CRIMINAL TRIAL RECERTIFICATION

The applicant must satisfy the following requirements for recertification during the 5-year period immediately preceding the application date.

(a) Substantial Involvement. The applicant must 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. The applicant must have completed the trial of a minimum of 5 criminal cases as either an advocate or presiding judge. Of these 5 cases, at least 4 must have been jury trials and at least 3 must have involved felony charges. On good cause shown, for satisfaction in part of the 5 criminal trials, the criminal law certification committee may consider involvement in protracted litigation as defined elsewhere in this subchapter. 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 elsewhere in this subchapter. The proceedings that may serve as a trial for recertification purposes include, but are not limited to, the following.

(1) A case that results in a dismissal of charges by the court on a motion for judgment of acquittal after the close of the prosecution’s case is a trial for recertification purposes.

(2) A case that results in a mistrial or plea may be counted as a trial at the discretion of the committee if the applicant offers sufficient information demonstrating substantial courtroom activity.

(3) A violation of probation or post-conviction relief proceeding 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) A court martial before a judge may be counted as a trial, but discharge boards are considered non-jury.

(c) Education. The applicant must complete at least 50 credit hours of approved continuing legal education for criminal trial law certification.

(d) Peer Review.

(1) Lawyer References. The applicant must submit the names and addresses of at least 4 lawyers who are neither relatives nor current associates or partners to complete peer review forms. Such lawyers must be substantially involved in criminal trial law and familiar with the applicant’s practice.

(2) Judicial References. The applicant must submit the names and addresses of at least 2 judges before whom the applicant has appeared on criminal trial matters during the 2-year period immediately preceding the filing of the application or before whom the applicant has tried a criminal trial to jury verdict to complete peer review forms.

(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.