Current through Register Vol. 39, No. 6, September 16, 2024
Each applicant for certification as a specialist in
juvenile delinquency 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 juvenile delinquency law.
(1) Substantial involvement shall mean during
the five years immediately preceding the application, the applicant devoted an
average of at least 400 hours a year to the practice of juvenile delinquency
law, but not less than 100 hours in any one year. "Practice" shall mean
substantive legal work, specifically including representation of juveniles or
the state in juvenile delinquency court, done primarily for the purpose of
providing legal advice or representation, or a practice equivalent.
(2) "Practice equivalent" shall mean:
(A) Service for one year or more as a state
district court judge responsible for presiding over juvenile delinquency court
for 250 hours each year may be substituted for one year of experience to meet
the five-year requirement set forth in Rule .2508(b)(1) above;
(B) Service on or participation in the
activities of local, state, or national civic, professional or government
organizations that promote juvenile justice may be used to meet the requirement
set forth in Rule .2508(b)(1) but not to exceed 100 hours for any year during
the five years.
(C) Service as a
law professor in a juvenile delinquency legal clinic at an accredited law
school may be used to meet the requirement set forth in Rule
.2508(b)(1).
(D) The practice of
state criminal law may be used to meet the requirement set forth in Rule
.2508(b)(1) but not to exceed 100 hours for any year during the five years.
"Practice of state criminal law" shall mean substantive legal work representing
adults or the state in the state's criminal district and superior
courts.
(3) An applicant
shall also demonstrate substantial involvement during the five years prior to
application unless otherwise noted by providing information that demonstrates
the applicant's significant juvenile delinquency court experience such as:
(A) Representation of juveniles or the state
during the applicant's entire legal career in juvenile delinquency hearings
concluded by disposition;
(B)
Representation of juveniles or the state in juvenile delinquency felony
cases;
(C) Court appearances in
other substantive juvenile delinquency proceedings in juvenile court;
(D) Representation of juveniles or the state
through transfer to adult court; and
(E) Representation of juveniles or the state
in appeals of juvenile delinquency decisions.
(c) Continuing Legal Education - An applicant
must have earned no less than 40 hours of accredited continuing legal education
(CLE) credits in criminal and juvenile delinquency law during the three years
preceding application. Of the 40 hours of CLE, at least 12 hours shall be in
juvenile delinquency law, and the balance may be in the following related
fields: substantive criminal law, criminal procedure, trial advocacy, and
evidence.
(d) Peer Review -
(1) Each applicant for certification as a
specialist in juvenile delinquency 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 ten lawyers and judges who
practice in the field of juvenile delinquency law or criminal law or preside
over juvenile delinquency or criminal law proceedings and who are familiar with
the applicant's practice.
(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 - An applicant must pass a written examination designed to
demonstrate sufficient knowledge, skills, and proficiency in the field of
juvenile delinquency law to justify the representation of special competence to
the legal profession and the public.
(1) Terms
- The examination shall be given annually in written form and 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:
(A) North Carolina Rules of
Evidence;
(B) State criminal
substantive law;
(C) Constitutional
law as it relates to criminal procedure and juvenile delinquency law;
(D) State criminal procedure;
(E) North Carolina Juvenile Code, Subchapters
II and III, and related case law; and
(F) North Carolina caselaw as it relates to
juvenile delinquency law.
(3) Examination Components - An applicant for
certification in the subspecialty of juvenile delinquency law must pass part I
of the criminal law examination on general topics in criminal law and part IV
of the examination on juvenile delinquency law.
Authority
G.S.
84-23;
Eff. August 25,
2011;
Amended Eff. March 5,
2015.
