NY Cty L § 722 (2021)
2021 New York Laws CNT - County Article 18-B - Representation of Persons Accused of Crime or Parties Before the Family Court or Surrogate's Court 722 - Plan for Representation.

§  722. Plan for representation. The governing body of each county and the governing body of the city in which a  county  is  wholly  contained shall  place  in  operation  throughout  the county a plan for providing counsel to persons charged with a crime or who are entitled  to  counsel pursuant  to  section  two  hundred  sixty-two or section eleven hundred twenty of the family court act, article six-C  of  the  correction  law, section  four  hundred  seven  of the surrogate's court procedure act or article ten of the mental hygiene law, who  are  financially  unable  to obtain  counsel.  Each plan shall also provide for investigative, expert and other services necessary for an adequate  defense.  The  plan  shall conform to one of the following:   1.  Representation  by  a public defender appointed pursuant to county law article eighteen-A.   2. In criminal proceedings, representation by counsel furnished  by  a private  legal  aid  bureau or society designated by the county or city, organized and operating to give legal assistance and  representation  to persons  charged  with  a  crime  within  the  city  or  county  who are financially unable to obtain counsel. In proceedings  under  the  family court  act,  representation by a private legal aid bureau or society, or by any corporation, voluntary association, or organization permitted  to practice  law  under  the  authority of subdivision five of section four hundred ninety-five of the judiciary law.   3. (a) Representation by counsel furnished pursuant to either or  both of the following: a plan of a bar association in each county or the city in  which  a  county  is  wholly  contained whereby: (i) the services of private counsel are rotated and coordinated  by  an  administrator,  and such  administrator  may  be  compensated for such service; or (ii) such representation is provided by an office of conflict defender.  (b) Any plan of a bar association must receive  the  approval  of  the office  of  indigent  legal  services  before  the  plan  is  placed  in operation. In the county of Hamilton, representation pursuant to a  plan of  a  bar  association in accordance with subparagraph (i) of paragraph (a) of this subdivision may be by counsel furnished by the Fulton county bar association pursuant to a plan of the Fulton county bar association, following approval of  the  office  of  indigent  legal  services.  When considering  approval of an office of conflict defender pursuant to this section,  the  office  of  indigent  legal  services  shall  employ  the guidelines  it  has  heretofore established pursuant to paragraph (d) of subdivision three of section eight hundred thirty-two of  the  executive law.  (c)  Any county operating an office of conflict defender, as described in subparagraph (ii) of paragraph (a) of this subdivision, as  of  March thirty-first,  two  thousand  ten  may  continue to utilize the services provided by such office provided that the county submits a plan  to  the state   administrator   within   one   hundred  eighty  days  after  the promulgation of criteria for the provision of conflict defender services by the office of indigent legal services. The authority to operate  such an  office  pursuant  to  this  paragraph  shall  expire  when the state administrator (or, on or after April first, two thousand  nineteen,  the office  of  indigent  legal services) approves or disapproves such plan. Upon approval, the county  is  authorized  to  operate  such  office  in accordance with paragraphs (a) and (b) of this subdivision.  (d)  For  purposes  of this subdivision, any plan of a bar association approved hereunder pursuant to this subdivision, as  provided  prior  to April  first,  two thousand nineteen, shall remain in effect until it is superseded by a plan approved by the office of indigent  legal  services or disapproved by such office.    4.  Representation according to a plan containing a combination of any of the foregoing. Any judge, justice or magistrate in assigning  counsel pursuant  to  sections 170.10, 180.10, 210.15 and 720.30 of the criminal procedure law, or in assigning counsel to a defendant when a hearing has been  ordered  in  a  proceeding upon a motion, pursuant to article four hundred forty of the criminal procedure law, to vacate a judgment or  to set  aside a sentence or on a motion for a writ of error coram nobis, or in assigning counsel pursuant to the provisions of section  two  hundred sixty-two  of  the family court act or section four hundred seven of the surrogate's court procedure act, or in assigning counsel to a  defendant when  a  case  has  been  calendared  for  consideration of resentencing pursuant to subdivision  four  of  section  six  hundred  one-d  of  the correction  law  or  when  a  court is otherwise called upon to consider whether a proper term of post-release supervision was imposed as part of a determinate sentence, shall assign  counsel  furnished  in  accordance with  a  plan  conforming to the requirements of this section; provided, however, that when the county or the city in which a  county  is  wholly contained  has  not  placed  in  operation  a  plan  conforming  to that prescribed in this subdivision or subdivision three of this section  and the  judge,  justice  or  magistrate  is  satisfied  that  a conflict of interest prevents the assignment of counsel  pursuant  to  the  plan  in operation,  or  when  the county or the city in which a county is wholly contained has not placed  in  operation  any  plan  conforming  to  that prescribed  in this section, the judge, justice or magistrate may assign any attorney in such county or city and, in such  event,  such  attorney shall  receive  compensation  and reimbursement from such county or city which shall be at the same  rate  as  is  prescribed  in  section  seven hundred  twenty-two-b  of  this article. When a case has been calendared for consideration  of  resentencing  pursuant  to  subdivision  four  of section  six  hundred  one-d  of  the  correction law or when a court is otherwise called upon to consider whether a proper term of  post-release supervision  was imposed as part of a determinate sentence, the attorney appointed should be the attorney  who  appeared  for  the  defendant  in connection  with  the  judgment  or  sentence  or,  if  the defendant is currently represented concerning his or her conviction  or  sentence  or with  respect  to an appeal from his or her conviction or sentence, such present counsel.   5. In classification proceedings under article six-C of the correction law or from an appeal thereof, representation shall be  according  to  a plan  described in subdivisions one, two, three or four of this section. If such plan includes representation by a private legal  aid  bureau  or society,  such  private  legal  aid  bureau  or  society shall have been designated to  give  legal  assistance  and  representation  to  persons charged with a crime.   Upon  an  appeal  in a criminal action, and on any appeal described in section eleven hundred twenty of the family court act, article six-C  of the  correction  law  or  section  four hundred seven of the surrogate's court procedure act, wherein the party is financially unable  to  obtain counsel,   the   appellate  court  shall  assign  counsel  furnished  in accordance with  the  plan,  conforming  to  the  requirements  of  this section,  which  is in operation in the county or in the city in which a county  is  wholly  contained  wherein  the  judgment   of   conviction, disposition, or order of the trial court was entered; provided, however, that  when  such  county  or  city  has  not  placed in operation a plan conforming to that prescribed in  subdivision  three  or  four  of  this section  and  such  appellate  court  is  satisfied  that  a conflict of interest prevents the assignment of counsel  pursuant  to  the  plan  in operation,  or  when such county or city has not placed in operation any  plan conforming to that prescribed in this section, such appellate court may assign any attorney in such county or city and, in such event,  such attorney  shall  receive compensation and reimbursement from such county or  city  which  shall  be  at the same rate as is prescribed in section seven hundred twenty-two-b of this chapter. Assignment of  counsel  upon an appeal in a criminal action pursuant to this subdivision, or pursuant to  paragraph  b  of  subdivision  one  of  section  thirty-five  of the judiciary law, includes authorization for  representation  by  appellate counsel,  or an attorney selected at the request of appellate counsel by the administrator of the plan in operation in the  county  (or  city  in which  a  county  is wholly contained) where the conviction was entered, with respect to the preparation and proceeding upon a  motion,  pursuant to article four hundred forty of the criminal procedure law, to vacate a judgment  or  to set aside a sentence or on a motion for a writ of error coram nobis; compensation and reimbursement for such representation  and expenses  shall  be  governed by sections seven hundred twenty-two-b and seven hundred twenty-two-c of this article.