Frequently Asked Questions
Persons seeking to become eligible to accept court appointments must be attorneys in good standing with the Virginia State Bar (VSB) and complete the statutory requirements for eligibility. The requirements for eligibility are set forth in Virginia Code § 19.2-163.03. A list of the requirements and applications for certification can be found on the Commission’s website. Please see the Certification page.
After completing the initial requirements for certification and completing the application, counsel should forward the completed application to the address listed on the form. After verification that all criteria have been met, counsel will be added to the Commission’s Court Appointed Counsel List.
Under Virginia Code § 19.2-159, where the court must refer to the list of eligible attorneys to appoint counsel, such counsel “shall be selected by a fair system of rotation among members of the bar practicing before the court whose names are on the list maintained by the Indigent Defense Commission.” Because the selection system varies from court to court, counsel should contact the local clerk’s office to find out the criteria for getting on the court’s list of counsel eligible for court appointments.
All payment questions for court appointed cases should be directed to either the initial court where the voucher was submitted or to the Virginia Supreme Court. The VIDC has no involvement in the payment of court appointed counsel.
No. Once an attorney has been initially certified to accept court appointments, an attorney may maintain their eligibility by taking VIDC-approved MCLE courses. A list of approved courses is published on the Commission’s website on the Re-Certification page. If an attorney has taken a course which is not listed on the website, and the attorney has a question as to whether the course meets the certification requirements, the attorney should contact the Certification Attorney at (804) 662-7249, extension 134.
No. While attorneys with extensive criminal law experience may receive a waiver of the initial certification requirements, all attorneys on the court appointment list must submit the statutorily required hours for re-certification.
Yes. Attorneys may re-certify through any of the traditional methods for receiving MCLE credit: live, video replay, online, webinar, telephone, etc.. Once an attorney has completed the course, the attorney should report the course name and the amount of hours received to the Commission. This can be done using the Commission’s online Attorney Certification System (ACeS) or by using a re-certification application document.
A list of approved MCLE courses is published on the Commission’s website. See the Re-Certification page. If an attorney does not see a course listed on the website, but has questions as to whether it provides certification credits, they should contact the Certification Attorney at (804) 662-7249, extension 134.
No. The standard for representation as a GAL differs from that of a defense attorney. Courses for GAL representation are designed around a different standard and do not meet the certification requirements for indigent defense counsel.
The Virginia Indigent Defense Commission(VIDC) is an independent state agency that is not connected to the Virginia State Bar (VSB). The VIDC does not have access to an individual attorney’s VSB record. An individual attorney’s MCLE record is only available to the attorney, and the VSB online account is password protected.
Attorneys must forward their completed MCLE forms to the VSB to insure receipt of MCLE credit. This applies to MCLE credits received for GAL courses as well as criminal defense courses. Only certification and re-certification forms should be forwarded to the VIDC.
Yes. Just as the Virginia State Bar permits up to four (4) hours of MCLE credit for each hour of MCLE taught, the Commission has approved the same practice for attorneys who teach certification courses. Attorneys interested in teaching an MCLE course should contact the VIDC Training Attorney for more information.
Yes. Juvenile certification only governs representation of juvenile defendants. Juvenile certification is not needed to represent adult defendants even if the charges are heard in juvenile court or involve a juvenile complainant.
Attorneys who fail to re-certify before their expiration date are removed from the court-appointed counsel list. The names of attorneys removed from the list are reported to the Office of the Executive Secretary for the Virginia Supreme Court in accordance with § 19.2-163.01(4). Attorneys may be returned to the list of eligible attorneys for court appointments only upon a showing that they have completed the statutorily required hours for Re-certification.
No. Only attorneys in good standing with the Virginia State Bar (VSB) are eligible to accept court appointments. Just as the VSB does not accept MCLE credit hours taken before an attorney is licensed, the VIDC only allows those attorneys in good standing and eligible to accept court appointments to attend the Initial Certification training.
Attorneys can download a copy of the Standards of Practice from the Commission’s website. See the Standards of Practice page.
All attorneys accepting court appointments for indigent defendants are bound by the Standards of Practice for Indigent Defense Counsel. If a person believes that someone has violated the Standards, they should file a complaint through the Standards of Practice Enforcement Attorney. More information on the enforcement process is available on the Commission’s website. See the Standards of Practice page.