2023 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.