SB1189: Court-appointed counsel; qualification requirements.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-163.03 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-163.03. Qualifications for court-appointed counsel.
A. Initial qualification requirements. An attorney seeking to represent an indigent accused in a criminal case, in addition to being a member in good standing of the Virginia State Bar, shall meet the specific criteria required for each type or level of case. The following criteria shall be met for qualification and subsequent court appointment:
In accordance with § 19.2-163.01, to 1. Misdemeanor
case. 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, or
(iii) be qualified pursuant to this section to serve as counsel for an indigent defendant charged with a felony.
B2. Felony
case.
a. 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)(ii)
certify that he has participated as either lead counsel or cocounsel
co-counsel
in four felony cases, originating in
district court, from their beginning through to their final
resolution, including appeals, if any.
b. 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 cocounsel
co-counsel
shall be waived.
c. 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 cocounsel
co-counsel
in four felony cases within the past year shall be waived.
C3. Juvenile
and domestic relations case.
a. 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)(ii)
have completed four additional hours of MCLE-approved continuing legal
education on representing juveniles developed by the Commission, and (iv)(iii)
certify that he has participated as either lead counsel or cocounsel
co-counsel
in four cases involving juveniles in a juvenile and domestic
relations district court.
b. 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 district court, the requirement to complete the 10 hours of continuing legal education shall be waived.
c. 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 cocounsel
co-counsel
in four juvenile cases shall be waived.
DB. Requalification
requirements. After initially qualifying as provided in
subsection A, an attorney shall maintain his eligibility for
certification by completing biennially thereafter by notifying the Commission of completion of at least six hours of
Commission and MCLE-approved
continuing legal education, certified by the Commission .
The Commission shall provide information on continuing legal education programs
that have been approved.
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.
EC. Waiver
and exceptions. The Commission or the court before which a matter
is pending, may, in its discretion, waive the requirements set out in this
section for individuals who otherwise demonstrate their level of training and
experience. A waiver of such requirements pursuant to this subsection shall not
form the basis for a claim of error at trial, on appeal, or in any habeas
corpus proceeding.