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 835.3 - Assignment of attorneys for children

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 835.3

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Any attorney designated to a panel in a county may also be assigned as an attorney for the child in any other county in the third department, provided the assigning Family Court judge has obtained the prior approval of a Family Court judge of the county in which the attorney has been designated to a panel and of the Appellate Division.

(b) The following factors, among others, should be considered when assignments are made, subject to the discretion of the appointing judge:

(1) the experience and qualifications of the attorney;

(2) the nature and difficulty of the case;

(3) continuity of representation of the minor in successive proceedings; and

(4) that assignments among panel attorneys are made in a fair and impartial manner.

(c) No attorney, including one who serves as a judge or justice of a city, town or village court, or law clerk to a judge or justice, shall be assigned or accept assignment in any court as an attorney for the child when such assignment may involve a legal or ethical conflict of interest. An attorney who serves as district attorney, county attorney, or municipal corporation counsel, or as an assistant in any such office, shall not be assigned or accept assignment in any court as an attorney for the child in the county where the attorney so serves in any type of proceeding in which such office could represent a party. Whenever an attorney accepts employment in any of the above offices, the attorney shall inform the Family Court of any county in which he or she serves on a panel of such employment. The attorney may complete any matter previously assigned, provided the assigning judge approves of the completion of such assignment and provided completion of such assignment involves no legal or ethical conflict of interest.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.