Initial Certification for Court-Appointed Counsel

Code of Virginia, §19.2-163.03 Qualifications for court-appointed counsel, requires an attorney seeking to represent an indigent client accused in a criminal case, in addition to being a member in good standing of the Virginia State Bar, to meet specific criteria required for each type or level of case.

The objective of court-appointed counsel certification is to provide the most vulnerable clients, who cannot afford to hire an attorney of their choosing, quality representation.  Attorneys should take their time, learn as much as possible, and gain experience in representing clients in criminal defense matters prior to applying for certification.

 

VIDC Initial Certification Training for Court-Appointed Counsel

This is a required training for court-appointed counsel certification. Qualified and experienced attorneys may be considered for a waiver of the mandatory training component only if certain conditions are true.  Please review the Initial Certification Application for further waiver details.

2023 Training Dates
  • March 23-24, 2023
  • July 13-14, 2023
  • November 15-16, 2023

Next Scheduled Training:

REGISTRATION

*Please note, this training is NOT allowed for Re-certification purposes.

Certification Requirements by Case Type

Please refer to Code of Virginia §19.2-163.03 Qualifications for court-appointed counsel for a full explanation of requirements.

Misdemeanor

To initially qualify to serve as counsel appointed for an indigent defendant charged with a misdemeanor, an attorney shall;

  • Be an active member of the Virginia State Bar
  • Complete the VIDC Initial Certification Training - Part 1 (8.0 hours) Misdemeanor/Felony
Felony

To initially qualify to serve as counsel appointed for an indigent defendant charged with a felony, an attorney shall;

  • Be an active member of the Virginia State Bar
  • Complete the VIDC Initial Certification Training - Part 1 (8.0 hours) Misdemeanor/Felony
  • Demonstrate participation as either lead counsel or co-counsel in four (4) felony cases from their beginning through to their final resolution, including appeals if any
Juvenile & Domestic Relations

To initially qualify to serve as counsel appointed in a juvenile and domestic relations district court, an attorney shall;

  • Be an active member of the Virginia State Bar
  • Complete the VIDC Initial Certification Training - Part 1 (8.0 hours) Misdemeanor/Felony AND Part 2 (4.0 hours) Juvenile
  • Be previously Felony Certified or simultaneously seeking Felony Certification
  • Demonstrate participation as either lead counsel or co-counsel in four (4) Juvenile cases in JDR from their beginning through to their final resolution, including appeals if any

Standards of Practice for Indigent Defense Counsel

The Standards of Practice for Indigent Defense Counsel are legislatively mandated under Code of Virginia § 19.2-163.01(A)(4).

These Standards should not serve as a benchmark for ineffective assistance of counsel claims or attorney discipline hearings. Rather, they should serve as standards of practice for court-appointed counsel and public defenders providing indigent defense in Virginia. Failure to comply with these Standards can result in the removal of the non-compliant attorney from the list of counsel certified for court-appointed representation.

Compensation of Court-Appointed Counsel

The Virginia Indigent Defense Commission does NOT manage private court-appointed counsel compensation. Per Code of Virginia § 19.2-163 Compensation of court-appointed counsel, counsel appointed to represent an indigent client accused in a criminal case shall be compensated for services on an hourly basis at a rate set by the Supreme Court of Virginia in a total amount not to exceed the amounts specified in the code.  

NOTICE: There will be a change in statute effective July 1, 2023 requiring a written explanation for waiver denials.

See also, resources from the Supreme Court of Virginia for Court-Appointed Counsel: