Free APPLICATION FOR COURT APPOINTMENT CERTIFICATION - Pennsylvania

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA APPLICATION FOR COURT APPOINTMENT CERTIFICATION

PLEASE READ AND FOLLOW ALL DIRECTIONS INCOMPLETE OR IMPROPERLY PREPARED APPLICATIONS WILL BE SUMMARILY REJECTED

Please read the Rule applicable to each category before answering the questions. A copy of Rule 406 is attached hereto for your convenience. Where a brief or writing sample is required, submit only one copy. Briefs will not be returned. Where a training or education program is listed, please provide the exact title, sponsor, date, location, and subject matter of the program. You must attach a copy of the certificate of attendance for the program. If you are applying for certification as Homicide Lead Counsel, Homicide Penalty Phase Counsel, Capital Appellate Counsel, or Capital PCRA Counsel you must be in compliance with Pa.R.Crim.P. 801 Applications must be filed with the Court Appointments Clerks Criminal Listings, 206 Criminal Justice Center You may remove application pages which do not relate to the categories in which you seek certification. However, no application will be considered without pages 1, 2 and 18.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA APPLICATION FOR COURT APPOINTMENT CERTIFICATION
(PLEASE TYPE) NAME ___________________________ PRINCIPAL OFFICE __________________________________ __________________________________ OFFICE PHONE____________________ Date of Admission to: PA Bar ____________________________ ATTORNEY ID ____________________ HOME ADDRESS (optional) _________________________ __________________________________ HOME PHONE_____________________ SOCIAL SECURITY NO._____________ Other Courts ________________________

Please list foreign languages in which you are fluent (if any). In which category(ies) of cases do you wish to accept appointment?
1. Homicide trial a. lead counsel b. penalty phase counsel b. associate counsel Capital homicide appellate a. lead counsel b. associate counsel Non-capital homicide appellate counsel Capital PCRA a. lead counsel b. associate counsel Post-Conviction counsel in non-capital homicide cases Felony Misdemeanor Non-homicide appellate Non-homicide PCRA Major felony juvenile Non-major felony juvenile ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______

2.

3. 4.

5. 6. 7. 8. 9. 10. 11.

Please answer the following questions: 1. Are you familiar with the following (Your affirmative answer to this question is a verification that you have read the applicable rules): Pennsylvania Rules of Criminal Procedure Pennsylvania Rules of Appellate Procedure Philadelphia Court Rules -- Common Pleas (Criminal Division) Philadelphia Court Rules -- Municipal Court (Criminal Division) Please indicate the basis of that familiarity. ______ ______ ______ ______

2. Are you readily available to accept appointments in the category(ies) in which you are seeking certification?

3.

(a) (b) (c)

Have you ever been suspended, disbarred, or placed on inactive status in any jurisdiction? Are you an inactive Pennsylvania Practitioner, or not in compliance with the Pennsylvania Supreme Court's Continuing Legal Education requirements? Do you have any disciplinary complaints pending against you in any jurisdiction?

If you answered "Yes" to any of the above, please provide a detailed explanation.

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I.

HOMICIDE TRIAL (Rule 406-1) A. Lead Counsel

4(a) If you are seeking appointment as lead counsel, are you an active trial practitioner with at least five years criminal litigation experience? 4(b) If you are seeking appointment as lead counsel in homicide cases, please list ten (10) criminal jury trials of a serious and complex nature in which you were sole or lead counsel and which were tried to verdict. At least eight (8) of these cases must be significant cases, as defined by Pa.R.Crim.P. 801(1)(c). Defendant 1 2 3 4 5 6 7 8 9 1 0 For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. Case # Photo # Charge Trial Judge Trial Date Result

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4(c) If you are seeking appointment as lead counsel in homicide cases, please list one ( 1) homicide case which you tried to verdict as lead counsel, or in the alternative, list two (2) homicide trials, tried to verdict, in which you substantially participated as associate counsel, specifying your role and duties. Defendant 1 2 Case Number Photo # Trial Judge Trial Date Result

Duties and Role as Associate Counsel 1 2

For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 4(d) Are you familiar with and experienced in the use of expert witnesses and scientific and medical evidence, including, but not limited to, psychiatric and pathological evidence? Please briefly describe the basis of that knowledge and experience (which may include trial work listed above).

4(e) Are you in compliance with the capital case training requirements of Pa.R.Crim.P. 801(2)(a)? Your answer in the affirmative certifies that you have read Rule 801 and that your name appears on the list of attorney who satisfy the education requirements of Rule 801 maintained by the Pennsylvania Continuing Legal Education Board.

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B.

Penalty Phase Counsel

5(a) If you are seeking appointment as penalty phase counsel, are you an active practitioner with at least five years criminal litigation experience, with at least two of those years being as an active criminal defense attorney? 5(b) If you are seeking appointment as penalty phase counsel in homicide cases, please list ten (10) criminal jury trials of a serious and complex nature in which you were sole or lead counsel and which were tried to verdict. At least eight (8) of these cases must be significant cases, as defined by Pa.R.Crim.P. 801(1)(c). Defendant 1 2 3 4 5 6 7 8 9 1 0 For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. Case Number Photo # Charge Trial Judge Trial Date Result

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5(c) If you are seeking appointment as penalty phase counsel in homicide cases, please list three (3) homicide cases which you tried to verdict as sole or lead counsel. Defendant 1 2 3 Case Number Photo # Trial Judge Trial Date Result

For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 5(d) If you are seeking appointment as penalty phase counsel in homicide cases, please list one (1) capital jury trial, which you tried to verdict as sole, lead or penalty phase counsel. Defendant 1 Case Number Photo # Trial Judge Trial Date Result

If the foregoing case was not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented.

5(e) As an alternative to 5(d), indicate whether you have successfully completed an apprenticeship approved by the Screening Committee of the Philadelphia Bar Association, as set forth in Philadelphia Criminal Rule 406-1(D)(5). 5(f) Indicate when and where within the past two years you have completed a six hour course in mitigation advocacy approved by the Screening Committee of the Philadelphia Bar Association. (Attach proof of attendance)

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5(g) Are you in compliance with the capital case training requirements of Pa.R.Crim.P. 801(2)(a)? Your answer in the affirmative certifies that you have read Rule 801 and that your name appears on the list of attorney who satisfy the education requirements of Rule 801 maintained by the Pennsylvania Continuing Legal Education Board. C. HOMICIDE ASSOCIATE COUNSEL

6(a) If you are seeking appointment as associate counsel in homicide cases, are you an active practitioner with at least three years criminal litigation experience? 6(b) If you are seeking appointment as associate counsel in homicide cases, please list five (5) criminal jury trials of a serious and complex nature, in which you were sole or lead counsel and which were tried to verdict. Defendant 1 2 3 4 5 Case Number Photo # Charge Trial Judge Trial Date Result

For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented.

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6(c) If you are seeking appointment as associate counsel in homicide cases, please list one (1) homicide case which resulted in a verdict, in which you were sole counsel, lead counsel, or cocounsel (if co-counsel, describe your role): Defendant 1 Case Number Photo # Trial Judge Trial Date Result

Duties and Role as Associate Counsel 1

If the foregoing case was not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 6(d) As an alternative to 6(c), indicate when and where, within the last two years, you have taken a training or educational program in criminal advocacy which focused on the trial of cases in which the death penalty is sought. (Attach proof of attendance) II. CAPITAL HOMICIDE APPELLATE (Rule 406-2) A. LEAD COUNSEL

7. If you are seeking appointment as lead appellate counsel in cases where the death penalty has been imposed, please list eight (8) significant cases, as defined by Pa.R.Crim.P. 801(1)(c), where you have served as appellate or post-conviction counsel.

Defendant 1 2

Docket Number

Court

Charge

Decision Citation

Issues

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3 4 5 6 7 8

For any of the foregoing cases which were not heard in state or federal courts in Pennsylvania, provide a brief discussion of the nature of the case and the issues presented. 8. Additionally, list the caption, court term and number of three (3) criminal cases in which you presented oral argument to an appellate court: Defendant 1 2 3 Docket Number Court Charge Decision Citation Argument Date Issues

For any of the foregoing cases which were not heard in state or federal courts in Pennsylvania, provide a brief discussion of the nature of the case and the issues presented. 9. Submit with this application at least one (1) recent criminal case appellate brief written primarily by yourself which best demonstrates your excellence in written legal advocacy. (List caption). 10. Are you in compliance with the capital case training requirements of Pa.R.Crim.P.

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801(2)(a)? Your answer in the affirmative certifies that you have read Rule 801 and that your name appears on the list of attorney who satisfy the education requirements of Rule 801 maintained by the Pennsylvania Continuing Legal Education Board..

B.

ASSOCIATE CAPITAL HOMICIDE APPELLATE COUNSEL

Associate Counsel in capital appellate cases are qualified if they meet the standards for non-capital PCRA cases (Please check here ______ and answer questions 17-18 if you wish to so qualify). III. NON-CAPITAL HOMICIDE APPELLATE (Rule 406-3)

11. Submit with this questionnaire at least one (1) recent criminal case brief or writing sample written primarily by yourself which best demonstrates your excellence in written legal advocacy. (List caption)

12. If you are seeking appointment as appellate counsel in homicide cases where the death penalty has not been imposed, please list three (3) criminal cases in which you filed briefs with the Pennsylvania Superior or Supreme Courts.

Defendant 1 2 3

Docket Number

Court

Charge

Decision Citation

Issues

For any of the foregoing cases which were not heard in state or federal courts in Pennsylvania, provide a brief discussion of the nature of the case and the issues presented.

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Alternatively, indicate when and where you attended a Continuing Education Program in Pennsylvania appellate practice within the past year. Alternatively, please indicate what is the basis of your appellate experience and knowledge of Pennsylvania appellate practice qualifying you to represent appellants in criminal cases. (Attach additional sheets if necessary). Alternative 1: (Course -- attach proof of attendance) Alternative 2: (Experience)

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IV.

CAPITAL POST-CONVICTION (Rule 406-4) A. LEAD COUNSEL

13. If you are seeking appointment as lead counsel in Capital PCRA cases, are you an active practitioner with at least five (5) years criminal litigation experience? 14. If you are seeking appointment as lead counsel to represent prisoners under sentence of death in post-conviction petitions, please list ten (10) serious and complex cases in which you were sole or lead counsel, for which there were criminal trials or other criminal case hearings before a judge or other judicial officer where contested factual issues were actually decided. At least eight (8) must be significant cases, as defined by Pa.R.Crim.P. 801(1)(c), where you have served as appellate or post-conviction counsel. Defendant 1 2 3 4 5 6 7 8 9 1 0 For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. Case # Photo # Charge Trial Judge Trial Date Result

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15. Submit with this application at least one (1) recent criminal case appellate brief written primarily by yourself which best demonstrates your excellence in written legal advocacy. (List caption). 16. Are you in compliance with the capital case training requirements of Pa.R.Crim.P. 801(2)(a)? Your answer in the affirmative certifies that you have read Rule 801 and that your name appears on the list of attorney who satisfy the education requirements of Rule 801 maintained by the Pennsylvania Continuing Legal Education Board.. B. ASSOCIATE COUNSEL

Associate counsel in capital appellate cases are qualified if they meet the standards for non-capital PCRA cases. Check here _____ and answer questions 17-18 if you wish to qualify. V. POST-CONVICTION COUNSEL IN NON-CAPITAL AND NON-HOMICIDE CASES (Rule 406-5 and -9)

17(a) If you are seeking appointment as PCRA counsel or counsel in other post-conviction evidentiary hearings in cases where the death penalty has not been imposed, please list two (2) cases in which you were counsel where a PCRA hearing has been held. Defendant 1 2 Case Number Photo # Hearing Judge Hearing Date Result

For any of the foregoing cases which were not heard in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 17(b) As an alternative to 17(a), indicate when and where you attended a Continuing Legal Education program on Pennsylvania post-conviction practice within the past year. (Attach proof of attendance) 18. Additionally, list three (3) cases in which you participated in the preparation and litigation of three (3) adversary criminal hearings where serious and complex factual and legal issues were contested.(They may include the two PCRA hearings listed in 17(a) above).

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Defendant 1 2 3

Case Number

Photo #

Hearing Judge

Hearing Date

Result

For any of the foregoing cases which were not heard in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. VI. FELONY (Rule 406-6)

Note: Attorneys who qualify for felony appointments are automatically qualified for and are obligated to take post-trial felony appointments.. 19. If you are seeking appointment in felony cases, are you an active practitioner with at least two years criminal litigation experience? 20. If you are seeking appointment to felony cases, please list five (5) criminal trials tried to verdict in which you were counsel (No motions or juvenile hearings). Defendant 1 2 3 4 5 For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 21(a) List at least two (2) adult felony cases tried to verdict within the past two years, where Case Number Photo # Charge Trial Judge Trial Date Result

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you were sole or lead counsel). Defendant 1 2 Case Number Photo # Charge Trial Judge Trial Date Result

For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 21(b) As an alternative to 21(a), indicate when and where you attended a Continuing Legal Education program in the field of criminal law within the past year. (Attach proof of attendance) VII. MISDEMEANOR (Rule 406-7) 22. If you are seeking appointments in misdemeanor trial cases, please list when and where you attended or viewed a videotape program on Municipal Court criminal justice in the past year. In the alternative, please indicate the basis of your experience In Municipal Court cases. (Attach additional sheets if necessary). Course (Attach proof of attendance): Experience:

23. Are you familiar with Pennsylvania Rules of Criminal Procedure 1000-1013? (Your affirmative answer to this question is a verification that you have read the applicable rules). Please indicate the basis of that familiarity. VIII. NON-HOMICIDE APPELLATE (Rule 406-8) Note: If you have applied and qualified for felony cases, you are automatically certified in this category (see Rule 406-6). Alternatively, if you have not so qualified, please answer questions 11-12 above. IX. NON-HOMICIDE POST-CONVICTION (Rule 406-9)

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Note: If you have applied and qualified for felony cases, you are automatically certified in this category (see Rule 406-6). Alternatively, if you have not so qualified, please answer questions 17-18 above.

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X.

MAJOR FELONY JUVENILE (Rule 406-10)

24. If you are seeking appointments in major felony juvenile cases, please answer questions 19 to 21, and then list five (5) delinquency adjudicatory hearings which you tried to completion in juvenile court. Defendant 1 2 3 4 5 For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 25(a) Additionally, list two (2) major felony juvenile adjudicatory hearings you have tried to completion within the past two years. Defendant 1 2 Petition # J.Number Charge A.H. Judge A.H. Date Result Petition # J.Number Charge A.H. Judge A.H. Date Result

For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 25(b) Alternatively, indicate when and where you have attended one Continuing Legal Education program in the field of juvenile law within the past year. (Attach proof of attendance)

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26. If you are seeking appointment in any juvenile case, indicate if you are familiar with the Pennsylvania Juvenile Act and the Philadelphia Court of Common Pleas Juvenile Court Rules. (Your affirmative answer to this question is a verification that you have read the applicable rules). Please indicate the basis of that familiarity. XI. NON-MAJOR FELONY JUVENILE (Rule 406-11) Note: To qualify in this category, complete questions 22 - 23 above. 27(a) Indicate when and where you have attended one CLE program in the field of juvenile delinquency law within the past year. (Attach proof of attendance) 27(b) Alternatively, list two (2) Juvenile delinquency adjudicatory cases which you have tried to completion within the past two years, listing judge, date of trial, and result. Defendant 1 2 For any of the foregoing cases which were not tried in Philadelphia County, provide a brief discussion of the nature of the case and the issues presented. 28. If you are seeking appointments in any juvenile case, indicate if you are familiar with the Pennsylvania Juvenile Act and the Philadelphia Court of Common Pleas Juvenile Court Rules. (Your affirmative answer to this question is a verification that you have read the applicable rules). Please indicate the basis of that familiarity. Petition # J.Number Charge A.H. Judge A.H. Date Result

I hereby certify that the facts set forth in the foregoing are true and correct to the best of the undersigned'knowledge, information and belief and are verified subject to the penalties for unsworn s falsification to authorities under Pennsylvania Crimes Code §4904 (18 Pa. C.S. §4904). ______________________________ Signature Date:__________________________

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