Current through Register Vol. 39, No. 6, September 16, 2024
Each applicant for certification as a specialist in
criminal law or the subspecialty of state criminal law shall meet the minimum
standards set forth in Rule .1720 of this subchapter. In addition, each
applicant shall meet the following standards for certification:
(a) Licensure and Practice - An applicant
shall be licensed and in good standing to practice law in North Carolina as of
the date of the application. During the period of certification an applicant
shall continue to be licensed and in good standing to practice law in North
Carolina.
(b) Substantial
Involvement - An applicant shall affirm to the board that the applicant has
experience through substantial involvement in the practice of criminal law.
(1) Substantial involvement shall mean during
the five years immediately preceding the application, the applicant devoted an
average of at least 500 hours a year to the practice of criminal law, but not
less than 400 hours in any one year. "Practice" shall mean substantive legal
work, specifically including representation in criminal jury trials, done
primarily for the purpose of providing legal advice or representation, or a
practice equivalent.
(2) "Practice
equivalent" shall mean:
(A) Service as a law
professor concentrating in the teaching of criminal law for one year or more,
which may be substituted for one year of experience to meet the five-year
requirement set forth in Rule .2505(b)(1) above;
(B) Service as a federal, state or tribal
court judge for one year or more, which may be substituted for one year of
experience to meet the five-year requirement set forth in Rule .2505(b)(1)
above;
(3) For the
specialty of criminal law and the subspecialty of state criminal law, the board
shall require an applicant to show substantial involvement by providing
information that demonstrates the applicant's significant criminal trial
experience such as:
(A) representation during
the applicant's entire legal career in criminal trials concluded by jury
verdict;
(B) representation as
principal counsel of record in federal felony cases or state felony cases
(Class G or higher);
(C) court
appearances in other substantive criminal proceedings in criminal courts of any
jurisdiction; and
(D)
representation in appeals of decisions to the North Carolina Court of Appeals,
the North Carolina Supreme Court, or any federal appellate court.
(c) Continuing Legal
Education
In the specialty of criminal law and the state criminal law
subspecialty, an applicant must have earned no less than 40 hours of accredited
continuing legal education credits in criminal law during the three years
preceding the application, which 40 hours must include the following:
(1) at least 34 hours in skills pertaining to
criminal law, such as evidence, substantive criminal law, criminal procedure,
criminal trial advocacy and criminal trial tactics;
(2) at least 6 hours in the area of ethics
and criminal law.
(d)
Peer Review
(1) Each applicant for
certification as a specialist in criminal law and the subspecialty of state
criminal law must make a satisfactory showing of qualification through peer
review.
(2) All references must be
licensed and in good standing to practice in North Carolina and must be
familiar with the competence and qualifications of the applicant in the
specialty field. The applicant consents to the confidential inquiry by the
board or the specialty committee of the submitted references and other persons
concerning the applicant's competence and qualifications.
(3) Written peer reference forms will be sent
by the board or the specialty committee to the references. Completed peer
reference forms must be received from at least five of the references. The
board or the specialty committee may contact in person or by telephone any
reference listed by an applicant.
(4) Each applicant must provide for reference
and independent inquiry the names and addresses of the following:
(i) ten lawyers and judges who practice in
the field of criminal law and who are familiar with the applicant's practice,
and
(ii) opposing counsel and the
judge in eight recent cases tried by the applicant to verdict or entry of
order.
(5) A reference
may not be related by blood or marriage to the applicant nor may the reference
be a partner or associate of the applicant at the time of the
application.
(e)
Examination - The applicant must pass a written examination designed to test
the applicant's knowledge and ability.
(1)
Terms - The examination(s) shall be in written form and shall be given at such
times as the board deems appropriate. The examination(s) shall be administered
and graded uniformly by the specialty committee.
(2) Subject Matter - The examination shall
cover the applicant's knowledge in the following topics in criminal law, and/or
in the subspecialty of state criminal law, as the applicant has elected:
(A) the North Carolina and Federal Rules of
Evidence;
(B) state and federal
criminal procedure and state and federal laws affecting criminal
procedure;
(C) constitutional
law;
(D) appellate procedure and
tactics;
(E) trial procedure and
trial tactics;
(F) criminal
substantive law;
(3)
Required Examination Components.
(A) Criminal
Law Specialty.
An applicant for certification in the specialty of criminal
law must pass part I of the examination on general topics in criminal law and
part II of the examination (federal and state criminal law).
(B) State Criminal Law Subspecialty.
An applicant for certification in the subspecialty of state
criminal law must pass part I of the examination on general topics in criminal
law and part III of the examination on state criminal law.
Authority
G.S.
84-23;
Readopted Eff. December 8,
1994;
Amendments Approved by the Supreme Court: March 16, 2017;
October 2, 2014; March 8, 2013; August 23, 2007; October 6, 2004; February 5,
2004.
