New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter D - Fourth Judicial Department
Article 1 - Appellate Division
Subarticle B - Special Rules
Part 1032 - Operation of Attorneys for Children Program
Section 1032.4 - Attorneys for children panel
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 1032.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Initial designation to attorneys for children panel.
(1)
Eligibility. An attorney is eligible for designation as a member of the
attorneys for children panel 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 and in any other jurisdiction in
which the attorney is admitted to the practice of law;
(ii) has attended 17 hours of
attorneys for children introductory training sponsored by the attorneys for
children program; and
(iii) has obtained experience in
attorneys for children representation by appearing either as attorney of
record, associate counsel or co-counsel for a party in a minimum of three
proceedings under article 3, article 6, article 7, or article 10 of the Family
Court Act; or has been found by a Family Court judge to be well qualified by
reason of education, training or substantial trial experience.
(2) Application. An
attorney may, at any time, apply for membership on a county attorneys for
children panel in this department. Such application shall be in the form
prescribed by the Appellate Division and shall be submitted for consideration
to the supervising judge of Family Court in those counties where the
supervising judge sits and in other counties to the senior Family Court
judge.
(3) Action by
the Family Court judge. The supervising or senior 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 for
consideration by the Appellate Division. If the judge finds the attorney to be
well qualified under subparagraph (1)(iii) of this subdivision, the judge shall
submit the basis of the finding in writing to the Appellate Division.
(ii) When the judge determines
for good cause that an attorney should not be designated as an attorney for
children panel member, the judge shall deny the application and state the
reason for the denial in writing. The attorney may request reconsideration 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 an attorney
requests such waiver in writing, endorsed by the supervising or senior Family
Court judge; and:
(i) 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 an attorney for children panel based upon a
waiver granted pursuant to this paragraph must attend 17 hours of introductory
training sponsored by the attorneys for children program within one year of
designation.
(5) Action by the Appellate Division.
Upon receipt of the application and the recommendation of the supervising or
senior Family Court judge that an attorney be placed on the attorneys for
children panel, the Appellate Division shall:
(i) designate the attorney to a county
panel;
(ii) request
further information from the applicant, which may include an interview;
or
(iii) decline to
designate the attorney to a county panel. If not designated to a county panel,
the attorney shall be informed of the basis of the decision and may request
reconsideration.
(b) Redesignation of panels.
(1) The Appellate Division
shall, on or before April 1st of each year, designate an annual attorneys for
children panel for each county in the department from lists of attorneys who
have been found competent by the Family Court judge(s) in those counties upon
consideration of the following factors:
(i) legal knowledge;
(ii) rapport with
clients;
(iii)
vigorous advocacy;
(iv) case preparation; and
(v) courtroom
demeanor.
(2) To be eligible for redesignation to
a panel, and an attorney for children shall:
(i) have completed by January 1, 2011,
five hours of initial training, sponsored by the attorneys for children program
on domestic violence, its effect on victims and on children, and the
relationship between such dynamics and the issues considered by the court,
including, but not limited to, custody, visitation and child support;
(ii) have completed within the
preceding two years at least one training program sponsored by the attorneys
for children program, including ongoing training on domestic violence as
incorporated into the attorneys for children training curriculum. If prior
approval is obtained from the Appellate Division, attendance at an appropriate
educational and training program sponsored or cosponsored by another New York
State Judicial Department, bar association, law school or legal aid society,
may be substituted for training sponsored by the attorneys for children
program; and
(iii)
have been found competent by the Family Court judge(s) of the county upon
consideration of the factors of attorneys for children competency set forth in
subparagraphs (1)(i)-(v) of this subdivision.
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