19.2-163.03 - Qualifications for court-appointed counsel.
§ 19.2-163.03. Qualifications for court-appointed counsel.
A. Initial qualification requirements. An attorney seeking to represent anindigent accused in a criminal case, in addition to being a member in goodstanding of the Virginia State Bar, shall meet the specific criteria requiredfor each type or level of case. The following criteria shall be met forqualification and subsequent court appointment:
1. Misdemeanor case. To initially qualify to serve as counsel appointedpursuant to § 19.2-159 for an indigent defendant charged with a misdemeanor,the attorney shall:
(i) if an active member of the Virginia State Bar for less than one year,have completed six hours of MCLE-approved continuing legal educationdeveloped by the Indigent Defense Commission, or
(ii) if an active member of the Virginia State Bar for one year or more,either complete the six hours of approved continuing legal educationdeveloped by the Commission, or certify to the Commission that he hasrepresented, in a district court within the past year, four or moredefendants charged with misdemeanors, or
(iii) be qualified pursuant to this section to serve as counsel for anindigent defendant charged with a felony.
2. Felony case.
a. To initially qualify to serve as counsel appointed pursuant to § 19.2-159for an indigent defendant charged with a felony, the attorney shall (i) havecompleted the six hours of MCLE-approved continuing legal education developedby the Commission, and (ii) certify that he has participated as either leadcounsel or co-counsel in four felony cases from their beginning through totheir final resolution, including appeals, if any.
b. If the attorney has been an active member of the Virginia State Bar formore than one year and certifies that he has participated, within the pastyear, as lead counsel in four felony cases through to their final resolution,including appeals, if any, the requirement to complete six hours ofcontinuing legal education and the requirement to participate as co-counselshall be waived.
c. If the attorney has been an active member of the Virginia State Bar formore than one year and certifies that he has participated, within the pastfive years, as lead counsel in five felony cases through to their finalresolution, including appeals, if any, the requirement to participate aseither lead counsel or co-counsel in four felony cases within the past yearshall be waived.
3. Juvenile and domestic relations case.
a. To initially qualify to serve as appointed counsel in a juvenile anddomestic relations district court pursuant to subdivision C 2 of § 16.1-266,the attorney shall (i) have completed the six hours of MCLE-approvedcontinuing legal education developed by the Commission, (ii) have completedfour additional hours of MCLE-approved continuing legal education onrepresenting juveniles developed by the Commission, and (iii) certify that hehas participated as either lead counsel or co-counsel in four cases involvingjuveniles in a juvenile and domestic relations district court.
b. If the attorney has been an active member of the Virginia State Bar formore than one year and certifies that he has, within the past year, been leadcounsel in four cases involving juveniles in juvenile and domestic relationsdistrict court, the requirement to complete the 10 hours of continuing legaleducation shall be waived.
c. If the attorney has been an active member of the Virginia State Bar formore than one year and certifies that he has participated, within the pastfive years in five cases involving juveniles in a juvenile and domesticrelations district court, the requirement to participate as either leadcounsel or co-counsel in four juvenile cases shall be waived.
B. Requalification requirements. After initially qualifying as provided insubsection A, an attorney shall maintain his eligibility for certificationbiennially by notifying the Commission of completion of at least six hours ofCommission and MCLE-approved continuing legal education. The Commission shallprovide information on continuing legal education programs that have beenapproved.
In addition, to maintain eligibility to accept court appointments undersubdivision C 2 of § 16.1-266, an attorney shall complete bienniallythereafter four additional hours of MCLE-approved continuing legal educationon representing juveniles, certified by the Commission.
C. Waiver and exceptions. The Commission or the court before which a matteris pending, may, in its discretion, waive the requirements set out in thissection for individuals who otherwise demonstrate their level of training andexperience. A waiver of such requirements pursuant to this subsection shallnot form the basis for a claim of error at trial, on appeal, or in any habeascorpus proceeding.
(2004, cc. 884, 921; 2006, c. 708; 2007, c. 571.)