2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 14 - New York State Higher Education Services Corporation › Part 2 - Student Financial Aid › Sub Part 4 - Other Awards › 679-E - New York State District Attorney and Indigent Legal Services Attorney Loan Forgiveness Program.

§  679-e. New York state district attorney and indigent legal services
attorney loan forgiveness program. 1. Purpose. The president shall grant
student loan forgiveness awards for the purpose of increasing the number
of experienced attorneys serving in the position of district attorney or
indigent legal services attorney in the counties of the state.
2. Definitions. a. (i) "Eligible attorney" means an attorney, who is a
resident of and is admitted to practice law in New York  state,  who  is
employed  full-time  as  either  a  district  attorney,  as  defined  in
subparagraph (ii) of this  paragraph,  or  an  indigent  legal  services
attorney,  as  defined  in  subparagraph (iii) of this paragraph, who is
admitted to practice law in this state for not more than eleven years or
who was within the eligible period as defined in  paragraph  b  of  this
subdivision  during  the time for which such person is seeking a student
loan expense grant. Notwithstanding the foregoing, an eligible  attorney
shall  include  those  district  attorney  applicants  who  were awarded
program eligibility and who provided  qualified  service  between  April
first,  two  thousand eight and March thirty-first, two thousand eleven;
such an eligible attorney shall remain eligible to  participate  in  the
program  provided  they  are within an eligible period measured from six
years from the date which such attorney was first employed as a district
attorney.
(ii) "District attorney" means the district attorney  of  one  of  the
counties  of the state or an employee of the office of any such district
attorney.
(iii) "Indigent legal services attorney" means an attorney who  is  an
employee  of  (A)  any  agency designated by subdivisions one and two of
section seven hundred twenty-two of the county law, who  is  engaged  in
the  practice  of criminal law on behalf of persons charged with a crime
who are financially unable  to  obtain  counsel;  (B)  a  not-for-profit
corporation  that  is  exempt  from  the payment of federal income taxes
pursuant  to  section  501(c)(3)  of  the  internal  revenue  code   and
established  for  the  purpose  of providing legal services that include
civil  legal  services  to  persons  within  New  York  state  who   are
financially  unable  to  obtain  counsel;  or (C) an agency specified in
clause (A) of this subparagraph and/or a corporation specified in clause
(B) of this subparagraph and who provides a combination of the civil and
criminal services specified therein.
b. "Eligible period" means the six-year period after completion of the
third year and before the commencement of the tenth year  of  employment
as  an  eligible  attorney. For purposes of this section, all periods of
time during which an admitted  attorney  was  employed  as  an  eligible
attorney  and  all  periods  of  time during which a law school graduate
awaiting admission  to  the  New  York  state  bar  was  employed  by  a
prosecuting  or  criminal  defense  agency  as permitted by section four
hundred eighty-four of the judiciary law shall be combined.
c. "Student loan expense" means the total loan balance required to  be
paid  by the eligible attorney on the cumulative total of the attorney's
outstanding student loans covering his or her cost of attendance  at  an
undergraduate  institution  and/or  law  school,  at  the  time  of  the
attorney's first application for reimbursement. Interest paid or due  on
such  loans  shall  be  considered eligible for reimbursement under this
program. For purposes of this calculation, the  amount  of  the  student
loan  expenses  shall  be  reduced  by  any grants, loan forgiveness, or
similar reductions to the attorney's indebtedness that the attorney  has
received  or  shall  receive,  including, but not limited to, law school
loan forgiveness and public service scholarships.
d. "Year of qualified service" means the twelve month period  measured
from  the  anniversary  of  the  attorney's  employment  as  an eligible

attorney, or as a law school graduate awaiting admission to the New York
state bar employed by  a  prosecuting  or  criminal  defense  agency  as
permitted  by  section  four  hundred  eighty-four of the judiciary law,
adjusted  for  any  interruption  in employment. Any period of temporary
leave from service taken by an eligible attorney shall not be considered
in  the  calculation  of  qualified  service.  However,  the  period  of
temporary  leave  shall  be considered an interruption in employment and
the calculation of the time period of qualified service shall recommence
when the eligible attorney returns to full time service.
3. Awards. a. An eligible attorney may apply for  reimbursement  after
the  completion  of each year of qualified service provided however that
reimbursement to each eligible attorney shall not exceed three  thousand
four  hundred  dollars,  per  qualifying year, subject to appropriations
available therefor. The president  may  establish:  (i)  an  application
deadline  and (ii) a method of selecting recipients if in any given year
there are insufficient funds to cover the needs of all  the  applicants.
Awards  shall  be  within  the amounts appropriated for such purpose and
based on availability of funds.
b. An eligible attorney may apply after the completion of  the  fourth
year  of qualified service, and annually thereafter after the completion
of the fifth through ninth year of qualified service,  and  may  seek  a
student  loan  expense  grant  for  only  the previous year of qualified
service within the time periods prescribed by the president. An eligible
attorney may receive student loan expense grants for no  more  than  six
years of qualified service within an eligible period.
4.  Rules  and  regulations.  The president shall promulgate rules and
regulations for the administration of this program.  The  president  may
promulgate  rules  and regulations to delegate to the entities employing
the eligible attorneys the  responsibility  to  certify  the  employment
status and the student loan balance of the applicants.