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 B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.5-a - Formal disciplinary proceeding; subpoenas, depositions, and motions

Current through Register Vol. 46, No. 28, July 10,
						  2024
In the event that a formal
							 disciplinary proceeding pursuant to section
							 90 of the
							 Judiciary Law or other provision of this part is commenced in this court
							 against an attorney, the following shall apply:
(a) Subpoenas. Upon application by the
						  petitioner or the respondent, the clerk of this court may issue subpoenas for
						  the attendance of witnesses and the production of books and papers before the
						  referee, justice, or judge designated by the court to conduct a hearing on the
						  issues raised in the proceeding, at a time and place therein
						  specified.
(b)
						  Depositions. When there is good cause to believe that a potential witness will
						  be unavailable at the time of a hearing, the testimony of that witness may be
						  taken by deposition. Such a deposition shall be initiated and conducted in the
						  manner provided by, and the use thereof at a hearing shall be in accordance
						  with, the provisions of article 31 of the Civil Practice Law and
						  Rules.
(c) Motions.
						  Motions made during the course of a formal disciplinary proceeding shall be
						  addressed to the court and shall be made and noticed in the manner provided in
						  section 670.5 of this Title. The court may
						  refer the motion to a referee, justice, or judge appointed by it to either hear
						  and determine or hear and report on the same.
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 691.6 - Admonition; letter of advisement; confidentiality

Current through
						  Register Vol. 46, No. 28, July 10, 2024
A confidential record of the proceedings resulting in
							 such admonition or letter of advisement shall be permanently maintained by 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 691 - Conduct Of Attorneys › Section 691.7 - Attorneys convicted of crimes

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The clerk of any court within the judicial department
							 in which an attorney admitted to practice in this State is convicted of a crime
							 shall within five days of said conviction forward a certificate thereof to the
							 committee having jurisdiction over the matter pursuant to section
							 691.4(a) of this
							 Part and section
							 1240.12 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 B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.11 - Reinstatement following suspension, disbarment, striking of name from roll of attorneys, or non-disciplinary resignation

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) In addition to the requirements of
						  section 1240.16 of this Title, an
						  applicant for reinstatement after disbarment or after suspension for a period
						  of more than six months mush establish that during the period of disbarment or
						  suspension and within the two years preceding reinstatement, he or she has
						  successfully completed one credit hour of continuing education accredited in
						  accordance with Part 1500 of this Title for each month of disbarment or
						  suspension up to a maximum of 24 credits. Compliance with this subdivision may,
						  upon request of the applicant, be deferred pending notification that the court
						  has conditionally granted the application for reinstatement subject to the
						  completion of required continuing legal education.
(b) A respondent seeking reinstatement after
						  suspension based solely upon a violation of the registration requirements set
						  forth in Judiciary Law section 468-a may file an application for reinstatement
						  at any time after suspension in the form prescribed at Appendix D in Part 1240
						  of this Title. Such applicant may, in the discretion of the court, be required
						  to comply with the continuing legal education requirements of subdivision (a)
						  of this section.
(c) In addition to
						  the requirements of section
						  1240.22(b) of
						  this Title, an applicant for reinstatement after a non-disciplinary resignation
						  must establish that within two years preceding such application the applicant
						  has successfully completed a minimum of eight credit hours of continuing
						  education accredited in accordance with Part 1500 of this Title as follows:
(1) six credit hours of skills and/or law
						  practice management credits as those terms are defined in section
						  1500.2(d), (e) of
						  this Title, which specifically relate to the practice of law in New
						  York;
(2) one credit hour of ethics
						  and professionalism as that term is defined in section
						  1500.2(c) of this
						  Title; and
(3) one credit hour of
						  diversity, inclusion and elimination of bias as that term is defined in section
						  1500.2(g) of this
						  Title. Such applicant may, in the discretion of the court, be required to
						  successfully complete additional credit hours of continuing education as a
						  condition of reinstatement.
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 691.11-a - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 691.12 - Regulations and procedures for random review and audit and biennial affirmation of compliance

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Availability of bookkeeping
						  records; random review and audit. The financial records required by rule 1.15
						  of Part 1200 of this Title shall be available at the principal New York State
						  office of the attorneys subject hereto, for inspection, copying and
						  determination of compliance with rule 1.15 of Part 1200 of this Title, to a
						  duly authorized representative of the court pursuant to the issuance, on a
						  randomly selected basis, of a notice or subpoena by this court or the
						  appropriate grievance committee.
(b) Confidentiality. All matters,
						  records and proceedings relating to compliance with rule 1.15 of Part 1200 of
						  this Title, including the selection of an attorney for review hereunder, shall
						  be kept confidential in accordance with applicable law, as and to the extent
						  required of matters relating to professional discipline.
(c) Prior to the issuance of
						  any notice or subpoena in connection with the random review and audit program
						  established by this section, the appropriate grievance committee shall propose
						  regulations and procedures for the proper administration of the program. The
						  court shall approve such of the regulations and procedures of the grievance
						  committee as it may deem appropriate, and only such regulations and procedures
						  as have been approved by the court shall become effective.
(d) Any attorney subject to
						  this court's jurisdiction shall execute that portion of the biennial
						  registration statement provided by the Office of Court Administration affirming
						  that the attorney has read and is in compliance with rule 1.15 of Part 1200 of
						  this Title. The affirmation shall be available at all times to the grievance
						  committees. No affirmation of compliance shall be required from a full-time
						  judge or justice of the Unified Court System of the State of New York or of a
						  court of any other state, or of a Federal court.
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 691.13 - Medical reports and payment of expenses in proceedings where attorney is declared incompetent or alleged to be incapacitated

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) Any report prepared by a qualified
						  medical expert designated by the court pursuant to section
						  1240.14(a) of
						  this Title shall be filed in the office of the clerk of this court, who shall
						  make such report available to counsel for the committee and to counsel for the
						  respondent.
(b)
Payment of
						  expenses of proceedings.
(1) The
						  necessary costs and disbursements of an agency, committee or appointed attorney
						  in conducting a proceeding under this section shall be paid in accordance with
						  subdivision (6) of section
						  90 of the
						  Judiciary Law.
(2) The court may
						  fix the compensation to be paid to any attorney or medical expert appointed by
						  this court under this section. The compensation may be directed by this court
						  to be paid as an incident to the cost of the proceeding in which the charges
						  are incurred and shall be paid in accordance with 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 691.14 to 691.15 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 691.16 - Attorneys assigned by the court as counsel for a defendant in a criminal case

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) No attorney assigned by a court as
						  counsel for a defendant in any criminal case shall in any manner demand,
						  accept, receive or agree to accept or receive any payment compensation,
						  emolument, gratuity or reward or any promise of payment, compensation,
						  emolument, gratuity or reward or any money, property or thing of value or of
						  personal advantage from such defendant or from any other person, except as
						  expressly authorized by statute.
(b) No attorney assigned by a court as
						  counsel for an indigent defendant in any criminal case shall, during the
						  pendency thereof, accept a private retainer to represent the defendant in that
						  or any other case.
(c) Violation of this section shall
						  result in the removal of the attorney's name from the panel of attorneys
						  eligible to receive assignment pursuant to article 18-B of the County Law and
						  shall constitute a violation of section 1200.3(5) 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 B - Special Rules › Part 691 - Conduct Of Attorneys › Section 691.17 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 691.18 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 691.19 - Compromise of claims or actions belonging to infants

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) An application for the
						  approval by the court of a settlement of a claim or cause of action belonging
						  to an infant must be made as provided in CPLR 1207 and 1208.
(b) In the case of a claim or
						  demand belonging to an infant, any sum collected by an attorney shall be
						  deposited in a special account apart from his personal account, in accordance
						  with the provisions of section
						  691.12 of this Part, and a
						  statement of the amount received shall be delivered personally to the duly
						  qualified guardian of the infant or mailed to such guardian by registered or
						  certified mail addressed to said guardian's last known address. But no payment
						  or withdrawal shall be made from such deposit in the said account to the credit
						  of the infant's claim except pursuant to an order of the court after
						  application as provided in section
						  474 of the
						  Judiciary Law, upon at least two days' notice to the guardian.
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 691.21 - Preliminary investigation of any party unlawfully practicing law or assuming to practice law

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Upon application by the chairman or acting chairman of the committee or
						  subcommittee on unlawful practice of the law of any recognized bar association
						  in any county in the second judicial department, alleging that such committee
						  or subcommittee has reasonable cause to believe that any party (to wit: any
						  person, firm, corporation or other organization) is unlawfully practicing law
						  or unlawfully assuming to practice law or is engaging in any business or
						  activity which may involve the unlawful practice of law, and further alleging
						  that such committee or subcommittee is conducting or intends to conduct an
						  investigation with respect to such practice, business or activity, the clerk of
						  this court is empowered and authorized to issue, in the name of the presiding
						  justice of the court, subpoenas directing the attendance of witnesses and the
						  production of books, papers and records before such committee or subcommittee
						  at the time when and at the place where it will convene. The clerk of the court
						  is also empowered and authorized to issue such subpoenas upon the application
						  of any such party.
(b) Every committee or subcommittee
						  conducting such preliminary investigation is empowered to take the testimony of
						  witnesses under oath and to transcribe such testimony. Such witnesses may be
						  sworn by any person authorized by law to administer oaths.
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 691.22 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 691.24 - Compensation of attorneys representing claimants against Lawyer's Fund for Client Protection

Current through Register Vol. 46, No. 28,
						  July 10, 2024
No attorney shall charge a fee for or
							 accept compensation for representation of claimants against the Lawyer's Fund
							 for Client Protection of the State of New York except as approved by the
							 trustees of the fund.
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 691.25 - Bar association screening committees; members as volunteers, Public Officers Law, Section 17

Current through Register Vol. 46, No. 28, July 10,
						  2024
The members of the screening
							 committees of the bar associations of Kings, Queens and Richmond Counties,
							 which committees are established under the authority of section
							 722 of the County
							 Law for the purpose of providing counsel to persons charged with a crime, as
							 volunteers, are expressly authorized to participate in a State-sponsored
							 volunteer program within the meaning of subdivision one 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 692 - Licensing Of Legal Consultants › Section 692.1 - Applications for licenses as legal consultants; referral to committee on character and fitness

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) The committees on character and
						  fitness appointed by this court for the respective judicial districts in this
						  department to investigate the character and fitness of applicants for admission
						  to practice as attorneys and counselors at law in the courts of this State are
						  hereby also authorized to investigate the qualifications and the character and
						  fitness of applicants for licenses to practice as legal consultants pursuant to
						  the Judiciary Law (section 53[6]) and the rules of the Court of Appeals (3-22
						  NYCRR Part 521).
(b)
						  Every applicant for a license to practice as a legal consultant shall complete,
						  verify and file with the clerk of this court the standard form of
						  questionnaire, and shall comply with all the other requirements prescribed for
						  that purpose by this court.
(c) Every application in this
						  department for such a license shall be referred to the committee on character
						  and fitness for the judicial district in which the applicant actually resides
						  at the time of such application, and, unless otherwise ordered by the court, no
						  such license shall be granted without a certificate from such committee that it
						  has found that the applicant possesses the qualifications and the character and
						  fitness required therefor.
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 692 - Licensing Of Legal Consultants › Section 692.2 - Documents, affidavits and other proof required

Current through
						  Register Vol. 46, No. 28, July 10, 2024
Every applicant for a license to
							 practice as a legal consultant shall file the following additional papers with
							 his application:
(a) A
						  certificate from the authority having final jurisdiction over professional
						  discipline in the foreign country in which the applicant was admitted to
						  practice, which shall be signed by a responsible official or one of the members
						  of the executive body of such authority and shall be attested under the hand
						  and seal, if any, of the clerk of such authority, and which shall certify:
(1) As to the authority's
						  jurisdiction in such matters,
(2) As to the applicant's admission to
						  practice in such foreign country and the date thereof, and as to his good
						  standing as an attorney or counselor at law or the equivalent therein,
						  and
(3) As to
						  whether any charge or complaint has ever been filed against the applicant with
						  such authority, and, if so, the substance of each such charge or complaint and
						  the disposition 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 692 - Licensing Of Legal Consultants › Section 692.3 - College and law school certificates

Current through Register Vol. 46,
						  No. 28, July 10, 2024
A certificate shall be submitted from
							 each college and law school attended by the applicant, setting forth the
							 information required by forms which shall be provided to the applicant for that
							 purpose.
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 692 - Licensing Of Legal Consultants › Section 692.4 - Exceptional situations

Current through Register Vol. 46, No. 28,
						  July 10, 2024
In the event that the applicant is
							 unable to comply strictly with any of the foregoing requirements, the applicant
							 shall set forth the reasons for such inability in an affidavit, together with a
							 statement showing in detail the efforts made to fulfill such
							 requirements.
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 692 - Licensing Of Legal Consultants › Section 692.5 - Authority of committees on character and fitness to require additional proof

Current through Register Vol. 46, No. 28, July 10,
						  2024
The committees on character and
							 fitness may in any case require the applicant to submit such additional proof
							 or information as they may deem appropriate and may also require the applicant
							 to submit a report of the National Conference of Bar Examiners with respect to
							 his character and qualifications.
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 692 - Licensing Of Legal Consultants › Section 692.6 - Undertaking

Current through Register Vol. 46, No. 28, July 10,
						  2024
Prior to taking custody of any money,
							 securities (other than unendorsed securities in registered form), negotiable
							 instruments, bullion, precious stones or other valuables, in the course of his
							 practice as a legal consultant, for or on behalf of any client domiciled or
							 residing in the United States, every person licensed to practice as a legal
							 consultant shall obtain, and shall maintain in effect for the duration of such
							 custody, an undertaking issued by a duly authorized surety company, and
							 approved by a justice of this court, to assure the faithful and fair discharge
							 of his duties and obligations arising from such custody. The undertaking shall
							 be in an amount not less than the amount of any such money, or the fair market
							 value of any such property other than money, of which the legal consultant
							 shall have custody, except that this court may in any case in its discretion
							 for good cause direct that such undertaking shall be in a greater or lesser
							 amount. The undertaking or a duplicate original thereof shall be promptly filed
							 by the legal consultant with the clerk of this court.
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 692 - Licensing Of Legal Consultants › Section 692.7 - Disciplinary procedure

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Disciplinary proceedings against
						  any legal consultant shall be initiated and conducted in the same manner as
						  prescribed by law for disciplinary proceedings against attorneys.
(b) Any committee authorized
						  by this court to conduct preliminary investigations of charges of professional
						  misconduct by attorneys shall have authority to conduct preliminary
						  investigations of charges of professional misconduct or unauthorized activities
						  on the part of any licensed legal consultant in the same manner as in
						  investigations relating to attorneys.
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 692 - Licensing Of Legal Consultants › Section 692.8 - Filing

Current through Register Vol. 46, No. 28, July 10,
						  2024
Every application in this department
							 for a license as a legal consultant, together with all the papers submitted
							 thereon, shall upon its final disposition be filed in the office of the clerk
							 of this court.
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 693 - Repealed › Section 693.7 to 693.13 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 693 - Repealed › Section 693.15 to 693.22 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 694 - Mental Hygiene Legal Service › Section 694.1 - Definitions

Current through Register Vol. 46, No. 28, July 10,
						  2024
Except as otherwise appears herein,
							 whenever used in this Part any term defined in Mental Hygiene Law, section 1.03
							 shall have the meaning set forth therein and, in addition, the following terms
							 shall have the following meanings:
(a) Service means the Mental Hygiene
						  Legal Service.
(b)
						  Director means the head of the service referred to in Mental Hygiene Law,
						  section 47.01 or his or her duly authorized designee.
(c) Court shall mean Supreme
						  Court, County Court or Surrogate's Court.
(d) Patient shall mean a person
						  residing in a facility for the mentally disabled which is licensed or operated
						  by the Department of Mental Hygiene or the Department of Correctional Services,
						  or a person residing in any other place for whom the service has been appointed
						  counsel or court evaluator pursuant to Mental Hygiene Law article 81.
(e) Guardian shall mean a
						  person or entity appointed as a guardian, standby guardian or limited guardian
						  as provided in Surrogate's Court Procedure Act article 17-A or Mental Hygiene
						  Law article 81.
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 694 - Mental Hygiene Legal Service › Section 694.3 - Guardian and court evaluator

Current through Register Vol. 46, No.
						  28, July 10, 2024
In any proceeding before the court
							 involving a patient, the court may appoint the service as guardian ad litem or
							 court evaluator consistent with, and within the scope of the service's
							 statutory duties, except when the director advises the court that such
							 appointment would create a conflict of interest with the service's duties as
							 counsel pursuant to section
							 694.2 of this
							 Part.
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 694 - Mental Hygiene Legal Service › Section 694.4 - Additional psychiatric, psychological, medical or expert opinion

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Pursuant to Judiciary Law, section 35 or any other statute, rule or regulation
						  providing for additional opinion the director shall assist in obtaining,
						  through a panel or otherwise, such additional opinion.
(b) No psychiatrist,
						  psychologist, physician or other expert shall be appointed by the court if he
						  or she is disqualified under the provisions of the Mental Hygiene Law or if he
						  or she is employed at the institution in which the patient is hospitalized or
						  residing or to which the patient may be transferred as a result of the
						  proceeding in which the expert is to render his or her opinion.
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 694 - Mental Hygiene Legal Service › Section 694.5 - Review of proposed transfer of patient or of changes of status of patients

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) In every case in which it is
						  proposed to transfer a patient from one facility to another facility or to
						  change his or her admission status to another, the director shall review the
						  proposed transfer or change of status.
(b) In any such case, the director, in
						  his or her discretion, may request a hearing on behalf of the
						  patient.
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 694 - Mental Hygiene Legal Service › Section 694.6 - Fees

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  When authorized by statute the director may request that the court award the
						  service a reasonable fee.
(b) The director's requests for fees
						  shall be based upon a rate of compensation of $30 per hour.
(c) Fees awarded the service
						  shall be maintained and dispensed in accordance with 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 694 - Mental Hygiene Legal Service › Section 694.7 - Records to be confidential

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) All records and files of the
						  director in any proceedings covered by this Part shall be
						  confidential.
(b)
						  All such records and files of the director may be exhibited only at the
						  discretion of the director or upon order of the court.
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 695 - Repealed › Section 695.1 to 695.3 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 699 - Repealed › Section 699.1 to 699.7 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024
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 700 - Court Decorum › Section 700.1 - Application of rules

Current through Register Vol. 46, No. 28, July
						  10, 2024
These rules shall apply in all actions
							 and proceedings, civil and criminal, in courts subject to the jurisdiction of
							 the Appellate Division of the Supreme Court in the Second Judicial Department.
							 They are intended to supplement, but not to supersede, the Rules of
							 Professional Conduct set forth in Part 1200 of this Title and the Rules of
							 Judicial Conduct set forth in Part 100 of this Title. In the event of any
							 conflict between the provisions of these rules and the Rules of Professional
							 Conduct and/or the Rules of Judicial Conduct, the Rules of Professional Conduct
							 and/or the Rules of Judicial Conduct shall prevail.
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 700 - Court Decorum › Section 700.2 - Importance of decorum in court

Current through Register Vol. 46, No.
						  28, July 10, 2024
The courtroom, as the place where
							 justice is dispensed, must at all times satisfy the appearance as well as the
							 reality of fairness and equal treatment. Dignity, order and decorum are
							 indispensable to the proper administration of justice. Disruptive conduct by
							 any person while the court is in session is forbidden.
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 700 - Court Decorum › Section 700.3 - Disruptive conduct defined

Current through Register Vol. 46, No.
						  28, July 10, 2024
Disruptive conduct is any intentional
							 conduct by any person in the courtroom that substantially interferes with the
							 dignity, order and decorum of judicial proceedings.
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 700 - Court Decorum › Section 700.4 - Obligations of the attorney

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Attorneys are both officers of the
						  court and advocates. It is their professional obligation to conduct each case
						  courageously, vigorously, and with all the skill and knowledge they possess. It
						  is also their obligation to uphold the honor and maintain the dignity of the
						  profession. They must avoid disorder or disruption in the courtroom and must
						  maintain a respectful attitude toward the court. In all respects attorneys are
						  bound, in court and out, by the provisions of the Rules of Professional
						  Conduct.
(b)
						  Attorneys shall use their best efforts to dissuade their client and witnesses
						  from causing disorder or disruption in the courtroom.
(c) Attorneys shall not engage
						  in any examination which is intended merely to harass, annoy or humiliate the
						  witness.
(d) No
						  attorney shall argue in support of or against an objection without permission
						  from the court; nor shall any attorney argue with respect to a ruling of the
						  court on any objection without such permission. However, an attorney may make a
						  concise statement of the particular grounds for an objection or exception, not
						  otherwise apparent, where it is necessary to do so in order to call the court's
						  attention thereto, or to preserve an issue for appellate review. If an attorney
						  believes in good faith that the court has wrongly made an adverse ruling, he or
						  she may respectfully request reconsideration thereof.
(e) Attorneys have neither the
						  right nor duty to execute any directive of a client which is not consistent
						  with the Rules of Professional Conduct set forth in Part 1200 of this Title.
						  Nor may attorneys advise another to do any act or to engage in any conduct in
						  any manner contrary to these rules.
(f) Once a client has employed an
						  attorney who has entered an appearance, the attorney shall not withdraw or
						  abandon the case without:
(1)
						  justifiable cause;
(2) reasonable notice to the client;
						  and
(3) permission
						  of the court.
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 700 - Court Decorum › Section 700.5 - Obligations of the judge

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) In the administration of justice
						  the judge shall safeguard the rights of the parties and the interests of the
						  public. The judge at all times shall be dignified, courteous, and considerate
						  of the parties, attorneys, jurors, and witnesses. In the performance of his
						  duties, and in the maintenance of proper court decorum the judge is in all
						  respects bound by the canons of judicial ethics.
(b) The judge shall use his
						  judicial power to prevent disruptions of the trial.
(c) A judge before whom a case
						  is moved for trial shall preside at such trial unless he is satisfied, upon
						  challenge or sua sponte, that he is unable to serve with complete impartiality,
						  in fact or appearance, with regard to the matter at issue or the parties
						  involved.
(d) Where
						  the judge deems it appropriate in order to preserve or enhance the dignity,
						  order and decorum of the proceedings, he shall prescribe and make known the
						  rules relating to conduct which the parties, attorneys, witnesses and others
						  will be expected to follow in the courtroom.
(e) The judge should be the exemplar of
						  dignity and impartiality. He shall suppress his personal predilections, control
						  his temper and emotions, and otherwise avoid conduct on his part which tends to
						  demean the proceedings or to undermine his authority in the courtroom. When it
						  becomes necessary during trial for him to comment upon the conduct of
						  witnesses, spectators, counsel, or others, or upon the testimony, he shall do
						  so in a firm and polite manner, limiting his comments and rulings to what is
						  reasonably required for the orderly progress of the trial, and refraining from
						  unnecessary disparagement of persons or issues.
(f) The judge is not relieved
						  of these obligations by what he may regard as a deficiency in the conduct of
						  any attorney who appears before him; nor is he relieved of these obligations by
						  what he believes to be the moral, political, social, or ideological
						  deficiencies of the cause of any party.
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 701 - Exercise Of The Judicial Contempt Power › Section 701.1 - Application of rules

Current through Register Vol. 46, No. 28, July
						  10, 2024
These rules shall apply in all actions
							 and proceedings, civil and criminal, in courts subject to the jurisdiction of
							 the Appellate Division of the Supreme Court in the Second Judicial Department.
							 They are intended to supplement, but not to supersede, the Rules of
							 Professional Conduct set forth in Part 1200 of this Title and the Rules of
							 Judicial Conduct set forth in Part 100 of this Title. In the event of any
							 conflict between the provisions of these rules and the Rules of Professional
							 Conduct and/or the Rules of Judicial Conduct, the Rules of Professional Conduct
							 and/or the Rules of Judicial Conduct shall prevail.
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 701 - Exercise Of The Judicial Contempt Power › Section 701.2 - Exercise of the summary contempt power

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) The power of the court to punish
						  summarily any contempt committed in its immediate view and presence shall be
						  exercised only in exceptional and necessitous circumstances, as follows:
(1) Where the offending
						  conduct disrupts or threatens to disrupt proceedings actually in progress;
						  or
(2) where the
						  offending conduct destroys or undermines or tends seriously to destroy or
						  undermine the dignity and authority of the court in a manner and to the extent
						  that it appears unlikely that the court will be able to continue to conduct its
						  normal business in an appropriate way, provided that in either case the court
						  reasonably believes that a prompt summary adjudication of contempt may aid in
						  maintaining or restoring and maintaining proper order and decorum.
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 701 - Exercise Of The Judicial Contempt Power › Section 701.3 - Exercise of the contempt power after hearing

Current through Register
						  Vol. 46, No. 28, July 10, 2024
In all other cases, notwithstanding
							 the occurrence of the contumacious conduct in the view and presence of the
							 sitting court, the contempt shall be adjudicated at a plenary hearing with due
							 process of law including notice, written charges, assistance of counsel,
							 compulsory process for production of evidence and an opportunity of the accused
							 to confront witnesses against him.
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 701 - Exercise Of The Judicial Contempt Power › Section 701.4 - Judicial warning of possible contempt

Current through Register Vol. 46,
						  No. 28, July 10, 2024
Except in the case of the most
							 flagrant and offensive misbehavior which in the court's discretion requires an
							 immediate adjudication of contempt to preserve order and decorum, the court
							 should warn and admonish the person engaged in alleged contumacious conduct
							 that his conduct is deemed contumacious and give him an opportunity to desist
							 before adjudicating him in contempt. Where a person so warned desists from
							 further offensive conduct, there is ordinarily no occasion for an adjudication
							 of contempt. Where a person is summarily adjudicated in contempt and punishment
							 deferred, if such person desists from further offensive conduct the court
							 should consider carefully whether there is any need for punishment for the
							 adjudicated contempt.
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 701 - Exercise Of The Judicial Contempt Power › Section 701.5 - Disqualification of judge

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The judge before whom the alleged
							 contumacious conduct occurred is disqualified from presiding at the plenary
							 hearing or trial (as distinguished from summary action) except with the
							 defendant's consent:
(a) if the allegedly contumacious
						  conduct consists primarily of personal disrespect to or vituperative criticism
						  of the judge; or
(b)
						  if the judge's recollection of, or testimony concerning the conduct allegedly
						  constituting contempt, is necessary for an adjudication; or
(c) if the judge concludes
						  that in view of his recollection of the events he would be unable to make his
						  decision solely on the basis of the evidence at the 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 702 - Conduct Of Criminal Trial Threatened By Disruptive Conduct › Section 702.1 - Application of rules

Current through Register Vol. 46, No. 28, July
						  10, 2024
These rules shall apply in all
							 criminal actions and proceedings in courts subject to the jurisdiction of the
							 Appellate Division of the Supreme Court in the Second Judicial Department. They
							 are intended to supplement, but not to supersede, the Rules of Professional
							 Conduct set forth in Part 1200 of this Title and the Rules of Judicial Conduct
							 set forth in Part 100 of this Title. In the event of any conflict between the
							 provisions of these rules and the Rules of Professional Conduct and/or the
							 Rules of Judicial Conduct, the Rules of Professional Conduct and/or the Rules
							 of Judicial Conduct shall prevail.
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 702 - Conduct Of Criminal Trial Threatened By Disruptive Conduct › Section 702.2 - Removal of disruptive defendant

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) If a defendant engages in
						  disruptive conduct by word or action in the courtroom in the course of his
						  trial, the trial judge may order the defendant to be removed from the courtroom
						  and placed in custody, and the trial judge may proceed with the trial in the
						  absence of the defendant.
(b) The trial judge may not exclude the
						  defendant except after warning that further disruptive conduct will lead to
						  removal of the defendant from the courtroom.
(c) The defendant shall be returned to
						  the courtroom immediately upon a determination by the court that the defendant
						  is not likely to engage in further disruptive conduct.