Ok everyone, after speaking with Gary McNeil from TBLS at Advanced Criminal Law and various conversations with David Schulman, I wanted to get this back out front one more time because evidently the Specialization for Criminal Appellate Law is close to becoming reality. Under various proposals, most people who are already certified in criminal law should be eligible to certify in criminal appellate and this will open a new certification area to those who don't do trial work. It's time to "shine up those old shoes, put on a brand new shirt, get home early from work" and help David get this thing passed. His info is listed above.

Great news! I'll be glad to see this specialty recognized.

This is great news.

For those who are interested, I have a draft of the Criminal Appellate Law Standards for Certification. Email me if you would like a copy.

I have one major concern.
I clerked for a CoA judge for a year. I tried cases for a year (almost all child abuse cases). I have now been in the appellate section for nearly 3 years. I have nearly 50 briefs written, with I think only one misd and one cps. I've handled probably 100-150 writs. However, I have only had 1 oral argument. That's 1 argument in 3 years as an ADA.
So, I would not qualify to sit for this certification.

Is there a way to say something like if you've handled 75 cases or 100 cases, you don't have to have the 5 oral arguments....because the rate this is going, 1 oral argument for every 3 years, it will take me an extra 12 years before I can sit for the certification.

Maybe I'm one of the few and maybe I'll end up with a slew of oral arguments...I'm just sayin'.

Be careful RK, you may jinx yourself. You might end up with 5 completely stupid arguments in a couple weeks.

They really go in spurts. I had one like my third month as a prosecutor, then a couple years without, then a spate, then some dry spells. I think oral argument is less common now, but 5 is a pretty small number. It parallels (to some extent) the current requirement that people seeking the criminal specialization write 5 briefs.

I think for a general criminal law certification you can opt out of writing briefs by doing more trials.

I know, the jinx is on. I can feel it coming.

The proposed criminal appellate specialty is coming up for a State Bar vote. If you have any views or comments about the proposal, they could make a difference.

The Executive Director of the Texas Board of Legal Specialization is Gary McNeil, who can be contacted at gmcneil@texbar.com, (512)453-7266, or 1-800-204-2222, ext 1454.

JAS

Do we have to have all of the requirements under B(1)(b)(1)? I can't really tell. I have not done an original habeas or mandamus, and have not practiced before the U S S.Ct.? It seems that few people would qualify if all of the B(1)(b)(1) (a) through (g) were required. I also find it may be difficult in small counties to find 5 references - as a majority of the appeals I do are represented by the same group of defense attorneys. I think I have 5 within the last 3 yrs, but I would think for defense attorneys in this town it might be difficult since I am the only appellate attorney for the office. Any thoughts?

Few people meet the exact requirements for the current specialization in criminal law. My experience has been that the committee considers alternate work as a substitute. Prosecutors, for example, are not likely to have both trial and appellate experience. I don't know of anyone that couldn't get their application approved by showing alternate experience.

I imagine the same standard will be applied to the appellate specialization.