CRIMINAL APPELLATE; MINIMUM STANDARDS

(a) Substantial Involvement and Competence. The applicant must demonstrate substantial involvement and competence in criminal appellate law as described below to become certified as a criminal appellate lawyer.

(1) Appellate Action Requirement. The applicant must have acted as advocate or judge for at least 25 criminal appellate actions. The appellate action requirement may be satisfied by protracted litigation as defined elsewhere in these rules on good cause shown and at the criminal law certification committee’s discretion. The applicant must obtain a letter from the applicant’s supervising judge stating the number of appellate actions in which the applicant participated while employed by that judge if any of the applicant’s appellate actions occurred while the applicant was a judicial clerk or staff attorney and the rules of court prevent the applicant from enumerating those appellate actions.

(2) Appellate Pleadings. The applicant must submit 1 copy of the pleadings filed in 2 recent criminal appellate proceedings.

(3) Substantial Involvement. The applicant must have at least 5 years of the practice of law of which at least 30 percent has been spent in active participation in criminal appellate law. Three of the 5 years must be immediately preceding application as advocate or judge. Substantial involvement includes brief writing, motion practice, oral arguments, and extraordinary writs sufficient to demonstrate special competence as a criminal appellate lawyer. Service as a judge in criminal court substitutes for 2 of the 3 years of substantial involvement. In no event may the year immediately preceding application be waived.

(b) 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 shall be substantially involved in criminal appellate 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 appellate matters during the 2-year period immediately preceding the filing of the application to complete peer review forms.

(c) Education. The applicant must complete at least 45 hours of continuing legal education necessary for criminal appellate law certification during the 3-year-period immediately preceding the filing of an application as established by the board of legal specialization and education. Accreditation of educational hours is subject to policies established by the criminal law certification committee or the board of legal specialization and education.

(d) Examination. Every applicant must pass an examination designed to demonstrate sufficient knowledge, skills, proficiency, and experience in criminal appellate law, application of constitutional principles, and rules of criminal and appellate procedure to justify the representation of special competence to the legal profession and the public.