New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter C - Third Judicial Department
Article 1 - Appellate Division
Subarticle C - Special Rules
Part 835 - Attorneys For Children
Section 835.2 - Panels of attorneys for children
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 835.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Initial designation to a panel.
(1) Eligibility. An attorney
is eligible for designation as a member of the panel of attorneys for children
of a county of this department when the attorney:
(i) is a member in good standing of the
Bar of the State of New York;
(ii) has attended 12 hours of
introductory training for attorneys for children conducted by the Appellate
Division; and
(iii)
has attained experience in the representation of children by:
(a) substantial participation,
either as counsel of record or as co-counsel with a mentor as provided in
paragraph (5) of this subdivision, in:
(1) a juvenile delinquency or person in
need of supervision proceeding;
(2) a child abuse, child neglect, or
termination of parental rights proceeding; and
(3) a custody or visitation
proceeding; and
(b) participation as counsel or
co-counsel in, or observation of, two hearings in Family Court at which
testimony is taken.
(2) Application. An attorney may, at
any time, apply for membership on a panel designated for a county in this
department. Such an application shall be in the form prescribed by the
Appellate Division, and shall be submitted to a Family Court judge of the
county.
(3) Action
by the Family Court judge. The Family Court judge shall review the application,
and take one of the following actions:
(i) When the judge determines that the
attorney has met the eligibility requirements of paragraph (1) of this
subdivision, and is otherwise qualified to provide appropriate representation
for children, the judge shall approve the application and forward it to the
Appellate Division with the recommendation that the attorney be added to the
county panel.
(ii)
Except as provided in subparagraph (iii) of this paragraph, when the judge
determines that the attorney has not met the eligibility requirements of
paragraph (1) of this subdivision, the judge shall defer action on the
application, forward a copy of the application to the Appellate Division, and
refer the attorney to a mentor as provided in paragraph (5) of this
subdivision.
(iii)
When the judge determines for good cause that an attorney should not be
designated as a panel member, the judge shall deny the application in writing,
stating the basis for the denial, regardless of whether or not the attorney has
met the eligibility requirements of paragraph (1) of this subdivision. The
attorney may request review of such denial by the Appellate Division.
(4) Waiver of
eligibility requirements. The Appellate Division may waive the eligibility
requirements set forth in subparagraphs (1)(ii) and (iii) of this subdivision
when:
(i) an attorney requests
such waiver in writing, endorsed by a judge of Family Court; and
(ii) the attorney has
sufficient relevant experience in the practice of law to demonstrate clearly
the ability to represent children effectively; provided, however, that an
attorney added to a panel based on a waiver granted pursuant to this paragraph
must attend 12 hours of introductory training conducted by the Appellate
Division within one year of designation.
(5) Mentors. When a judge of
Family Court has deferred action on the application of an attorney for
membership on a panel of attorneys for children pursuant to subparagraph
(3)(ii) of this subdivision, the judge shall designate an experienced panel
member as a mentor to assist the attorney in meeting the eligibility
requirements of subparagraph (1)(iii) of this subdivision, and to familiarize
the attorney with the representation of children and the operation of the
attorneys for children program. With the agreement of the mentor, the attorney
may act as co-counsel in a proceeding specified in clause (1)(iii)(a) of this
subdivision, to which the mentor has been assigned as attorney for the child,
provided, however, that the mentor shall be the attorney of record in the
proceeding and shall be responsible for all aspects of the representation. When
the attorney has met the eligibility requirements, he or she shall so inform
the Family Court judge, who shall then take action as provided in paragraph (3)
of this subdivision.
(b) Redesignation of panels.
(1) The Appellate Division
shall, on or before January first of each year, designate a panel of attorneys
for children for each county in the department from lists of attorneys approved
with respect to their competency by the Family Court judges of such counties
upon consideration of the following factors:
(i) rapport with clients;
(ii) case
preparation;
(iii)
legal knowledge;
(iv) vigor of advocacy;
(v) punctuality; and
(vi) any information contained
in the annual panel re-designation application.
(2) In order to be eligible
for panel re-designation, a current panel member must submit a panel
re-designation application to the Office of Attorneys for Children on or before
October 1st of each year. Such application shall be in a form prescribed by the
Appellate Division. Provided the attorney has been found qualified for
re-designation upon consideration of the factors of competency in subparagraphs
(1)(i)-(vi) of this subdivision, and has complied with the appropriate training
and education requirement set forth in section
835.4(b) of this
Part, the application shall be granted and the panel member redesignated to the
panel.
(3) When a
Family Court judge determines that a current panel member should not be
redesignated to the county panel, the judge shall submit to the Appellate
Division a written recommendation to that effect, setting forth the basis of
the recommendation with specific reference to the factors of competency in
subparagraphs (1)(i)-(v) of this subdivision. The Appellate Division shall
provide written notice of the recommendation and a copy of the written
recommendation to the panel member, who may submit to the Appellate Division a
written response and such additional documentation as the panel member believes
may assist the Appellate Division in considering the judge's
recommendation.
(c) Limitations on panel membership. When adequate numbers of attorneys are available in a county:
(1) only the names of
attorneys who reside or maintain an office in the county should appear on the
panel list for that county; and
(2) the Family Court judge or judges of
the county may decline to designate additional attorneys to the
panel.
(d) Removal from panel. An attorney may, at any time, apply to a Family Court judge of the county in which he or she serves on a panel to have his or her name removed from the panel list. Upon receipt of such request, the Family Court judge may make a written recommendation to the Appellate Division that the attorney's name be removed; upon receipt of such recommendation, the Appellate Division shall remove the attorney's name from the panel list, if appropriate. If the Family Court judge denies such request, such denial shall be in writing and state the reasons for the denial. The attorney may request review of such denial by the Appellate Division. Notwithstanding the provisions of subdivision (b) of this section, a Family Court judge may, at any time, recommend to the Appellate Division the removal of an attorney's name from a panel for good cause, including, but not limited to, misconduct or lack of diligence in performing assignments. The Appellate Division may, on its own motion at any time, remove an attorney's name from a panel.
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