Criminal law.

• Author: Neimand, Michael J.
• Position: Board certification

As a certified criminal appellate lawyer since 1993 and a member of the Criminal Law Certification Committee since 1996, I have been consistently asked about certification--the process, and the reasons to become certified. The purpose of this article is to dispel the confusion criminal lawyers have with certification and to encourage those of you who have the qualifications to apply.

In 1986, the court unanimously approved certification for criminal trial and criminal appellate law. (1) The minimum standards for criminal trial law included five years law practice, of which 40 percent had been spent in active criminal trial law; a minimum of 25 criminal trials, 20 of which were jury trials and 15 involving felonies; references from four lawyers and two judges; a minimum of 30 hours of continuing legal education in criminal law; and passing an exam. (2) The minimum standards for criminal appellate law included five years law practice, of which 40 percent had been spent in active criminal appellate law; a minimum of 25 appellate actions; references from four lawyers and two judges; a minimum of 30 hours of continuing legal education in criminal law; and passing an exam. (3)

By 1989, Criminal Law Certification was well on its way, so much so that designation in criminal law was abolished. (4) At that time 189 attorneys were designated in criminal law; 87 in criminal trial law and five in criminal appellate law. Today criminal law is the third largest certification area with 377 attorneys certified; 319 in criminal trial law and 58 in criminal appellate law.

Although being third out of 19 certification areas is an achievement, considering the size of the criminal bar we can and must increase our numbers. Many criminal lawyers have found the process daunting. I will attempt to ease those trepidations.

The first step in becoming certified in criminal law is yours. Once you have filed your application, the Criminal Law Certification Committee evaluates your qualifications under the standards set by the Supreme Court.

The process of evaluating each applicant is time-consuming and recommendations are usually ready for final consideration by the BLSE in March. Initially, each application is reviewed to determine if the applicant meets the minimum standards. The committee then reviews the peer references, an essential element of the program because the committee is charged with recommending applicants who are highly competent and who also demonstrate...