Virginia Code §§ 19.2-163.01 and 19.2-163.8 require the Virginia Indigent Defense Commission, and for capital defense counsel, the Supreme Court of Virginia, to compile and maintain a list of attorneys qualified to represent accused persons who are in need of criminal indigent defense services.
FELONY TRIAL COUNSEL
JUVENILE TRIAL COUNSEL
MISDEMEANOR TRIAL COUNSEL
CAPITAL TRIAL COUNSEL
CAPITAL APPELLATE COUNSEL
CAPITAL HABEAS CORPUS COUNSEL
Pursuant to §19.2-163.8(E) of the Code of Virginia of 1950, as amended, the Supreme Court and the Virginia Indigent Defense Commission, in conjunction with the Virginia State Bar, hereby set forth the following standards required for appointment of counsel in capital cases. When Circuit Courts, pursuant to §19.2-163.7 of the Virginia Code, appoint counsel for an indigent defendant charged with a capital offense or under sentence of death, it is strongly urged that such Court appoint two (2) attorneys for trial, appellate, and habeas proceedings. Accordingly, these standards often refer to "lead counsel" and "co-counsel". Since the General District Court or Juvenile and Domestic Relations District Court often will make the initial appointment(s), such Court should consult with the Chief Judge of the Circuit Court with regard to appropriate appointments. If a Public Defender is appointed and is either "lead" or "co-counsel", the other attorney should be appointed from the private bar. If counsel is retained, it is recommended that the Circuit Court make known to the defendant and/or counsel, the standards required for capital defense counsel.
Lead Counsel must:
Be an active member in good standing of the Virginia State Bar or admitted to practice pro hac vice;
Have at least five years of criminal litigation practice (defense or prosecution) within the past seven years
including experience as defense counsel in at least five jury trials, tried to verdict, involving violent crimes with
maximum penalties of at least 20 years or more.
back to top
Capital Appellate Counsel must meet the following requirements:
1.Be an active member in good standing of the Virginia State Bar or admitted to practice pro hac vice.
2.Have, within the past five years, briefed and argued the merits, after writs have been granted, in:
a. At least three felony cases in an appellate court; or
b. The appeal of a case in which the death penalty was imposed by the trial court.
3.Have had, within the past two years, at least six hours of specialized training in capital litigation, plus at least
four hours of specialized training required by §19.2-163.8(A)(vii) of the Code of Virginia of 1950, as amended.
4. Be thoroughly familiar with the rules and procedures of appellate practice.
back to top
Habeas Corpus counsel must satisfy one of the following requirements:
1. Possess experience as counsel of record in Virginia or federal post conviction proceedings involving attacks
on the validity of one or more felony convictions, as well as a working knowledge of state and federal habeas
corpus practice through specialized training in the representation of persons with death sentences, including the
training required by §19.2.163.8(A)(vii) of the Code of Virginia of 1950, as amended;
2. Have served as counsel in at least one capital habeas corpus proceeding in Virginia and/or federal courts
during the past three years; or
3. Have at least seven years civil trial and appellate litigation experience in the Courts of Record of the
Commonwealth and/or federal courts.
back to top
Pursuant to § 19.2-163.01, the Virginia Indigent Defense Commission (hereafter Indigent Defense Commission or Commission) is established. The Commission shall have the following powers and duties:
1. To publicize and enforce the qualification standards for attorneys seeking eligibility to serve as court-appointed counsel for indigent defendants pursuant to § 19.2-159.
2. To develop initial training courses for attorneys who wish to begin serving as court-appointed counsel, and to review and certify legal education courses that satisfy the continuing requirements for attorneys to maintain their eligibility for receiving court appointments.
3. To maintain a list of attorneys admitted to practice law in Virginia who are qualified to serve as court-appointed counsel for indigent defendants based upon the official standards and to disseminate the list by July 1 of each year and updates throughout the year to the Office of the Executive Secretary of the Supreme Court for distribution to the courts. In establishing and updating the list, the Commission shall consider all relevant factors, including but not limited to, the attorney's background, experience, and training and the Commission's assessment of whether the attorney is competent to provide quality legal representation.
Felony trial counsel must satisfy the following requirements:
To initially qualify to serve as counsel appointed pursuant to § 19.2-159 for an indigent defendant charged with a
felony, the attorney shall (i) be a member in good standing of the Virginia State Bar, (ii) have completed the six hours
of MCLE-approved continuing legal education developed by the Commission, and (iii) certify that he has participated
as either lead counsel or co-counsel in four felony cases, originating in district court, from their beginning through to
their final resolution, including appeals, if any. If the attorney has been an active member of the Virginia State
Bar for more than one year and certifies that he has participated, within the past year, as lead counsel in four felony
cases, originating in district court, through to their final resolution, including appeals, if any, the requirement to
complete six hours of continuing legal education and the requirement to participate as co-counsel shall be waived. If
the attorney has been an active member of the Virginia State Bar for more than one year and certifies that he has
participated, within the past five years, as lead counsel in five felony cases, originating in district court, through to
their final resolution, including appeals, if any, the requirement to participate as either lead counsel or co-counsel in
four felony cases within the past year shall be waived.
After initially qualifying, an attorney shall maintain his eligibility for certification by completing biennially thereafter six
hours of MCLE-approved continuing legal education, certified by the Commission. In addition, to maintain eligibility to
accept court appointments under subdivision B 2 of § 16.1-266, an attorney shall complete biannually thereafter four
additional hours of MCLE-approved continuing legal education on representing juveniles, certified by the
Commission.
The Commission may, in its discretion, waive the requirements set out in this section for individuals, who otherwise
demonstrate their level of training and experience. (2004, cc.884,921.)
back to top
Juvenile trial counsel must satisfy the following requirements:
To initially qualify to serve as appointed counsel in a juvenile and domestic relations district court pursuant to subdivision B 2 of § 16.1-266, the attorney shall (i) be a member in good standing of the Virginia State Bar, (ii) have completed the six hours of MCLE-approved continuing legal education developed by the Commission, (iii) have completed four additional hours of MCLE-approved continuing legal education on representing juveniles developed by the Commission, and (iv) certify that he has participated as either lead counsel or co-counsel in cases involving juveniles in a juvenile and domestic relations district court. If the attorney has been an active member of the Virginia State Bar for more than one year and certifies that he has, within the past year, been lead counsel in four cases involving juveniles in juvenile and domestic relations court, the requirement to complete the 10 hours of continuing legal education shall be waived. If the attorney has been an active member of the Virginia State Bar for more than one year and certifies that he has participated, within the past five years in five cases involving juveniles in a juvenile and domestic relations district court, the requirement to participate as either lead counsel or co-counsel in four juvenile cases shall be waived.
After initially qualifying, an attorney shall maintain his eligibility for certification by completing biennially thereafter six hours of MCLE-approved continuing legal education, certified by the Commission. In addition, to maintain eligibility to accept court appointments under subdivision B 2 of § 16.1-266, an attorney shall complete biennially thereafter four additional hours of MCLE-approved continuing legal education on representing juveniles, certified by the Commission.
The Commission may, in its discretion, waive the requirements set out in this section for individuals, who otherwise demonstrate their level of training and experience. (2004, cc.884,921.)
back to top
Misdemeanor trial counsel must satisfy the following requirements:
In accordance with § 19.2-163.01, to initially qualify to serve as counsel appointed pursuant to § 19.2-159 for an indigent defendant charged with a misdemeanor, the attorney shall be a member in good standing of the Virginia State Bar, and (i) if an active member of the Virginia State Bar for less than one year, have completed six hours of MCLE-approved continuing legal education developed 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 education developed by the Commission, or certify to the Commission that he has represented, in a district court within the past year, four or more defendants charged with misdemeanors.
After initially qualifying, an attorney shall maintain his eligibility for certification by completing biennially thereafter six hours of MCLE-approved continuing legal education, certified by the Commission. In addition, to maintain eligibility to accept court appointments under subdivision B 2 of § 16.1-266, an attorney shall complete biennially thereafter four additional hours of MCLE-approved continuing legal education on representing juveniles, certified by the Commission.
The Commission may, in its discretion, waive the requirements set out in this section for individuals, who otherwise demonstrate their level of training and experience. (2004, cc.884,921.)
back to top