The attorney that applies for certification as a specialist in criminal law or the subspecialty of state criminal law or juvenile delinquency must show substantial involvement in the specialty area through the performance of substantive legal work including significant criminal trial experiences through a certain number of criminal jury trials.
A portion of the substantial involvement requirements might be met through a practice equivalent such as:
- service as a federal, state or tribal court judge; or
- service as a law professor concentrating in the teaching of criminal law.
The attorney must show that he or she has completed certain tasks proving the attorney's significant criminal trial experience including:
- representation as principal counsel of record in federal felony cases or state felony cases (Class G or higher);
- court appearances in other substantive criminal proceedings in criminal courts of any jurisdiction;
- conducting criminal trials concluded by jury verdict; and
- representation in appeals of decisions to the North Carolina Court of Appeals, the North Carolina Supreme Court, or any federal appellate court.
The attorney must show that he or she has completed a certain number and type of continuing legal education (CLE) credits in the field of criminal law (including evidence, substantive criminal law, criminal procedure, criminal trial advocacy, and criminal trial tactics), as well as a specified number of hours in ethics.
The attorney must submit to peer review from other attorneys and judges in the community familiar with the attorney's practice.
The attorney must pass a written examination testing the attorney's knowledge on certain criminal law topics including:
- criminal substantive law;
- trial procedure and trial tactics;
- appellate procedure and tactics;
- state and federal criminal procedure and state and federal laws affecting criminal procedure;
- the North Carolina and Federal Rules of Evidence; and
- constitutional law.
