reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.6 - Eligibility requirements

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) To be eligible for recommendation
						  for appointment to a panel designated pursuant to Family Court Act section 243
						  or to a panel established for attorneys assigned pursuant to Family Court Act
						  section 243, an attorney shall be a member in good standing of the bar of the
						  State of New York, shall have completed introductory continuing legal education
						  training sponsored by the attorneys for children program, and shall have served
						  as counsel or co-counsel in the Family Court in a minimum of three proceedings
						  under Family Court Act article 3, article 6 and article 10.
(b) The advisory committees
						  shall establish co-counsel or mentoring programs to provide experience to
						  admitted attorneys who wish to serve on the panel but lack the qualifications
						  required by subdivision (a) of this section.
(c) The minimum requirements may be
						  waived if, in the opinion of an advisory committee, the applicant is otherwise
						  qualified by reason of education, training or substantial trial
						  experience.
(d) Each
						  advisory committee may establish such additional requirements and procedures as
						  it sees fit, subject to the approval by the Appellate Division.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.7 - Designation of panels

Current through Register Vol. 46, No. 28, July
						  10, 2024
The Appellate Division shall designate
							 the attorneys for children panel for each county from attorneys recommended by
							 the advisory committees. Appointments to the panel shall not exceed one year,
							 but any panel member may be reappointed.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.8 - Periodic evaluation of attorneys for children

Current through
						  Register Vol. 46, No. 28, July 10, 2024
The advisory committees shall
							 establish procedures to periodically evaluate the representation provided to
							 juveniles by each member of an attorneys for children panel. In conducting the
							 periodic evaluation the advisory committees shall seek information from Family
							 Court judges and other appropriate and knowledgeable persons. The advisory
							 committees shall not recommend for reappointment any attorney whose
							 representation the committees determine to be unsatisfactory.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.9 - Training and education

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The advisory committees, in
							 cooperation with the director of the attorneys for children program shall
							 establish a training and education program for members of the attorneys for
							 children panels. Such a program may be established in conjunction with bar
							 associations, local law schools or other competent organizations. The advisory
							 committees shall make attendance at training programs a requirement for
							 continued membership on the attorneys for children panels.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.10 - Recommendation for removal

Current through Register Vol. 46, No. 28,
						  July 10, 2024
An advisory committee may, at any
							 time, recommend to the Presiding Justice that an attorney be removed from the
							 panel. Such recommendation shall be submitted in writing, together with a
							 report of the basis for such recommendation. Such recommendation shall not be
							 required where an attorney is not reappointed at the expiration of his or her
							 term. The Presiding Justice shall have the power to remove members of the
							 Family Court attorneys for children panels and members of panels established
							 for attorneys assigned pursuant to Family Court Act, section
							 262.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.11 - Assignments of counsel

Current through Register Vol. 46, No. 28, July
						  10, 2024
Assignments of counsel by the Family
							 Court, Supreme Court or Surrogate's Court to represent children in proceedings
							 wherein compensation is paid privately by one or more of the parties, or is
							 authorized pursuant to Judiciary Law, section 35 shall be made from the
							 attorneys for children panels designated pursuant to these rules. This section
							 shall not apply to institutional providers appointed pursuant to Family Court
							 Act, section 243(a).
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.12 - Annual evaluations

Current through Register Vol. 46, No. 28,
						  July 10, 2024
On June 30th of each year, each
							 attorneys for children advisory committee shall submit to the Appellate
							 Division an evaluation of the operation of the plan and the training programs,
							 and recommendations as to procedures, if any, which should be adopted to
							 improve the performance thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.13 - Annual reports

Current through Register Vol. 46, No. 28, July
						  10, 2024
A report of the operation of the
							 attorneys for children panels shall be filed by the Appellate Division with the
							 Chief Administrator of the Courts on August 1st of each year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.14 - Compensation of attorneys for children

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Claims by attorneys for children
						  for services rendered pursuant to Family Court Act, section 245 shall be
						  submitted for approval to the Family Court Judge on forms authorized by the
						  Chief Administrator of the Courts. After approval of modification, the Family
						  Court shall forward the claim to the Appellate Division for review by the
						  Presiding Justice or his or her designee. If approved, the Presiding Justice or
						  designee shall certify the claim to the Comptroller for payment.
(b) Claims for compensation by
						  attorneys for children in excess of the statutory limits set by Family Court
						  Act, section 245 and Judiciary Law, section 35 shall be accompanied by a sworn
						  statement by the attorney for the child describing the nature of the
						  proceeding, specifying the time and services rendered and expenses incurred,
						  and detailing the circumstances deemed to be extraordinary that justify a fee
						  in excess of the statutory limits. In the absence of the attorney for the
						  child's supporting affidavit, excess compensation shall not be allowed. The
						  Family Court, in granting an excess compensation claim, shall make a written
						  finding setting forth the extraordinary circumstances justifying a fee in
						  excess of statutory limits.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 679 - Family Court Attorneys For Children Plan › Section 679.15 - Construction

Current through Register Vol. 46, No. 28, July 10,
						  2024
Nothing contained in this Part shall
							 be construed to limit the powers of the Appellate Division, the Presiding
							 Justice, or the administrator of the assigned counsel plan, otherwise granted
							 pursuant to law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.1 - Access to mental health professionals

Current through Register Vol. 46,
						  No. 28, July 10, 2024
In custody and visitation,
							 delinquency, persons in need of supervision, child abuse and neglect,
							 termination of parental rights, family offense, and adoption cases, an
							 evaluation of the parties by a mental health professional is often necessary to
							 assist the court in reaching an appropriate decision. To assure that the court
							 and the parties have access to qualified mental health professionals, a panel
							 of social workers, psychologists and psychiatrists shall be established in the
							 First and Second Judicial Departments in accordance with this Part and Part 623
							 of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.2 - Mental health professionals certification committee

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) A mental health
						  professionals certification committee shall be established for the First and
						  Second Judicial Departments.
(b) The committee shall be composed of
						  no fewer than two justices of the Supreme Court, two judges of the Family
						  Court, two lawyers, two social workers, two psychologists, and two
						  psychiatrists. Half of the members in each class shall be appointed by the
						  Presiding Justices of the First and Second Departments of the Appellate
						  Division, respectively, for three-year terms. Committee members shall be
						  eligible for reappointment for additional terms. The Law Guardian Directors for
						  the Appellate Division in the First and Second Judicial Departments,
						  respectively, or their designees, shall be ex-officio members.
(c) The members of the
						  committee shall serve as volunteers, authorized to participate in a
						  State-sponsored volunteer program within the meaning of the Public Officers
						  Law, §17.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.3 - Duties of mental health professionals certification committee

Current
						  through Register Vol. 46, No. 28, July 10, 2024
Subject to the supervision of the
							 Presiding Justices of the Appellate Division of the First and Second Judicial
							 Departments, the mental health professionals certification committee shall
							 establish procedures for:
(a) the appointment of applicants for
						  membership on the panel of mental health professionals;
(b) periodic evaluation of
						  panel members;
(c)
						  training of panel members;
(d) investigating complaints made
						  against panel members; and
(e) removal of mental health
						  professionals from the panel.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.4 - Establishment of mental health professionals panel

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility requirements.
						  A member of the mental health professionals panel shall:
(1) be a social worker, psychologist,
						  or psychiatrist licensed by the State of New York;
(2) complete six hours of
						  introductory training approved by the Presiding Justices of the Appellate
						  Division of the First and Second Judicial Departments;
(3) demonstrate that he or she
						  has forensic experience, including having testified as an expert and/or having
						  submitted a clinical report in connection with one or more of the following
						  types of court proceedings: custody and visitation, delinquency, persons in
						  need of supervision, child abuse and neglect, termination of parental rights,
						  family offense, and adoption;
(4) maintain professional malpractice
						  insurance; and
(5)
						  meet such additional requirements as shall be established by the mental health
						  professionals certification committee with the approval of the Presiding
						  Justices of the Appellate Divisions of the First and Second Judicial
						  Departments.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.5 - Appointment of mental health professionals from panel

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Appointment. A court may
						  appoint a mental health professional or professionals to evaluate adults and
						  children in any case involving custody and visitation, delinquency, persons in
						  need of supervision, child abuse and neglect, termination of parental rights,
						  family offense, and adoption wherein compensation is paid privately or pursuant
						  to Judiciary Law, §35 or County Law, article 18-B. Such appointments shall
						  be from the mental health professionals panel promulgated pursuant to these
						  rules. A court, upon a finding of good cause, may appoint a mental health
						  professional who is not a member of the mental health professionals panel. The
						  court's finding shall be set forth in order of appointment. This section shall
						  not apply to providers of mental health services pursuant to a governmental
						  contract.
(b) Order
						  of appointment. The court appointing a mental health professional shall issue a
						  written order setting forth the terms and conditions of the appointment
						  including the method and rate of compensation and by whom such compensation is
						  to be paid. A copy of the order shall be provided to the mental health
						  professional and to every party to the case, including the attorney, if any,
						  for each child.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.6 - Compensation of mental health professionals

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) The compensation for mental health
						  professionals appointed pursuant to Judiciary Law, section 35 or County Law,
						  section 722-c shall be set in accordance with guidelines promulgated by the
						  Chief Administrator of the Courts. Applications for payment for services
						  rendered pursuant to those sections shall be submitted for approval to the
						  court that appointed the panel member on forms authorized by the Chief
						  Administrator of the Courts or by the appropriate local fiscal
						  authority.
(b) The
						  compensation of mental health professionals appointed in cases in which their
						  fees shall be borne in whole or in part by the parties shall be at rates fixed
						  by the court in accordance with the charge for such services prevailing in the
						  community and the financial circumstances of the parties. Such compensation
						  shall not exceed a sum certain to be set forth in the order of appointment,
						  which sum shall be based on the selected rate and the estimated number of hours
						  required to perform the necessary services, except that if, in the judgment of
						  the mental health professional, the number of hours required to perform the
						  necessary services is likely to exceed the number set forth in the order of
						  appointment, he or she may make application to the court to amend that order by
						  increasing the number of hours accordingly. The application shall be made by
						  letter, a copy of which shall be forwarded to the party or parties responsible
						  for the payment of the fee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.7 - Training and education

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The mental health professionals
							 certification committee shall establish a training and education program for
							 members of the mental health professionals panel. The program may be
							 established in cooperation with relevant professional organizations. The
							 committee may make attendance at training sessions a requirement for continued
							 membership on the panel of mental health professionals.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.8 - Periodic evaluation of panel members

Current through Register
						  Vol. 46, No. 28, July 10, 2024
The mental health professionals
							 certification committee shall establish procedures by which it shall
							 periodically evaluate the work performed by each member of the panel of mental
							 health professionals. In conducting its evaluation the committee shall seek
							 information from judges and other appropriate and knowledgeable persons. The
							 committee shall not recommend for reappointment to the panel any member whose
							 performance has been determined to be unsatisfactory.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.9 - Removal

Current through Register Vol. 46, No. 28, July 10,
						  2024
The Presiding Justices of the
							 Appellate Division of the First and Second Judicial Departments may, by joint
							 order, remove members of the mental health professionals panel. The mental
							 health professionals certification committee may, at any time, recommend to the
							 presiding justices that a mental health professional be removed from the
							 panel.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 680 - Mental Health Professionals Panel › Section 680.10 - Annual report of the mental health professionals certification committee

Current through Register Vol. 46, No. 28, July 10,
						  2024
On June 1st of each year the mental
							 health professionals certification committee shall submit to the Presiding
							 Justices of the Appellate Division in the First and Second Judicial Departments
							 an annual report containing an evaluation of the operation of the mental health
							 professionals panel and the training program and any recommendations concerning
							 measures that should be adopted to improve the performance of the panel and the
							 training program. A copy of that report shall be forwarded to the Chief
							 Administrator of the Courts.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.1 - Questionnaire and statement

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The prescribing by the committee on
							 character and fitness for each judicial district in the second department of a
							 form of questionnaire and statement, as authorized by CPLR 9404, and the
							 amendment thereof from time to time under the supervision and direction of the
							 presiding justice, are hereby approved by this court and the justices
							 thereof.
[FN*] See Appendix B-3,
							 infra.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.2 - Clerk of court may divulge to governmental agencies papers and records on applications for admission to the bar

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The clerk of the Appellate Division of
							 the Supreme Court, second judicial department, is hereby authorized, without
							 further court order, to divulge and make available to any department, agency,
							 board, bureau, court or judge of the Federal, State or local governments, upon
							 an appropriate written request, the papers and records on any application to
							 said court for admission to the bar and on any motion incident or related to
							 such application.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.3 - Admission without examination; pro hac vice

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) For a particular cause. An attorney
						  and counselor-at-law or the equivalent from another state, territory, district
						  or foreign country may be admitted pro hac vice to participate in the trial or
						  argument of a particular cause in which the attorney may be employed, upon
						  application to and in the discretion of the court in which the cause is
						  pending.
(b)
						  Graduate students, graduate assistants and law school teachers. An attorney and
						  counselor-at-law or the equivalent from another state, territory, district or
						  foreign country, who is a graduate student or graduate assistant enrolled in an
						  approved law school in this department, or a teacher employed in such a law
						  school, may apply to this court, by duly verified petition, for admission pro
						  hac vice, to advise and represent clients or participate in the trial or
						  argument of any case during the continuance of such enrollment or employment,
						  if engaged to advise or represent such clients through participation in an
						  organization, described in subdivision 7 of section
						  495 of the
						  Judiciary Law.
(c)
						  Law school graduates. An attorney and counselor-at-law or the equivalent from
						  another state, territory, district or foreign country, who is a graduate of an
						  approved law school, may apply to this court, by duly verified petition, for
						  admission pro hac vice, to advise and represent clients and participate in the
						  trial or argument of any case while employed or associated with an
						  organization, described in subdivision 7 of section
						  495 of the
						  Judiciary Law, whose principal office is located in this department; but such
						  admission pro hac vice shall be for no longer than 18 months.
(d) Term for rendering legal
						  services. Upon granting of the applicant's petition pursuant to either
						  subdivision (b) or (c) of this section, the applicant may render the specified
						  legal services for the organization with which applicant is associated or
						  employed in any court of this State for the period specified in this court's
						  order granting said applicant' s petition.
(e) Filing of annual report by the
						  organization. Every organization, described in subdivision 7 of section
						  495 of the
						  Judiciary Law, employing attorneys admitted pro hac vicepursuant to
						  subdivisions (b) and (c) of this section shall file an annual report with this
						  court on or about January 31st supplying the names and addresses of the
						  attorneys and the type of legal services in which they are engaged in the
						  courts of this State.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.4 - Volunteer program

Current through Register Vol. 46, No. 28, July
						  10, 2024
The members of the committees on
							 character and fitness, as volunteers, are expressly authorized to participate
							 in a State-sponsored volunteer program within the meaning of subdivision 1 of
							 section
							 17 of the
							 Public Officers Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.5 - Filing of application papers

Current through Register Vol. 46,
						  No. 28, July 10, 2024
Every applicant for admission to
							 practice as an attorney and counselor at law pursuant to subdivision 1(a) or
							 1(b) of section
							 90 of the
							 Judiciary Law, may obtain the standard forms and instructions for that purpose
							 from the secretary of the committee on character and fitness. Every applicant
							 for admission to practice pursuant to subdivision 1(a) of section
							 90 of the
							 Judiciary Law may obtain such forms and instructions immediately after taking
							 the bar examination, and may file a completed application, consisting of the
							 standard form of questionnaire and the other required papers as directed by the
							 instructions, at any time thereafter, regardless of whether the results of the
							 bar examination have yet been issued. As soon as the applicant shall receive a
							 letter from the State Board of Law Examiners stating that the applicant has
							 passed the bar examination, the applicant shall file that letter with the
							 secretary of the committee on character and fitness, and if the applicant's
							 questionnaire was verified more than 45 days prior to such filing, the
							 applicant shall also file a supplemental affidavit stating whether there have
							 been any changes in the facts stated therein and setting forth any such
							 changes.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.6 - Referral to committee on character and fitness

Current through
						  Register Vol. 46, No. 28, July 10, 2024
Every completed application shall be
							 referred for investigation of the applicant's character and fitness to a
							 committee on character and fitness designated by the Appellate Division of the
							 department to which the applicant is eligible for certification by the State
							 Board of Law Examiners after passing the bar examination, or to which the
							 applicant is applying for admission without examination in accordance with the
							 rules of the Court of Appeals for the admission of attorneys and counselors at
							 law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.7 - Quorum for committee action

Current through Register Vol. 46, No.
						  28, July 10, 2024
A majority of the entire committee
							 shall constitute a quorum for the transaction of business by a committee on
							 character and fitness if it consists of less than 10 members, and one fifth of
							 the entire committee, but not less than five members, shall constitute a quorum
							 if it consists of 10 or more members.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.8 - Investigation and interview

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The committee may commence the
							 required investigation at any time after the applicant's completed application
							 has been filed, except that the personal interview of an applicant for
							 admission pursuant to subdivision 1(a) of section
							 90 of the
							 Judiciary Law shall not be held until after the applicant has been notified by
							 the State Board of Law Examiners that the applicant has passed the bar
							 examination and has been certified to apply for admission. The committee may
							 itself conduct the required investigation, including an interview of the
							 applicant, or it may authorize its chairman or acting chairman to designate one
							 or more of its members to do so and to make a recommendation to the
							 committee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.9 - Procedure upon recommendation of approval

Current through Register
						  Vol. 46, No. 28, July 10, 2024
If the committee shall approve the
							 application following its own investigation, or if it shall accept a
							 recommendation of approval submitted by the member or members conducting an
							 investigation pursuant to designation, the chairman or acting chairman shall
							 certify to the Appellate Division on behalf of the committee that the applicant
							 possesses the requisite character and fitness.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.10 - Procedure upon recommendation of disapproval, deferral or committee consideration

Current through Register Vol. 46, No.
						  28, July 10, 2024
If the committee shall fail to approve
							 the application following its own investigation, or following a recommendation
							 submitted by the member or members conducting an investigation pursuant to
							 designation that the application be disapproved or that action thereon be
							 deferred, a hearing on the application shall be held expeditiously before the
							 committee or a subcommittee of at least two members designated by the chairman
							 or acting chairman. Such a hearing shall also be held if the member or members
							 conducting an investigation pursuant to designation shall recommend
							 consideration of the application by the committee and the committee shall fail
							 to approve the application following such consideration.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.11 - Notice of hearing; waiver

Current through Register Vol. 46, No.
						  28, July 10, 2024
Unless waived in writing by the
							 applicant, a written notice of hearing of not less than 20 days, specifying the
							 time and place of the hearing, shall be served on the applicant. In addition,
							 the notice of hearing shall inform the applicant of the matters to be inquired
							 into and of the applicant's right to be represented by an attorney, and such
							 information shall also be given to the applicant prior to the hearing if the
							 applicant has waived notice of hearing.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.12 - Procedure at hearing

Current through Register Vol. 46, No. 28, July
						  10, 2024
At the hearing, hearsay evidence may
							 be received and considered and adherence to strict rules of evidence shall not
							 be required. The applicant shall be given an opportunity to call and
							 cross-examine witnesses and to challenge, examine and controvert any adverse
							 evidence. Upon timely request, subpoenas for the attendance of witnesses or the
							 production of papers shall be issued to the applicant by the clerk of the
							 Appellate Division, the subpoena fees and mileage to be paid by the
							 applicant.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.13 - Stenographic record or tape recording

Current through Register Vol.
						  46, No. 28, July 10, 2024
A stenographic record or tape
							 recording shall be made of the hearing, and the applicant may obtain a
							 transcript or copy of the recording at the applicant's
							 expense.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.14 - Decision or report following hearing

Current through Register Vol.
						  46, No. 28, July 10, 2024
Where the hearing has been conducted
							 by the committee, the committee shall render a decision, and where the hearing
							 has been conducted by a subcommittee, the subcommittee shall render a report,
							 within 60 days after the matter is finally submitted, unless the time is
							 extended by consent of the applicant or order of the Appellate Division. The
							 decision of the committee or the report of the subcommittee, as the case may
							 be, may recommend approval or disapproval of the applicant or deferral of
							 action on the application for a period not to exceed six
							 months.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.15 - Transmittal of decision to Appellate Division following hearing conducted by committee

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Where the hearing has been conducted
							 by the committee, the committee shall transmit its decision to the Appellate
							 Division, together with the appropriate certificate if it recommends approval
							 of the applicant. If the decision recommends disapproval of the applicant or
							 deferral of action on the application, it shall include a statement of the
							 grounds on which it is based, and a copy thereof shall be served on the
							 applicant or the applicant's attorney.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.16 - Review by committee following hearing conducted by subcommittee

Current through Register Vol. 46, No. 28, July 10,
						  2024
Where the hearing has been conducted
							 by a subcommittee, the subcommittee's report and the stenographic record or
							 tape recording of the hearing shall be referred for consideration and review to
							 the committee, which shall render a decision thereon expeditiously. The
							 committee's decision may confirm, reverse or modify the subcommittee's report,
							 or direct that a further hearing be held before the same or another
							 subcommittee. If the committee's decision recommends disapproval of the
							 applicant or deferral of action on the application, it shall include a
							 statement of the grounds on which it is based, and a copy thereof shall be
							 served on the applicant or the applicant's attorney. The decision shall be
							 transmitted to the Appellate Division, together with the appropriate
							 certificate, if it recommends approval of the applicant. The deliberations of
							 the committee shall be confidential and the applicant shall not be entitled to
							 compel disclosure thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.17 - Appellate Division review of committee's recommendation

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) If the committee's recommendation is
						  adverse to the applicant, the applicant may, within 60 days after service of a
						  copy thereof, petition the Appellate Division, in accordance with rule 9404 of
						  the Civil Practice Law and Rules, on notice of not less than eight days served
						  on the committee together with any supporting papers, for an order granting the
						  application for admission to practice notwithstanding the committee's
						  recommendation.
(b) If the
						  committee recommends approval of the applicant, that recommendation shall be
						  reviewed by the Appellate Division. The applicant shall have 60 days from
						  service of a copy of the committee's recommendation to make whatever submission
						  to the Appellate Division, on notice to the committee, the applicant deems
						  appropriate.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.18 - Petition to Appellate Division in case of unreasonable delay

Current through Register Vol. 46, No. 28, July 10,
						  2024
In any case in which it is claimed
							 that the committee has unreasonably delayed action on an application for
							 admission to practice, the applicant may petition the Appellate Division, in
							 accordance with rule 9404 of the Civil Practice Law and Rules, on notice of not
							 less than eight days served on the committee together with any supporting
							 papers, for an order granting the application notwithstanding the committee's
							 failure to complete action thereon, or for other appropriate
							 relief.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.20 - Manner of service

Current through Register Vol. 46, No. 28, July
						  10, 2024
Service of any notice or other papers
							 required under any of these rules may be made by mail or in the manner provided
							 for service of a summons.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 690 - Admission To Practice Of Attorneys And Counselors-at-law › Section 690.21 - Orientation to the profession

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a) Orientation program. This court
						  shall regularly conduct an orientation program on the subject of professional
						  ethics and related topics for applicants seeking admission to practice as
						  attorneys and counselors-at-law.
(b) Required attendance. Every person
						  admitted to the practice of law after January 1, 2006, shall have attended and
						  successfully completed such an orientation program within one year prior to the
						  date of admission.
(c) Waivers. The Presiding Justice or
						  his or her designee may, in individual cases involving undue hardship or
						  extenuating circumstances, upon written request, grant waivers and
						  modifications of this requirement.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.1 - Application

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) This Part shall
						  apply to all attorneys who are admitted to practice, reside in, commit acts in
						  or who have offices in the Second Judicial Department, or who are admitted to
						  practice by a court of another jurisdiction and who regularly practice within
						  this department as counsel for governmental agencies or as house counsel to
						  corporations or other entities, or otherwise. In addition, any attorney from
						  another state, territory, district or foreign country admitted
pro hac
						  vice
to participate in the trial or argument of a particular cause in
						  any court in the Second Judicial Department, or who in any way participates in
						  an action or proceeding therein, shall be subject to this Part. This Part
						  serves as a supplement to, and should be read in conjunction with the Rules for
						  Attorney Disciplinary Matters (Part 1240 of this Title). Where this Part is in
						  conflict with those rules, this Part shall control.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.2 - Professional misconduct defined

Current through Register Vol. 46,
						  No. 28, July 10, 2024
Any attorney who fails to conduct
							 himself, either professionally or personally, in conformity with the standards
							 of conduct imposed upon members of the bar as conditions for the privilege to
							 practice law, and any attorney who violates any provision of the rules of this
							 court governing the conduct of attorneys, or any of the Rules of Professional
							 Conduct set forth in Part 1200 of this Title, or any other rule or announced
							 standard of this court governing the conduct of attorneys, shall be deemed to
							 be guilty of professional misconduct within the meaning of subdivision (2) of
							 section
							 90 of the
							 Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.5 - Investigation of professional misconduct on the part of an attorney; subpoenas and examination of witnesses under oath

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Upon application by the chairman or
						  acting chairman of any such committee, or upon application by counsel to such
						  committee, disclosing that such committee is conducting an investigation of
						  professional misconduct on the part of an attorney, or upon application by an
						  attorney under such investigation, the clerk of this court may issue subpoenas,
						  in the name of the presiding justice, for the attendance of witnesses and the
						  production of books and papers before such committee or such counsel, or any
						  subcommittee thereof designated in such application, at a time and place
						  therein specified.
(b) Any such committee or a
						  subcommittee thereof is empowered to take and cause to be transcribed the
						  evidence of witnesses who may be sworn by any person authorized by law to
						  administer oaths.