Standards of Practice for Indigent Defense Counsel

View Standards of Practice

In 2004, the Virginia General Assembly created the VIDC to provide oversight of and support for the attorneys performing court-appointed criminal defense work. As part of the new Commission's charge, the General Assembly in § 19.2-163.01 of the Virginia Code directed the Commission to establish standards of practice for indigent defense counsel. The Standards give meaning to the Sixth Amendment Right to Counsel and further the overall goal of zealous and high-quality legal representation for each and every client. Specifically, Virginia's Standards of Practice for Indigent Defense Counsel are legislatively mandated under § 19.2-163.01(A)(4).

Public defenders as well as all private certified court-appointed counsel must comply with the Standards and Rules of Professional Conduct, which are incorporated by reference. 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.

Complaint Process

If you have any questions about Standard of Practice for Indigent Defense Counsel, please contact:

Standards of Practice Enforcement Attorney
William Efird
wefird@vadefenders.org  |  (804)  662-7249, ext. 134