19.2-163.8 - List of qualified attorneys.
§ 19.2-163.8. List of qualified attorneys.
A. The Supreme Court and the Indigent Defense Commission, in conjunction withthe Virginia State Bar, shall adopt standards for attorneys admitted topractice law in Virginia who are qualified to represent defendants chargedwith capital murder or sentenced to death, which take into consideration, tothe extent practicable, the following criteria: (i) license or permission topractice law in Virginia; (ii) general background in criminal litigation;(iii) demonstrated experience in felony practice at trial and appeal; (iv)experience in death penalty litigation; (v) familiarity with the requisitecourt system; (vi) current training in death penalty litigation; (vii)current training in the analysis and introduction of forensic evidence,including deoxyribonucleic acid (DNA) testing and the evidence of a DNAprofile comparison to prove or disprove the identity of any person; and(viii) demonstrated proficiency and commitment to quality representation.
B. The Supreme Court and the Indigent Defense Commission shall maintain alist of attorneys admitted to practice law in Virginia who are qualified torepresent defendants charged with capital murder or sentenced to death. Inestablishing such a list, the Court and the Commission shall consider allrelevant factors, including but not limited to, the attorney's background,experience, and training and the Court's and the Commission's assessment ofwhether the attorney is competent to provide quality legal representation.
C. Notwithstanding the requirements of § 19.2-163.7, the judge of the circuitcourt may appoint counsel who is not included on the list, but who otherwisequalifies under the standards established and maintained by the Court and theCommission.
D. Noncompliance with the requirements of this article shall not form thebasis for a claim of error at trial, on appeal, or in any habeas corpusproceeding. The performance of habeas corpus counsel appointed pursuant tothis article shall not form a basis for relief in any subsequent habeascorpus proceeding.
E. The Supreme Court and the Indigent Defense Commission shall, inconjunction with the Virginia State Bar, promulgate and thereafter maintainstandards for the qualifications of counsel who shall be considered eligibleto be placed on the list of qualified attorneys.
(1991, c. 664; 2001, c. 766; 2004, cc. 884, 921.)