DEFINITIONS AND COMMITTEE

(a) Criminal Law. “Criminal law” is the practice of law dealing with the defense and prosecution of misdemeanor and felony crimes in state and federal trial and appellate courts.

(b) Criminal Law Certification Committee. At least 2 members of the criminal law certification committee must be certified in criminal appellate law. At least 5 members must be certified criminal trial law.

(c) Trials. A “trial” is substantially preparing a case for court, offering testimony or evidence, cross-examining a witness in an adversarial proceeding before a trier of fact, and submission of a case to the trier of fact for determination of the ultimate fact of guilt or innocence. Trials include the following.

(1) Jimmy Ryce Involuntary Civil Commitment Act of 1998 Trials. A trial conducted under the Jimmy Ryce Involuntary Civil Commitment Act of 1998 may be considered a trial for certification or recertification; however, only 60 percent of the total trial requirement for certification or recertification may be based on this type of case.

(2) Trials Resulting in a Dismissal of Charges. A case resulting in a dismissal of charges by the court on a motion for judgment of acquittal at or after the close of the prosecution's case may be considered a trial for certification and recertification.

(3) Trials Resulting in Mistrials or Pleas. A trial resulting in a mistrial or plea after the presentation of testimony or evidence or after cross examination of a witnesses in an adversarial proceeding before a trier of fact may be considered a trial for certification or recertification at the discretion of the criminal law certification committee if the applicant offers sufficient information demonstrating substantial courtroom activity.

(4) Violation of Probation, Suppression, and Competency Hearings. Violation of probation, suppression, and competency hearings may be considered a trial under the trial requirement for certification or recertification at the discretion of the criminal law certification committee if the applicant offers sufficient information demonstrating substantial courtroom activity. These hearings may not be used to meet the jury or felony trial requirements.

(5) Stand Your Ground Hearings. A stand your ground hearing may be considered a trial for initial certification or recertification at the discretion of the criminal law certification committee if the applicant offers sufficient information demonstrating substantial courtroom activity.

(6) Military Trials. A general court martial before a judge may be considered a felony jury trial for certification or recertification, but a discharge board may not be used to meet the jury trial requirement.

(7) Juvenile Delinquency Adjudicatory Hearings. A juvenile delinquency adjudicatory hearing under Florida statutes may be considered a trial for certification or recertification. These hearings may not be used to meet the jury trial requirement.

(8) Post-Conviction Relief. The filing of a motion for post-conviction relief or response and conducting an evidentiary hearing may be considered a jury trial for certification or recertification if the applicant demonstrates substantial courtroom activity. Only 30 percent of the total requirement for criminal trial certification may be used on actions involving post-conviction relief.

(d) Appellate Action. Appellate actions include the following.

(1) Appellate Jurisdiction Filings. The filing of an initial brief, answer brief, or reply brief in a Florida or federal court of appellate jurisdiction in a criminal matter is an appellate action. This includes direct defense and state appeals as well as appeals from orders denying or granting motions for post-conviction relief. The filing of both an initial and reply brief in the same case will count as 1 appellate action. No more than 10 percent of the total requirement for criminal appellate certification or recertification may be based on appellate actions involving the filing of only a reply brief or an initial brief filed under Anders v. California, 386 U.S. 738 (1967).

(2) Supreme Court of Florida Filings. The filing of a jurisdiction brief, initial brief, answer brief, or reply brief with the Supreme Court of Florida in capital cases brought under a petition for discretionary review of a district court of appeal is an appellate action.

(3) Extraordinary Writs. The filing of or responding to a petition for writ of mandamus, prohibition, quo warranto, certiorari, or any other extraordinary writ in a Florida or federal court of appellate jurisdiction is an appellate action.

(4) Jimmy Ryce Involuntary Civil Commitment Act of 1998 Trials. A trial conducted under the Jimmy Ryce Involuntary Civil Commitment Act of 1998 may be considered an appellate action for certification or recertification; however, only 60 percent of the total appellate action requirement for certification or recertification may be based on this type of case.

(5) Post-Conviction Relief. The filing of a motion for post-conviction relief or the filing of a response may be considered an appellate action for certification or recertification. Only 30 percent of the total requirement for criminal appellate certification may be used on actions involving post-conviction relief.

(6) Miscellaneous. Any other criminal appellate actions that the criminal law certification committee considers substantive is an appellate action.

(e) Protracted Litigation. “Protracted litigation” is litigation that proceeds on a long-term basis involving unusual and complicated legal or factual matters, extensive discovery, or court hearings or trial and is so time consuming it precludes the applicant from meeting the numerical trial or appellate requirement.