Criminal Trial Law Certification by the New Jersey Supreme Court

Achieving board certification in Criminal Trial Law in New Jersey is a recognition of an attorney's expertise, experience, and competence in the field of criminal litigation. The certification process is rigorous and designed to ensure that only highly qualified attorneys receive this distinction. Below are the key standards and requirements:

1. Bar Admission and Good Standing

• Minimum Years of Practice: The attorney must have been admitted to the New Jersey Bar for at least five years. This ensures that the attorney has substantial experience in the practice of law.
• Good Standing: The attorney must be in good standing with the New Jersey Bar and any other jurisdictions where they are licensed. This means no ongoing disciplinary actions or unresolved complaints that could affect their professional conduct.

2. Substantial Involvement in Criminal Trial Law

• Experience in Criminal Litigation: The attorney must demonstrate significant involvement in criminal trial law over the five years preceding the application. This includes managing and participating in various phases of criminal cases, from pre-trial motions to trial and post-trial processes.
• Trial Experience: The attorney must have served as the primary attorney in at least 10 criminal cases that were tried to completion. This experience should include handling key aspects of the trial, such as presenting evidence, cross-examining witnesses, and making closing arguments. The attorney must also have completed a minimum number of trial days, demonstrating the depth of their courtroom experience.

3. Peer and Judicial References

• Professional References: The attorney must provide references from judges and attorneys who have directly observed their trial work. These references must attest to the attorney's competence, ethics, and professionalism. Typically, at least five references are required, including three judges who have presided over the attorney's cases and two opposing counsel who have worked against them in trials.

4. Continuing Legal Education (CLE)

• CLE Requirements: The attorney must have completed at least 36 hours of continuing legal education (CLE) focused on criminal trial law within the three years preceding the application. These courses should cover important areas such as trial advocacy, criminal procedure, and ethics to ensure that the attorney remains current in the field.

5. Written Examination

• Examination: The attorney must pass a comprehensive written examination that tests their knowledge of criminal trial law, including substantive criminal law, procedural rules, evidence, and ethical considerations. The exam is designed to ensure that the attorney possesses the necessary legal expertise to handle complex criminal cases effectively.

6. Ethical Standards

• Ethical Conduct: The attorney must have a record of ethical conduct. Any past disciplinary actions, criminal convictions, or professional misconduct must be disclosed during the application process. The Board on Attorney Certification reviews these disclosures to determine the attorney's eligibility for certification.

7. Application Process

• Detailed Application: The attorney must submit a detailed application that includes their trial experience, peer and judicial references, CLE documentation, and any required ethical disclosures. The application is reviewed by the Certification Committee, which evaluates whether the attorney meets the high standards necessary for certification.
• Application and Examination Fees: The application process involves paying non-refundable fees, which cover the cost of processing the application and administering the examination.

8. Certification Duration and Recertification

• Certification Period: Once awarded, the certification is valid for five years. To maintain certification, attorneys must apply for recertification during the final year of their certification period, demonstrating continued substantial involvement in criminal litigation and ongoing compliance with CLE requirements.

By meeting these rigorous standards and requirements, attorneys can achieve board certification in Criminal Trial Law in New Jersey, signifying their expertise and dedication to the highest levels of practice in criminal litigation.

Achieving board certification in Criminal Trial Law in New Jersey involves a detailed and rigorous application process designed to evaluate an attorney's experience, competence, and ethical standards. Here is a breakdown of the steps involved in the application process:

1. Eligibility Verification

• Minimum Practice Requirement: Ensure that you have been admitted to the New Jersey Bar for at least five years and are in good standing. Additionally, confirm that you have substantial involvement in criminal trial law during this time, particularly in managing and participating in various phases of criminal cases.

2. Application Submission

• Complete the Application Form: Download and fill out the application form provided by the New Jersey Board on Attorney Certification. This form requires detailed information about your criminal trial experience, including a list of at least ten criminal cases where you served as the primary attorney and that were tried to completion.
• Documentation: The application must include detailed documentation of your trial experience, such as case names, the court where each case was tried, the trial dates, and your specific role in each trial. You must also provide records of your participation in at least 36 hours of continuing legal education (CLE) in criminal trial law within the last three years.

3. Peer and Judicial References

• Collect References: You must submit references from at least five professionals, including three judges and two opposing counsel who have observed your work in criminal trials. These references should attest to your skills, ethics, and professionalism in criminal trial law.
• Reference Forms: Reference forms provided by the Board must be completed by your referees and submitted as part of your application package. These references are confidential and play a crucial role in assessing your qualifications.

4. Ethical Disclosure

• Ethical Standing: You are required to disclose any past disciplinary actions, grievances, or criminal convictions. The Board will review these disclosures to assess your ethical fitness for certification. Full transparency is essential, as failure to disclose relevant issues can result in denial of certification.

5. Written Examination

• Schedule and Prepare for the Exam: Once your application is reviewed and accepted, you will be required to pass a comprehensive written examination. This exam tests your knowledge of criminal trial law, including substantive criminal law, procedural rules, evidence, and ethics.
• Exam Content: The exam is designed to evaluate your ability to handle complex criminal cases, including managing trials from pre-trial motions through to verdict and sentencing.

6. Fees

• Application Fee: A non-refundable fee must be paid when submitting your application. This fee covers the cost of processing your application and administering the examination.

7. Board Review

• Evaluation Process: After you submit your application and pass the written examination, the Board on Attorney Certification will conduct a thorough review of your application materials, references, and exam results.
• Notification of Decision: You will be notified of the Board's decision once the review is complete. If approved, you will receive certification as a Criminal Trial Law Specialist, valid for five years.

This process ensures that only attorneys who demonstrate exceptional competence, experience, and ethical conduct in criminal trial law are awarded certification, marking them as leaders in their field.

Maintaining board certification in Criminal Trial Law in New Jersey involves ongoing responsibilities to ensure that certified attorneys continue to meet the high standards expected in this specialty. Below is an overview of the key aspects of annual duties, recertification, and decertification:

Annual Duties

1. Continuing Legal Education (CLE):

   • Certified Criminal Trial Law specialists must complete a minimum of 36 hours of continuing legal education (CLE) in criminal law every three years. These CLE credits must focus on relevant areas such as trial advocacy, procedural law, and ethics to ensure that the attorney remains current with developments in the field and continues to refine their skills.

2. Ethical Compliance:

   • Attorneys are required to adhere to the highest ethical standards. Any disciplinary actions, complaints, or ethical violations must be reported to the Board on Attorney Certification. Ongoing compliance with ethical standards is critical for maintaining certification.

3. Annual Fee Payment:

   • Certified attorneys must pay an annual fee to maintain their certification. This fee is typically due by January 31st each year. Failure to pay the fee on time may result in late penalties and, if not rectified, could lead to decertification.

Recertification Process

Certification in Criminal Trial Law is valid for five years. Attorneys must apply for recertification before their certification expires. The recertification process includes:

1. Application for Recertification:

   • During the final year of the certification period, attorneys must submit a recertification application. This application requires them to provide updated information on their trial experience, professional activities, and continued education in criminal trial law.

2. Continuing Education Verification:

   • Attorneys must verify that they have completed the required 36 hours of CLE credits within the certification period. These credits must be documented and submitted with the recertification application to demonstrate ongoing professional development.

3. Peer and Judicial References:

   • Updated references may be required as part of the recertification process. These references should come from judges and attorneys who have observed the attorney’s work during the certification period and can attest to their continued competence and ethical behavior.

4. Board Review:

   • The Board on Attorney Certification reviews the recertification application, CLE documentation, and any additional references. If the Board determines that the attorney has met all the necessary criteria, the certification will be renewed for another five years.

Decertification

Decertification can occur if an attorney fails to meet the ongoing requirements or violates ethical standards. Key reasons for decertification include:

1. Failure to Complete CLE Requirements:

   • If an attorney does not complete the required CLE hours or fails to submit the necessary documentation, they risk losing their certification.

2. Ethical Violations:

   • Significant ethical violations, disciplinary actions, or failure to disclose such issues can lead to decertification. The Board takes ethical conduct seriously, and any breaches may result in the immediate revocation of certification.

3. Failure to Apply for Recertification:

   • If an attorney does not apply for recertification before the expiration of their current certification, they will be automatically decertified. To regain certification, the attorney must reapply as a new candidate and meet all the initial certification requirements again.

This comprehensive approach to maintaining certification ensures that only those attorneys who continue to demonstrate exceptional skill, knowledge, and ethical conduct remain certified as Criminal Trial Law Specialists in New Jersey.