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Standard Fourteen: Qualifications of Attorneys

National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973, Standard 13.15:

Effective implementation of an assigned counsel system requires an up-to-date list of qualified attorneys who are willing to accept appointments. Because of the public defender's extensive involvement in the area, his office is the most appropriate agency to maintain such a list. Compiling and maintaining the list should involve more than the mechanical task of putting together names. Minimum experience in criminal litigation should be required, and the attorneys on the list might appropriately be categorized according to their level of experience.

National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal Defense Contracts, 1983 Draft, Standard III-6, Minimum Professional Qualifications:

The contract should specify minimum qualifications for staff lawyers. These qualifications should be developed by the Advisory Board which screens contract applications. If defense services are to be provided in more than one category of cases, the contract may specify different minimum qualifications for each category of cases for which the Contractor will provide services.

Seattle-King County Bar Association, Guidelines for Accreditation of Defender Agencies, 1982, Guideline Number 2:

Minimum qualifications for staff lawyers. Every agency attorney shall meet the following minimum requirements:
1. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and
2. Completion of seven hours of continued legal education within each calendar year in courses relating to criminal law practice; and
3. Orientation to and on-the-job training within the agency court system(s) in which the attorney works. See Guideline 3.
Qualifications according to severity or type of case.
1. Adult felony cases - Class A. Each staff attorney representing a defendant accused of a Class A felony as defined in RCW 9A.20.020 shall meet the following requirements:
  1. Minimum requirements set forth in Section 1, and
  2. Either:
    1. has served two years as a prosecutor; or
    2. has served two years a public defender; or
    3. has been trial counsel alone or with other trial counsel and handled a significant portion of the trial in five felony cases that have been submitted to a jury.
2. Adult felony cases - Classes B and C: Probation or Parole Revocation. Each staff attorney representing a defendant accused of a Class B or C felony, as defined in RCW 9A.20.020, or involved in a probation or parole revocation hearing shall meet the following requirements:
  1. Minimum requirements set forth in Section 2, and
  2. Either:
    1. has served one year as a prosecutor, or
    2. has served one year as a public defender, or
    3. has been trial counsel alone of record in five misdemeanor cases brought to final resolution, or
    4. has been trial counsel alone or of record with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury, and
    5. Each staff attorney shall be accompanied at his or her first felony trial by a supervisor. (See Guideline 4 "Supervising Lawyers").
3. Juvenile Cases (all classes). Each staff attorney representing a juvenile in any case shall meet the following requirements:
  1. Minimum requirements set forth in Section 1, and
  2. Either:
    1. has served one year as a prosecutor, or
    2. has served one year as a public defender, or
    3. has been trial counsel alone of record in five misdemeanor cases brought to final resolution, and
    4. Each staff attorney shall be accompanied at his or her first juvenile trial by a supervisor.

National Legal Aid and Defender Association, Standards for the Appointment and Performance of Counsel in Death Penalty Cases, 1987, Standard 5.1, Attorney Eligibility:

TRIAL
1. Lead trial counsel assignments should be distributed to attorneys who:
  1. are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and
  2. are experienced and active trial practitioners with at least five years litigation experience in the field of criminal defense; and
  3. have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead counsel or co-counsel in at least one case in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder or aggravated murder; or alternatively, of the nine jury trials, at least one was a murder or aggravated murder trial and an additional five were felony jury trials; and
  4. are familiar with the practice and procedure of the criminal courts of the jurisdiction; and
  5. are familiar with and experienced in the utilization of expert witnesses and evidence, including, but not limited to, psychiatric and forensic evidence; and
  6. have attended and successfully completed, within one year of their appointment, a training or educational program on criminal advocacy which focused on the trial of cases in which the death penalty is sought; and
  7. have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.
2. Trial co-counsel assignments should be distributed to attorneys who:
  1. are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and
  2. who qualify as lead counsel under paragraph (A) of this standard or meet the following requirements:
    1. are experienced and active trial practitioners with at least three years litigation experience in the field of criminal defense; and
    2. have prior experience as lead counsel or co-counsel in no fewer than three jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder or aggravated murder; or alternatively, of the three jury trials, at least one was a murder or aggravated murder trial and one was a felony jury trial; and
    3. are familiar with the practice and procedure of the criminal courts of the jurisdiction; and
    4. have completed within one year of their appointment at least one training or educational program on criminal advocacy which focused on the trial of cases in which the death penalty is sought; and
    5. have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.

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Standard Fourteen: Qualifications of Attorneys