Standard:

1. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services should meet the following minimum professional qualifications:
   1. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and
      
   2. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice.
      
2. Trial attorneys' qualifications according to severity or type of case:
   1. Death Penalty Representation. Each attorney acting as lead counsel in a death penalty case shall meet the following requirements:
      1. The minimum requirements set forth in Section 1; and
      2. at least five years criminal trial experience; 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; and
      4. have served as lead or co-counsel in at least one jury trial in which the death penalty was sought; and
      5. have completed at least one death penalty defense seminar within the previous two years.
   2. 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 as 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.
   3. Adult Felony Cases - Class B Violent Offense or Sexual Offense. Each attorney representing a defendant accused of a Class B violent offense or sexual offense 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 one year as prosecutor; or
         2. has served one year as public defender; and
         3. has been trial counsel alone or with other counsel and handled a significant portion of the trial in two Class C felony cases that have been submitted to a jury.
   4. Adult Felony Cases - All other Class B Felonies, Class C Felonies, Probation or Parole Revocation. Each staff attorney representing a defendant accused of a Class B felony not defined in c above or a Class 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 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 or with other trial counsel and handled a significant portion of the trial in two criminal cases that have been submitted to a jury; and
      3. Each attorney shall be accompanied at his or her first felony trial by a supervisor.
   5. Juvenile Cases - Class A - Each attorney representing a juvenile accused of a Class A felony 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 juvenile Class B and C felony trials; and
      3. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor.
   6. Juvenile Cases - Classes B and C. Each attorney representing a juvenile accused of a Class B or C felony 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 in five misdemeanor cases brought to a final resolution; and
      3. Each attorney shall be accompanied at his or her first juvenile trial by a supervisor
   7. Misdemeanor Cases. Each attorney representing a defendant involved in a matter concerning a gross misdemeanor or condition of confinement, shall meet the requirements as outlined in Section 1.
   8. Dependency Cases. Each attorney representing a client in a dependency matter shall meet the following requirements:
      1. The minimum requirements as outlined in Section; and
      2. Attorneys handling termination hearings shall have six months dependency experience or have significant experience in handling complex litigation.
   9. Civil Commitment Cases. Each attorney representing a respondent shall meet the following requirements:
      1. Minimum requirements set forth in Section 1; and
      2. Each staff attorney shall be accompanied at his or her first 90 or 180 day commitment hearing by a supervisor; and
      3. Shall not represent a respondent in a 90 or 180 day commitment hearing unless he or she has either:
         1. served one year as a prosecutor, or
         2. served one year as a public defender, or
         3. been trial counsel in five civil commitment probable cause hearings.
   10. In order to advance from one qualification category to the next, an attorney must participate in a supervised trial of the next higher category.
3. Appellate Representation. Each attorney who is counsel for a case on appeal to the Washington Supreme Court or to the Washington Court of Appeals shall meet the following requirements:
   1. The minimum requirements as outlined in Section 1; and
   2. Either:
      1. has filed a brief with the Washington Supreme Court or any Washington Court of Appeals in at least one criminal case within the past two years; or
      2. has equivalent appellate experience, including filing appellate briefs in other jurisdictions, at least one year as an appellate court or federal court clerk, extensive trial level briefing or other comparable work.
      3. Attorneys with primary responsibility for handling a death penalty appeal shall have at least five years' criminal experience, preferably including at least one homicide trial and at least six appeals from felony convictions.
4. Legal Interns.
   1. Legal interns must meet the requirements set out in APR 9.
   2. Legal interns shall receive training pursuant to APR 9 and Standard Nine, Training.

Related Standards:

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

National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Public Defense Contracts, 1984, Standard III-7.

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

Commentary:

Effective representation can only be provided by attorneys experienced in the type of case in which they appear. The standard assigns the most difficult cases to those attorneys with the most experience and skill in trial advocacy while at the same time establishing the method for less experienced attorneys to become qualified for more serious cases.

Inexperienced attorneys cannot only deprive their clients of their right to effective counsel, they also create problems for the criminal justice system itself. Inexperienced attorneys are less able to effectively negotiate with prosecutors, thus lengthening the time needed to resolve pre-trial issues. They are less efficient in bringing cases to resolution and may burden the court with irrelevant issues.

The practice of criminal law has become highly specialized in recent years. Only attorneys who possess effective trial advocacy skills and have a thorough knowledge of substantive and procedural law can be expected to competently represent persons accused of crime. Less experienced attorneys benefit from training under the direction of more experienced attorneys, acquiring theoretical and practical knowledge before they assume sole responsibility for a criminal defense.