                                 CODE OF VIRGINIA

QUALIFICATIONS FOR COURT-APPOINTED COUNSEL (§ 19.2-163.03)

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:

   1. Misdemeanor case. To initially qualify to serve as counsel appointed
   pursuant to &#xA7; 19.2-159 for an indigent defendant charged with a
   misdemeanor, the attorney shall:
   				a. 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
   &#xA7; 37.2-100;
   				b. 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 &#xA7; 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
   				c. Be qualified pursuant to this section to serve as counsel for an
   indigent defendant charged with a felony.

   2. Felony case.
   				a. To initially qualify to serve as counsel appointed pursuant to &#xA7;
   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 &#xA7; 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.
   				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 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.
   				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 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. 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 C 2 of &#xA7;
   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 &#xA7; 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.
   				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 12 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 co-counsel in four juvenile cases shall be waived.

B. 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 &#xA7; 37.2-100. 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 C 2 of &#xA7; 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. 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.

HISTORY: 2004, cc. 884, 921; 2006, c. 708; 2007, c. 571; 2021, Sp. Sess. I, cc.
523, 540.