{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-163.03.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-163.03.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-163.03.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-163.03.html"}],"law_id":57544,"edition_id":1,"section_id":57544,"structure_id":15103,"section_number":"19.2-163.03","catch_line":"Qualifications for court-appointed counsel","history":"2004, cc. 884, 921; 2006, c. 708; 2007, c. 571; 2021, Sp. Sess. I, cc. 523, 540.","full_text":"A\n\nInitial 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:1\n\nMisdemeanor 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:\n\t\t\t\ta. If an active member of the Virginia State Bar for less than one year, have completed eight hours of MCLE-approved continuing legal education developed by the Indigent Defense Commission, two of which shall cover the representation of individuals with behavioral or mental health issues and individuals with intellectual or developmental disabilities as defined in § 37.2-100;\n\t\t\t\tb. If an active member of the Virginia State Bar for one year or more, either complete the eight hours of approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100, 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\n\t\t\t\tc. Be qualified pursuant to this section to serve as counsel for an indigent defendant charged with a felony.2\n\nFelony case.\n\t\t\t\ta. 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) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100, and (ii) certify that he has participated as either lead counsel or co-counsel in four felony cases from their beginning through to their final resolution, including appeals, if any.\n\t\t\t\tb. 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 through to their final resolution, including appeals, if any, the requirement to complete eight hours of continuing legal education and the requirement to participate as co-counsel shall be waived.\n\t\t\t\tc. 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 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.3\n\nJuvenile and domestic relations case.\n\t\t\t\ta. To initially qualify to serve as appointed counsel in a juvenile and domestic relations district court pursuant to subdivision C 2 of § 16.1-266, the attorney shall (i) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100, (ii) have completed four additional hours of MCLE-approved continuing legal education on representing juveniles developed by the Commission, and (iii) certify that he has participated as either lead counsel or co-counsel in four cases involving juveniles in a juvenile and domestic relations district court.\n\t\t\t\tb. 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 12 hours of continuing legal education shall be waived.\n\t\t\t\tc. 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.B\n\nRequalification requirements. After initially qualifying as provided in subsection A, an attorney shall maintain his eligibility for certification biennially by notifying the Commission of completion of at least eight hours of Commission and MCLE-approved continuing legal education, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100. The Commission shall provide information on continuing legal education programs that have been approved.\n\t\t\tIn addition, to maintain eligibility to accept court appointments under subdivision C 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.C\n\nWaiver 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.","order_by":null,"text":{"0":{"id":210828,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":210829,"text":"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:\n\t\t\t\ta. If an active member of the Virginia State Bar for less than one year, have completed eight hours of MCLE-approved continuing legal education developed by the Indigent Defense Commission, two of which shall cover the representation of individuals with behavioral or mental health issues and individuals with intellectual or developmental disabilities as defined in § 37.2-100;\n\t\t\t\tb. If an active member of the Virginia State Bar for one year or more, either complete the eight hours of approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100, 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\n\t\t\t\tc. Be qualified pursuant to this section to serve as counsel for an indigent defendant charged with a felony.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":210830,"text":"Felony case.\n\t\t\t\ta. 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) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100, and (ii) certify that he has participated as either lead counsel or co-counsel in four felony cases from their beginning through to their final resolution, including appeals, if any.\n\t\t\t\tb. 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 through to their final resolution, including appeals, if any, the requirement to complete eight hours of continuing legal education and the requirement to participate as co-counsel shall be waived.\n\t\t\t\tc. 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 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.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":210831,"text":"Juvenile and domestic relations case.\n\t\t\t\ta. To initially qualify to serve as appointed counsel in a juvenile and domestic relations district court pursuant to subdivision C 2 of § 16.1-266, the attorney shall (i) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100, (ii) have completed four additional hours of MCLE-approved continuing legal education on representing juveniles developed by the Commission, and (iii) certify that he has participated as either lead counsel or co-counsel in four cases involving juveniles in a juvenile and domestic relations district court.\n\t\t\t\tb. 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 12 hours of continuing legal education shall be waived.\n\t\t\t\tc. 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.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":210832,"text":"Requalification requirements. After initially qualifying as provided in subsection A, an attorney shall maintain his eligibility for certification biennially by notifying the Commission of completion of at least eight hours of Commission and MCLE-approved continuing legal education, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100. The Commission shall provide information on continuing legal education programs that have been approved.\n\t\t\tIn addition, to maintain eligibility to accept court appointments under subdivision C 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":210833,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15103,"edition_id":1,"name":"Indigent Defense","identifier":"3.1","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:52:10","date_modified":"2026-06-26 03:52:10","permalink":{"id":168379,"object_type":"structure","relational_id":15103,"identifier":"3.1","token":"19.2\/10\/3.1","url":"\/19.2\/10\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63945,"structure_id":15103,"section_number":"19.2-163.01","catch_line":"Virginia Indigent Defense Commission established; powers and duties","url":"\/19.2-163.01\/","token":"19.2\/10\/3.1\/19.2-163.01","metadata":false},{"id":76496,"structure_id":15103,"section_number":"19.2-163.01:1","catch_line":"Supplementing compensation of public defender","url":"\/19.2-163.01_1\/","token":"19.2\/10\/3.1\/19.2-163.01_1","metadata":false},{"id":65574,"structure_id":15103,"section_number":"19.2-163.02","catch_line":"Membership of Indigent Defense Commission; expenses","url":"\/19.2-163.02\/","token":"19.2\/10\/3.1\/19.2-163.02","metadata":false},{"id":57544,"structure_id":15103,"section_number":"19.2-163.03","catch_line":"Qualifications for court-appointed counsel","url":"\/19.2-163.03\/","token":"19.2\/10\/3.1\/19.2-163.03","metadata":false},{"id":80364,"structure_id":15103,"section_number":"19.2-163.04","catch_line":"Public defender offices","url":"\/19.2-163.04\/","token":"19.2\/10\/3.1\/19.2-163.04","metadata":false}],"previous_section":{"id":65574,"structure_id":15103,"section_number":"19.2-163.02","catch_line":"Membership of Indigent Defense Commission; expenses","url":"\/19.2-163.02\/","token":"19.2\/10\/3.1\/19.2-163.02","metadata":false},"next_section":{"id":80364,"structure_id":15103,"section_number":"19.2-163.04","catch_line":"Public defender offices","url":"\/19.2-163.04\/","token":"19.2\/10\/3.1\/19.2-163.04","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-163.03\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 884<\/a> and 921<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2006, chapter 708<\/a>; in 2007, chapter 571<\/a>.<\/p>","references":false,"refers_to":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"}],"permalink":{"id":168393,"object_type":"law","relational_id":57544,"identifier":"19.2-163.03","token":"19.2\/10\/3.1\/19.2-163.03","url":"\/19.2-163.03\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-163.03\/","token":"19.2\/10\/3.1\/19.2-163.03","dublin_core":{"Title":"Qualifications for court-appointed counsel","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-163.03","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Initial qualification requirements. An attorney seeking to represent an indigent<\/span> accused<\/span> 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<\/span> appointment: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Misdemeanor<\/span> case. To initially qualify to serve as counsel<\/span> appointed pursuant to § 19.2-159<\/a> for an indigent<\/span> defendant<\/span> charged with a misdemeanor<\/span>, the attorney shall:\n\t\t\t\ta. If an active member of the Virginia State Bar for less than one year, have completed eight hours of MCLE-approved continuing legal education developed by the Indigent<\/span> Defense Commission, two of which shall cover the representation of individuals with behavioral or mental health issues<\/span> and individuals with intellectual or developmental disabilities as defined in § 37.2-100<\/a>;\n\t\t\t\tb. If an active member of the Virginia State Bar for one year or more, either complete the eight hours of approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100<\/a>, or certify to the Commission that he has represented, in a district court<\/span> within the past year, four or more defendants<\/span> charged with misdemeanors<\/span>; or\n\t\t\t\tc. Be qualified pursuant to this section to serve as counsel<\/span> for an indigent<\/span> defendant<\/span> charged with a felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Felony<\/span> case.\n\t\t\t\ta. To initially qualify to serve as counsel<\/span> appointed pursuant to § 19.2-159<\/a> for an indigent<\/span> defendant<\/span> charged with a felony<\/span>, the attorney shall (i) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100<\/a>, and (ii) certify that he has participated as either lead counsel<\/span> or co-counsel<\/span> in four felony<\/span> cases from their beginning through to their final resolution, including appeals<\/span>, if any.\n\t\t\t\tb. 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<\/span> in four felony<\/span> cases through to their final resolution, including appeals<\/span>, if any, the requirement to complete eight hours of continuing legal education and the requirement to participate as co-counsel<\/span> shall be waived.\n\t\t\t\tc. 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<\/span> in five felony<\/span> cases through to their final resolution, including appeals<\/span>, if any, the requirement to participate as either lead counsel<\/span> or co-counsel<\/span> in four felony<\/span> cases within the past year shall be waived. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Juvenile and domestic relations case.\n\t\t\t\ta. To initially qualify to serve as appointed counsel<\/span> in a juvenile and domestic relations district court<\/span> pursuant to subdivision C 2 of § 16.1-266<\/a>, the attorney shall (i) have completed the eight hours of MCLE-approved continuing legal education developed by the Commission, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100<\/a>, (ii) have completed four additional hours of MCLE-approved continuing legal education on representing juveniles developed by the Commission, and (iii) certify that he has participated as either lead counsel<\/span> or co-counsel<\/span> in four cases involving juveniles in a juvenile and domestic relations district court<\/span>.\n\t\t\t\tb. 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<\/span> in four cases involving juveniles in juvenile and domestic relations district court<\/span>, the requirement to complete the 12 hours of continuing legal education shall be waived.\n\t\t\t\tc. 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<\/span>, the requirement to participate as either lead counsel<\/span> or co-counsel<\/span> in four juvenile cases shall be waived. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Requalification requirements. After initially qualifying as provided in subsection A, an attorney shall maintain his eligibility for certification biennially by notifying the Commission of completion of at least eight hours of Commission and MCLE-approved continuing legal education, two of which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities as defined in § 37.2-100<\/a>. The Commission shall provide information on continuing legal education programs that have been approved.\n\t\t\tIn addition, to maintain eligibility to accept court<\/span> appointments under subdivision C 2 of § 16.1-266<\/a>, an attorney shall complete biennially thereafter four additional hours of MCLE-approved continuing legal education on representing juveniles, certified by the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Waiver<\/span> and exceptions. The Commission or the court<\/span> before which a matter is pending, may, in its discretion, waive<\/span> the requirements set out in this section for individuals who otherwise demonstrate their level of training and experience. A waiver<\/span> of such requirements pursuant to this subsection shall not form the basis for a claim of error at trial<\/span>, on appeal<\/span>, or in any habeas corpus<\/span> proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nQUALIFICATIONS FOR COURT-APPOINTED COUNSEL (\u00a7 19.2-163.03)\n\nA. Initial qualification requirements. An attorney seeking to represent an\nindigent accused in a criminal case, in addition to being a member in good\nstanding of the Virginia State Bar, shall meet the specific criteria required\nfor each type or level of case. The following criteria shall be met for\nqualification and subsequent court appointment:\n\n 1. Misdemeanor case. To initially qualify to serve as counsel appointed\n pursuant to § 19.2-159 for an indigent defendant charged with a\n misdemeanor, the attorney shall:\n \t\t\t\ta. If an active member of the Virginia State Bar for less than one year,\n have completed eight hours of MCLE-approved continuing legal education\n developed by the Indigent Defense Commission, two of which shall cover the\n representation of individuals with behavioral or mental health issues and\n individuals with intellectual or developmental disabilities as defined in\n § 37.2-100;\n \t\t\t\tb. If an active member of the Virginia State Bar for one year or more,\n either complete the eight hours of approved continuing legal education\n developed by the Commission, two of which shall cover the representation of\n individuals with behavioral or mental health disorders and individuals with\n intellectual or developmental disabilities as defined in § 37.2-100, or\n certify to the Commission that he has represented, in a district court within\n the past year, four or more defendants charged with misdemeanors; or\n \t\t\t\tc. Be qualified pursuant to this section to serve as counsel for an\n indigent defendant charged with a felony.\n\n 2. Felony case.\n \t\t\t\ta. To initially qualify to serve as counsel appointed pursuant to §\n 19.2-159 for an indigent defendant charged with a felony, the attorney shall\n (i) have completed the eight hours of MCLE-approved continuing legal education\n developed by the Commission, two of which shall cover the representation of\n individuals with behavioral or mental health disorders and individuals with\n intellectual or developmental disabilities as defined in § 37.2-100, and\n (ii) certify that he has participated as either lead counsel or co-counsel in\n four felony cases from their beginning through to their final resolution,\n including appeals, if any.\n \t\t\t\tb. If the attorney has been an active member of the Virginia State Bar for\n more than one year and certifies that he has participated, within the past\n year, as lead counsel in four felony cases through to their final resolution,\n including appeals, if any, the requirement to complete eight hours of\n continuing legal education and the requirement to participate as co-counsel\n shall be waived.\n \t\t\t\tc. If the attorney has been an active member of the Virginia State Bar for\n more than one year and certifies that he has participated, within the past\n five years, as lead counsel in five felony cases through to their final\n resolution, including appeals, if any, the requirement to participate as\n either lead counsel or co-counsel in four felony cases within the past year\n shall be waived.\n\n 3. Juvenile and domestic relations case.\n \t\t\t\ta. To initially qualify to serve as appointed counsel in a juvenile and\n domestic relations district court pursuant to subdivision C 2 of §\n 16.1-266, the attorney shall (i) have completed the eight hours of\n MCLE-approved continuing legal education developed by the Commission, two of\n which shall cover the representation of individuals with behavioral or mental\n health disorders and individuals with intellectual or developmental\n disabilities as defined in § 37.2-100, (ii) have completed four\n additional hours of MCLE-approved continuing legal education on representing\n juveniles developed by the Commission, and (iii) certify that he has\n participated as either lead counsel or co-counsel in four cases involving\n juveniles in a juvenile and domestic relations district court.\n \t\t\t\tb. If the attorney has been an active member of the Virginia State Bar for\n more than one year and certifies that he has, within the past year, been lead\n counsel in four cases involving juveniles in juvenile and domestic relations\n district court, the requirement to complete the 12 hours of continuing legal\n education shall be waived.\n \t\t\t\tc. If the attorney has been an active member of the Virginia State Bar for\n more than one year and certifies that he has participated, within the past\n five years in five cases involving juveniles in a juvenile and domestic\n relations district court, the requirement to participate as either lead\n counsel or co-counsel in four juvenile cases shall be waived.\n\nB. Requalification requirements. After initially qualifying as provided in\nsubsection A, an attorney shall maintain his eligibility for certification\nbiennially by notifying the Commission of completion of at least eight hours of\nCommission and MCLE-approved continuing legal education, two of which shall\ncover the representation of individuals with behavioral or mental health\ndisorders and individuals with intellectual or developmental disabilities as\ndefined in § 37.2-100. The Commission shall provide information on\ncontinuing legal education programs that have been approved.\n\t\t\tIn addition, to maintain eligibility to accept court appointments under\nsubdivision C 2 of § 16.1-266, an attorney shall complete biennially\nthereafter four additional hours of MCLE-approved continuing legal education on\nrepresenting juveniles, certified by the Commission.\n\nC. Waiver and exceptions. The Commission or the court before which a matter is\npending, may, in its discretion, waive the requirements set out in this section\nfor individuals who otherwise demonstrate their level of training and\nexperience. A waiver of such requirements pursuant to this subsection shall not\nform the basis for a claim of error at trial, on appeal, or in any habeas corpus\nproceeding.\n\nHISTORY: 2004, cc. 884, 921; 2006, c. 708; 2007, c. 571; 2021, Sp. Sess. I, cc.\n523, 540.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}