible vendors meeting minimum technical score thresholds for a five-year contract term ending January 9, 2030. The services procured involve appellate representation for indigent clients convicted of Aggravated Murder in Utah state appellate courts, with contractors required to provide comprehensive legal services including case review, transcript ordering, brief preparation and filing, legal research, investigator coordination, and oral argument preparation through final disposition. Qualified contractors must meet Rule 8 of the Utah Rules of Criminal Procedure, demonstrate experience as counsel in at least three felony appeals, complete approved Continuing Legal Education with at least eight hours focused on death penalty cases within the past five years, possess more than five years of active criminal defense practice, maintain current membership on the appellate roster maintained by the Board of Appellate Judges under Utah Rules of Judicial Administration Rule 11-401, and maintain good standing with the Utah State Bar. The technical evaluation is scored on 500 total points across three criteria: Resume (150 points, 30 percent), Statement of Interest (50 points, 10 percent), and Prior Capital Defense Representation (300 points, 60 percent), with a minimum score of 360 points (72 percent) required to advance to cost evaluation. Compensation is structured at $200 per hour for legal services capped at 150 hours per case without prior authorization, with reimbursable non-attorney expenses including investigator fees (not to exceed $20,000), mitigation specialist fees (not to exceed $30,000), expert fees (not to exceed $30,000), and administrative/paralegal assistance at $60 per hour, plus reasonable and necessary expenses such as travel, transcripts, and document copying.

No specific set-asides or restrictions on organizational type are identified in the procurement documents, though all contractors must maintain professional malpractice insurance with minimum limits of $250,000 per claim and $500,000 aggregate and remain active members in good standing with the Utah State Bar. Firms that currently maintain a contract for these services with an end date of January 9, 2030 are not required to submit a response to this RFP. All vendors must comply with anti-boycott provisions under Utah Code Annotated 63G-27, certify non-use of forced labor products, and confirm no engagement with restricted foreign entities. Contractors must obtain and maintain workers' compensation insurance, commercial general liability insurance with minimum limits of $1,000,000 per occurrence and $3,000,000 aggregate, and commercial automobile liability insurance if vehicles are used. Quarterly invoices are due on specified dates (April 20, July 15, October 20, and January 20), and contractors must submit separate technical and cost proposals with all pricing guaranteed for the specified contract period. The contract value is dependent upon annual assessments from participating counties and caseload requirements, with the budget subject to adjustment by the Executive Director based on legal costs and caseload demands.