§ Rule 6-8.6 Criminal Appellate Recertification

Codes > Florida Statutes > Rules Regulating > Chapter 6 : 6-8 Standards > Rule 6-8.6

Rule 6-8.6. Criminal Appellate Recertification

    During the 5-year period immediately preceding application, an applicant shall satisfy the following requirements for
recertification:

    (a) Substantial Involvement. The applicant shall demonstrate substantial involvement in the practice of law, of which at least 30 percent must have been spent in active participation in criminal appellate law. Substantial involvement includes brief writing, motion practice, oral arguments, and extraordinary writs sufficient to demonstrate special competence as a criminal appellate lawyer.

    (b) Appellate Actions. Either as an advocate or as a judge, an applicant shall have completed at least 10 criminal appellate actions. On good cause shown, for satisfaction in part of the 10 appellate actions, the criminal law certification committee may consider involvement in protracted litigation as defined in subdivision 6-8.2(e). If any of the applicant's criminal appellate actions occurred when the applicant was a judicial clerk/staff attorney and the rules of court prevent the applicant from enumerating those appellate actions, then the applicant shall obtain, from the applicant's judge, a letter stating the number of criminal appellate actions in which the applicant participated while employed by the judge.

    (c) Education. The applicant shall demonstrate completion of at least 50 credit hours of approved continuing legal education for criminal appellate law certification, in accordance with rule 6-8.5(c).

    (d) Peer Review.

        (1) The applicant shall submit the names and addresses of at least 4 lawyers, who are neither relatives nor current associates or partners, as references, to attest to the applicant's substantial involvement and competence in criminal appellate practice, as well as the applicant's character, ethics, and reputation for professionalism. Such lawyers shall be substantially involved in criminal appellate law and familiar with the applicant's practice

        (2) The applicant shall submit the names and addresses of at least 2 judges before whom the applicant has appeared on criminal appellate matters within the last 2 years, to attest to the applicant's substantial involvement and competence in criminal appellate practice, as well as the applicant's character, ethics, and reputation for professionalism.

        (3) Peer review received on behalf of the applicant shall be sufficient to demonstrate the applicant's competence in criminal appellate law, character, ethics, and professionalism. The criminal law certification committee may, at its option, send reference forms to other attorneys and judges.

    (e) Waiver of Compliance.

    On special application, for good cause shown, the criminal law certification committee may waive compliance with the appellate action criteria for an applicant who has been continuously certified as a criminal appellate lawyer for a period of 14 years or more, provided the applicant:

        (1) satisfies the peer review and education required in subdivisions (c) and (d) of this rule; and,

        (2) demonstrates substantial involvement in criminal appellate law defined, for purposes of this subdivision, as active participation in the appellate process, including the investigation and evaluation of criminal appeals, and the review of strategy and tactics for appeals. The applicant shall describe the extent of substantial involvement, including briefs written and oral arguments attended, since the last date of recertification.