§ Rule 6-8.4 Criminal Trial Recertification
Rule 6-8.4. Criminal Trial Recertification
During the 5-year period immediately preceding application, an applicant shall satisfy the following requirements for
recertification:
(a) Substantial Involvement. The applicant shall demonstrate substantial involvement in the practice of law, of which at least 30 percent must have been spent in active participation in criminal trial law. Substantial involvement includes investigation, evaluation, pleading, discovery, taking of testimony, presentation of evidence, and argument of jury or non-jury cases.
(b) Criminal Trials.
Either as an advocate or as a judge, an applicant shall have completed the trial of a minimum of 5 criminal cases. Of these 5 cases, at least 4 shall have been jury trials and at least 3 shall have involved felony charges. On good cause shown, for satisfaction in part of the 5 criminal trials, the criminal law certification committee may consider, in its discretion, involvement in protracted litigation as defined in rule 6-8.3(a)(2)(e) or other such criteria as the committee may deem appropriate. The proceedings that may serve as a trial for recertification purposes include, but are not limited to cases where the:
(1) result is “dismissal of charges” by the court upon a motion for judgment of acquittal at the close of the prosecution's case or thereafter;
(2) result is a “mistrial” or “plea.” The case may be counted as a trial at the discretion of the committee provided the applicant offers sufficient information demonstrating substantial courtroom activity;
(3) case is a “violation of probation” or a proceeding involving post-conviction relief. The case may be counted as the 1 non-jury trial of the 5 trials for recertification if the applicant offers sufficient information demonstrating substantial courtroom activity;
(4) case is a “court martial” before a judge; however, discharge boards shall be considered non-jury;
(c) Education. The applicant shall demonstrate completion of at least 50 credit hours of approved continuing legal education for criminal trial law certification, in accordance with rule 6-8.3(c).
(d) Peer Review.
(1) The applicant shall submit the names and addresses of at least 4 lawyers, who are neither relatives nor current associates or partners, as references, to attest to the applicant's substantial involvement and competence in criminal trial practice, as well as the applicant's character, ethics, and reputation for professionalism. Such lawyers shall be substantially involved in criminal trial law and familiar with the applicant's practice.
(2) The applicant shall submit the names and addresses of at least 2 judges before whom the applicant has appeared on criminal trial matters within the last 2 years, or before whom the applicant has tried a criminal trial to jury verdict, to attest to the applicant's substantial involvement and competence in criminal trial practice, as well as the applicant's character, ethics, and reputation for professionalism.
(3) Peer review received on behalf of the applicant shall be sufficient to demonstrate the applicant's competence in criminal appellate law, character, ethics, and professionalism. The criminal law certification committee may, at its option, send reference forms to other attorneys and judges.
(e) Waiver of Compliance. On special application, for good cause shown, the criminal law certification committee may waive compliance with the trial criteria for an applicant who has been continuously certified as a criminal trial lawyer for a period of 14 years or more, provided the applicant:
(1) satisfies the peer review and education required in subdivisions (c) and (d) of this rule; and,
(2) demonstrates substantial involvement in criminal trial law defined, for purposes of this subdivision, as active participation in the litigation process, including the investigation and evaluation of criminal charges, involvement in pretrial processes such as discovery and motion practice, and the review of strategy and tactics for trial. The applicant shall describe the extent of substantial involvement, including courtroom and trial experience, since the last date of recertification.