SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
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.
B 2. 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.
C 3. 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.
D B. 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.
E C. 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.