I have spoken to the board of legal specialization people about the possibility of creating a new specialty field for criminal appellate practice and I'm trying to see how much interest there is for this. I spoke to some of the people from the capital litigation section of the AG's office at the recent seminar and they seem to be for it. At a bare minimum we need 100 attorneys (including defense lawyers)to recommend this as a specialty area. I would be willing to do the legwork if there are enough people interested. The nuts and bolts of creating a new specialty area are on the TBLS website. If anyone is interested in trying this, please feel free to contact me by phone (409-267-8271) or email(wftm@prodigy.net)with any comments and or suggestions. I posted a similar message in the appellate section. Thanks.

At the 2002 UT Conference on Criminal Appeals Judge Cochran raised the idea of a criminal appellate specialty. I followed up by contacting Gary Neil with the State Bar and offered to assist. I have never heard back.

I think it an excellent idea to create such a specialty, but there appears to be some resistance to creating it, whether it is as a result of a lack of interest by those working on criminal post-conviction matters or the work involved in setting it up, I don't know.

Practicing only appellate law and having been found ineligible for the regular criminal law speciality after an appeal over 5 years ago (thereby forfeiting the $100 application fee), I have maintained an interest. Interestingly, in the years immediately preceding my attempt to satisfy the eligibility requirements, non-trial attorneys were obtaining waivers of the trial experience, but a change in policy was apparently implemented. As I understand things now, only appellate judges are obtaining waivers.

Count me in on helping in any way I can.

[This message was edited by John Stride on 08-13-03 at .]

Isn't there already an appellate law certification? Is it just civil?

John:
I spoke with Gary McNeil at TBLS today about that. He said that when Civil Appellate became a specialty area in the 80's there was some talk of it being both civil and criminal but the civil people won out. There have from time to time been inquiries about creating a specialty for criminal appellate, but no one has ever carried the ball with it.

What if we called it a Postconviction Specialization? That would distinguish it from the civil appellate certification and recognize the need to cover writs along with direct appeals.

John raises a good point why we need as much input on this as possible. I work in a small office, but I know that in the larger counties as well as the AG there are plenty of good lawyers who just don't meet the requirements for straight criminal law specialization through no fault of their own. The more broad we make this category the more opportunities there will be for prosecutors to specialize.

Our post-conviction attorney Ed Marty informed me that there is already a group of people interested in improving the prasctice of post-conviction criminal law. This includes prosecutors, the SPA and defense attorneys. To get in touch with them - address an e-mail to tapcca@earthlink.net with a copy to emarty@smith-county.com and zdrdavida@earthlink.net. David is David Schulman of the Independent Bar Association, and one of the seven founding members of the TAPCCA (Texas Assoc. Post-Conviction Criminal Attorneys). The others are Ed Marty, Jeff VanHorn, Betty Marshall, Roy Greenwood, John Jasuta and Leslie Webb. There are already 43 members across the state.

[This message was edited by Jim Huggler on 08-14-03 at .]

During my last tour of duty I started this discussion and there seemed to be some interest. Can anyone tell me if this ever got past the discussion stage? If there are still people who are interested in pursuing this, let me know and we can try and get this ball rolling again.

I'm interested.

I'm interested, too. It's easier if we're first, right?

From what I remember from the last time I looked into this, there needs to be a test group which could include people that are already certified in criminal law or civil appellate that would volunteer to take the first test. Seems like that bunch might have some say in the matter.

The criminal appellate specialty is already pending before the SBOT. David Schulman spearheaded a group that presented the idea. There has been some quite intense opposition but at last evaluation it was looking promising.

JAS

What was the rationale of the intense opposition? I mean, I guess I can see opposition, but "intense" seems odd to me.

An element of the defense bar is hostile: grounds such as didn't want to take another test and had already showed competence by passing existing speciality.

JAS

The opposition from the organized defense bar has been, indeed, quite intense. It has also been irrational. Most of the resistance is based on personality clashes and the desire of some of the more entrenched and (perhaps) intransient members of the defense bar to protect their fiefdom. It is my understanding that the speciality will, nevertheless, become reality this year. All that remains at issue, as far as I know, will be the requirements to sit for the exam, and whether qualified lawyers who are already Bd Certified in Criminal Law will be "grandfathered" in. I'll be happy to answer any questions about the status, the procedure/history of our effort, etc. Call office (512-474-4747) or send an eMail (zdrdavida@gmail.com). Thanks --- David A.

Welcome to the User Forum, David. Thanks for the info.

By the way, lots of lawyers have been on pins and needles this week. Results from the last specialization exams are running quite late (generally have been available in late December). Results will supposedly be available next week.

Yes, specialization results were delayed because the testing dates were expanded due to Ike. My heart goes out to the contestants. I don't want to go there again.

Welcome aboard, David.

I feel you on that Dan. Trying to study for a test lo these many years after law school was more difficult than I could've imagined. I might've felt better if it wasn't graded on a curve.

Welcome aboard David. Thanks for spearheading that.

David, nice job on the case law update at the annual. I would not have thought someone could make the death penalty update so enjoyable. You have a great, enthusiastic approach and the humor makes it all go down easy. Keep up the great presentations.

I'm going to throw this out there purely as a suggestion as it relates to the "grandfathering" issue. How many prosecutors who are already board certified in criminal law, and there are alot out there, would sign up for the test if you got one free shot at the criminal appellate certification test by virtue of the fact that you are already board certified? Would this be enough to overcome the opposition of the defense bar? Would this idea have support in the larger counties, particularly the ones that require their felony prosecutors to pursue board certification? Any thoughts?