As amended through November 4, 2024
Rule 6-8.3 - CRIMINAL TRIAL; MINIMUM STANDARDS(a) Substantial Involvement and Competence. The applicant must demonstrate substantial involvement and competence in criminal trial law to become certified as a criminal trial lawyer. Substantial involvement and competence includes the following.(1)Trial Experience. Twenty-five criminal trials are required. Of these 25 trials, at least 20 must have been jury trials tried to verdict, at least 15 must have involved felony charges, and at least 10 must have been conducted by the applicant as lead counsel. At least 5 of the 25 cases must have been tried during the 5 years immediately preceding application.(2)Memorandum. Submission of a criminal trial court memorandum or brief prepared and filed by the applicant within the 3-year period immediately preceding application must be substantial in nature, state facts, and argue various aspects of criminal law. The quality of this memorandum or brief will be considered in determining whether the applicant is qualified for certification.(3)Substantial Involvement. At least 30 percent of 5 years must be in criminal trial law as an advocate or as a judge of a court of general jurisdiction adjudicating criminal trial matters. At least 3 years must be immediately preceding application. The 30-percent requirement is cumulative over the 5 years preceding application but must be at least 30 percent during each of the 3 years immediately preceding application. The applicant's substantial involvement must be sufficient to demonstrate special competence as a criminal trial lawyer within the 3 years immediately preceding the application. Substantial involvement includes investigation, evaluation, pleading, discovery, taking of testimony, presentation of evidence, and argument of jury or non-jury cases For good cause shown, the criminal law certification committee may waive 2 of the 3 years of substantial involvement for individuals who have served as judges. In no event may the year immediately preceding application be waived.(b) Peer Review.(1)Lawyer References. The applicant must submit the names and addresses of at least 4 lawyers to complete peer review forms.(2)Judicial References. The applicant must submit the names and addresses of at least 2 judges before whom the applicant has appeared on criminal trial matters during the 2-year period immediately preceding the filing of the application or before whom the applicant has tried a criminal trial to jury verdict to complete peer review forms.(c) Education. The applicant must complete at least 45 hours of continuing legal education requirements necessary for criminal trial certification during the 3-year period immediately preceding the filing of an application as established by the board of legal specialization and education. Accreditation of educational hours is subject to policies established by the criminal law certification committee or the board of legal specialization and education.(d) Examination. Every applicant must pass an examination designed to demonstrate sufficient knowledge, skills, proficiency, and experience in criminal trial law, application of constitutional principles, and rules of criminal procedure to justify the representation of special competence to the legal profession and the public.Amended June 18, 1987, effective 7/1/1987 (508 So.2d 1236); 9/21/1989, effective 10/1/1989 (548 So.2d 1120); 7/23/1992, effective 1/1/1993 (605 So.2d 252); 7/1/1993 (621 So.2d 1032); amended April 14-15, 1994, by the Board of Governors of The Florida Bar; Feb. 11, 1999; August 17, 2007, by the Board of Governors of The Florida Bar; amended and effective 12/4/2020 by The Florida Bar Board of Governors.