New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter A - First Judicial Department
Article 1 - Appellate Division
Subarticle A - Rules of Practice
Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals
Section 606.1 - Assignments pursuant to section 35 of the Judiciary Law
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 606.1
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Counsel.
(1) Whenever in a proceeding
described in section
35 of the
Judiciary Law the court shall find that counsel should be assigned to represent
a person who does not have legal representation and who is financially unable
to obtain counsel, the court shall appoint the attorney-in-charge of the
criminal courts branch or of the civil branch of the Legal Aid Society as the
attorney of record to represent such person. If, however, the court deems the
assignment of other counsel to be required because of either a conflict of
interest or other good cause, it shall enter an order appointing the attorney
designated by the administrator of the assigned counsel plan in the first
judicial department from the panels of attorneys established under that plan.
Designations of counsel by the administrator shall, as nearly as practicable,
be by rotation.
(2)
The term legal representation shall include representation by a member of the
bar, representation by the director of the Mental Hygiene Legal Service, or
representation by a corporation approved pursuant to the provisions of
Judiciary Law, section 495.
(3) A copy of each such order of
appointment shall be forwarded by the court to the administrator of the
assigned counsel plan. Claims for compensation by counsel or the Legal Aid
Society shall be submitted to the court which made the assignment on prescribed
forms, specifying the time expended (in court and out of court), the services
rendered and the expenses reasonably incurred, and stating that no payment or
promise of payment has been received in respect of such services and
expenses.
(b) Psychiatrists and physicians.
(1) Whenever in a proceeding
described in section
35 of the
Judiciary Law the court shall find that a psychiatrist or physician should be
appointed to examine and report and, if required, to testify at the hearing
upon the condition of a person, the court shall request the Mental Health
Information Service to designate such psychiatrist or physician for such
purposes. If the court deems that because of a conflict of interest or other
good cause the service should not make the designation, it shall request the
Impartial Medical Panel Office of the Supreme Court, First Judicial District,
to do so. Designations shall, as nearly as possible, be by rotation from panels
of psychiatrists and physicians recommended by the New York Academy of Medicine
in consultation with the Bronx County and New York County chapters of the
American Psychiatric Association, Bronx County Medical Society, and the Medical
Society of the County of New York, including the panel heretofore furnished to
the Mental Health Information Service, First Judicial Department.
(2) A copy of each order of
appointment entered by the court shall be forwarded to the director of the
Mental Health Information Service. Claims for compensation by a psychiatrist or
physician shall be submitted to the court which made the assignment on
prescribed forms, specifying the time expended (in court and out of court), the
services rendered and the expenses reasonably incurred, and stating that no
payment or promise of payment has been received in respect of such services and
expenses.
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