reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.4 - Stays of execution: automatic or determined by superior court

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Upon appeal from a judgment including a sentence of death (C PL 460.40 [1]).
					 The taking of an appeal by a defendant directly to the Court of Appeals from a
					 superior court judgment including a sentence of death stays the execution of
					 such sentence until determination of the appeal.
(b) Initial CPL article 440
					 proceedings (C PL 460.40[3]). Upon motion to the superior court judge or
					 justice who signed the warrant of execution, a defendant sentenced to death
					 shall be granted a stay of execution of a death warrant issued pursuant to
					 Correction Law, article 22-B to allow the defendant an opportunity to prepare
					 and timely file an initial motion in superior court pursuant to C PL 440.10 or
					 440.20. The order staying execution shall provide that the stay of execution
					 shall continue until (1) the time for taking an appeal to the Court of Appeals
					 from the superior court's denial of such CPL article 440 motion has expired, or
					 (2) if an appeal is taken, until the Court of Appeals determines the
					 appeal.
(c)
					 Subsequent CPL article 440 proceedings (C PL 460.40[3]).
(1) In the event a defen dant sentenced
					 to death files a motion for post-conviction relief pursuant to C PL 440.10 or
					 440.20 subsequent to the final determination of an initial CPL article 440
					 motion, the superior court may grant a stay of execution of a death warrant
					 issued pursuant to Correction Law, article 22-B only for good cause
					 shown.
(2) The people
					 and a defendant sentenced to death shall have an appeal as of right directly to
					 the Court of Appeals from a superior court order granting or denying such
					 motion for a stay of execution. On such appeal, the court may affirm, reverse,
					 or modify such order as the court deems appropriate.
(3) By the end of business on
					 the date a notice of appeal from a superior court order granting or denying a
					 motion for a stay of execution has been filed, the clerk of the superior court,
					 and appellant or appellant's counsel, shall notify the clerk of the Court of
					 Appeals by telephone of such filing. Telephone notice to the Court of Appeals
					 does not relieve the clerk of the superior court of the duties imposed by
					 section 510.6 of this Part.
(4) Upon the taking of an
					 appeal from a superior court order granting or denying such a stay, the Court
					 of Appeals shall forthwith issue a capital appeal management order establishing
					 a schedule for perfecting the appeal. To the extent other provisions of this
					 Part are inconsistent with a capital appeal management order so issued, the
					 order shall supersede those provisions for purposes of the subject appeal
					 only.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.5 - Stays of execution: requests to the Court of Appeals

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) Where not otherwise
					 provided, the Court of Appeals may grant a stay on motion brought in accordance
					 with section
					 510.12 of this Part, provided that
					 the court's jurisdiction has been invoked by the service and filing of a notice
					 of appeal or a motion pursuant to C PL 460.30 for an extension of time to take
					 an appeal.
(b)
					 Emergency motions for interim stay relief shall be brought on by order to show
					 cause filed with the clerk of the Court of Appeals. Any time a party seeks
					 interim stay relief, that party should contact the clerk of the court at (518)
					 455-7700.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.6 - Case history

Current through Register Vol. 46, No. 28, July
					 10, 2024
Within 15 days after the filing of a notice
						of appeal to the Court of Appeals in a case involving a sentence of death,
						except in those appeals taken pursuant to C PL 460.40(3) from an order of a
						superior court granting or denying a motion for a stay of execution, the clerk
						of the superior court in which the judgment or order being appealed from was
						rendered shall transmit to the clerk of the Court of Appeals a case history
						including:
(a) the
					 duplicate notice of appeal;
(b) a chronological list of all
					 proceedings below giving rise to this particular appeal, noting which
					 transcripts have been, or must be, prepared; and
(c) a list of all exhibits
					 introduced in the proceedings below giving rise to this particular appeal.
The clerk of the superior court shall
						transmit to counsel for the parties copies of subdivisions (b) and (c) of this
						section.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.7 - Poor person relief; assignment of counsel

Current through Register
					 Vol. 46, No. 28, July 10, 2024
The following procedures shall apply in all
						capital appeals except those appeals taken pursuant to C PL 460.40(3) from an
						order of a superior court granting or denying a motion for a stay of
						execution.
(a) Where
					 sought, trial counsel shall move, pursuant to section
					 510.12 of this Part, for
					 assignment of appellate counsel or other items of poor person relief within 10
					 days after the filing of the notice of appeal. The motion papers shall include
					 an affidavit setting forth the information required by CPLR 1101(a). On an
					 appeal in a case in which Judiciary Law, section 35-b provides for the
					 assignment of appellate counsel, trial counsel's affidavit shall also state
					 whether counsel is requesting to be considered for assignment as counsel on the
					 appeal.
(b) Where the
					 appeal is taken from a judgment including a sentence of death pursuant to C PL
					 450.70(1), assigned counsel may move at any time pursuant to section
					 510.12 of this Part for assignment
					 of associate counsel for good cause shown.
(c) Assignment of counsel shall proceed
					 in compliance with any applicable Court of Appeals directives on the
					 matter.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.8 - Capital appeal management orders; issue identification by the parties

Current through Register Vol. 46, No. 28, July 10,
					 2024
The following procedures shall apply in all
						capital appeals except those appeals taken pursuant to C PL 460.40(3) from an
						order of a superior court granting or denying a motion for a stay of
						execution.
(a) After
					 receipt from the superior court of the case history required by section
					 510.6 of this Part, the Court of
					 Appeals shall enter and forward to counsel for the parties an initial capital
					 appeal management order or orders;
(1) determining defendant's request, if
					 any, for items of poor person relief;
(2) establishing final dates for
					 transcription and settlement, if necessary;
(3) establishing a deadline for filing
					 the settled record on appeal in this court.
(4) for purposes of case management,
					 requiring appellant's counsel to file periodically with the clerk of the Court
					 of Appeals a progress report concerning the capital appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.9 - Preliminary appeal statements

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The following procedures shall apply in all
						capital appeals except those appeals taken pursuant to C PL 460.40(3) from an
						order of a superior court granting or denying a motion for a stay of
						execution.
(a) For issue
					 identification and case management purposes only, within 30 days after the
					 filing of the record on appeal in the Court of Appeals, appellant's counsel
					 shall file with the clerk of the Court of Appeals, with proof of service of one
					 copy on respondent's counsel, two copies of a preliminary appeal statement,
					 which shall include:
(1) the
					 title of the case;
(2) the court from which the appeal is
					 taken;
(3) a copy of
					 the judgment or order of the superior court appealed from;
(4) a copy of any other written
					 order brought up for review;
(5) a copy of all written decisions of
					 the superior court; and
(6) a preliminary, nonbinding statement
					 of issues likely to be raised on appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.10 - Record transcription and reproduction; settlement

Current
					 through Register Vol. 46, No. 28, July 10, 2024
(a) During the course of
					 capital proceedings before the superior court, and at all times thereafter, the
					 clerk of the superior court shall take all necessary steps to insure the
					 accuracy and completeness of the record of the proceedings.
(b) The court reporter shall
					 take, and keep electionically, minutes of all capital proceedings occurring in
					 the superior court. Transcription shall proceed in compliance with any relevant
					 superior court order and the Court of Appeals capital appeal management orders.
					 Where a copy of the minutes of any proceedings in the superior court was
					 ordered during the course of the superior court proceedings, defense counsel
					 and the prosecutor shall preserve their respective copies of the transcript.
					 Transcripts shall be settled pursuant to CPLR 5525(c) within such time limits
					 and pursuant to such additional procedures as may be set by Court of Appeals
					 order.
(c) Upon the
					 filing of a notice of appeal, the superior court clerk shall expeditiously
					 assemble, reproduce, and transmit to appellant the record of the proceedings.
					 Appellant shall be responsible for the timely preparation and filing of the
					 record on appeal in accordance with the initial capital appeal management order
					 issued by the Court of Appeals pursuant to section
					 510.8(a) of this
					 Part.
(d) The record
					 on appeal shall comply with section
					 510.11(b) of this
					 Part, and be stipulated to or settled on motion. The parties may stipulate to
					 the correctness of the contents of the record on appeal using the process
					 provided by CPLR 5525(c)(1). Where the parties are unable to agree and
					 stipulate to the contents of the record on appeal, appellant shall move, on
					 notice, to settle the record in the superior court from which the appeal is
					 taken.
(e) Within the
					 time period prescribed in the initial capital appeal management order after the
					 superior court clerk's transmission to appellant of the reproduced record of
					 proceedings, appellant shall file with the clerk of the Court of Appeals either
					 the parties' stipulation to the record on appeal or a copy of appellant's
					 notice of motion to settle the record.
(f) The parties' failure to list in the
					 stipulation to the record on appeal any transcript, exhibit, or other document
					 that constituted a part of the underlying prosecution shall not preclude the
					 Court of Appeals from considering such transcript, exhibit, or other document
					 in determining the appeal.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.11 - Record on appeal; appendix; briefs

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) Record on appeal. On an appeal in a
					 case involving a sentence of death, appellant shall file with the clerk of the
					 Court of Appeals 15 copies of the settled, reproduced record of the proceedings
					 in the superior court, with proof of service on respondent of three copies of
					 the settled, reproduced record.
(b) The settled, reproduced record shall
					 contain the complete original file, including the transcribed stenographic
					 minutes of all proceedings occurring in the superior court, such as proceedings
					 on pretrial motions and hearings, opening and closing statements, jury voir
					 dire examination, all trial testimony, all legal argument of counsel, including
					 bench and chambers colloquies, the jury instructions, all communications to and
					 from the jury after instructions, proceedings on sentencing, and post-trial
					 motions and hearings. The record shall conform substantially with the
					 requirements of CPLR 5526, except that the subject matter of each page of the
					 record need not be stated at the top. The record shall also conform
					 substantially with the requirements of section
					 510.1 of this Part, and shall
					 contain in the following order so many of the following items as are relevant
					 to the case:
(1) a cover which
					 shall contain the title of the case on the upper portion and, on the lower
					 portion, the names, addresses, and voice and facsimile telephone numbers of
					 counsel for the parties, and the indictment number;
(2) the statement required by
					 CPLR 5531;
(3) a
					 table of contents which shall list and briefly describe each paper included in
					 the record. The part of the table relating to the transcript of testimony shall
					 separately list each witness and the page at which direct, cross, redirect and
					 recross examinations begin. The part of the table relating to exhibits shall
					 concisely indicate the nature and contents of each exhibit and the page in the
					 record where it is reproduced and where it was admitted into evidence. The
					 table shall also contain references to pages where a motion to dismiss the
					 indictment or to direct or set aside a verdict, or where an oral decision of
					 the court, appears;
(4) the notice of appeal, judgment or
					 order appealed from, judgment roll, corrected transcript, relevant exhibits and
					 any opinions or decisions in the case;
(5) a stipulation, or order settling the
					 transcript; and
(6) a
					 copy of either the stipulation described in section
					 510.10(d) of this
					 Part or the superior court order settling the record.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.12 - Motions

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Unless otherwise directed by a judge of the Court of Appeals by order to show
					 cause, the following procedures shall apply to motions concerning capital
					 appeals. A motion addressed to the Court of Appeals may be made on eight days'
					 notice (personal service), nine days' notice (overnight delivery service) or 13
					 days' notice (service by mail) (see CPLR 2103). Motions are returnable at Court
					 of Appeals Hall, 20 Eagle Street, Albany, NY 12207-1095, every Monday, whether
					 or not the court is in session. Whenever a Monday is a State holiday, motions
					 are returnable on the next day of that week that is not a State holiday. All
					 motions shall be submitted without oral argument. Unless otherwise permitted by
					 the court or the clerk, the papers in support of a motion must be filed at
					 Court of Appeals Hall no later than noon on the Friday preceding the return
					 date. All responding papers must be served and filed at Court of Appeals Hall
					 on or before the return date of the motion. Proof of service on each party must
					 be filed with any papers submitted on a motion. Filings by facsimile
					 transmission will not be accepted without prior authorization of the clerk. No
					 adjournments are possible other than in those narrow circumstances provided by
					 CPLR 321(c).
(b)
					 Reply papers are not permitted by the court's motion practice. Requests for
					 permission to file papers after the motion return date are governed by section
					 510.14 of this Part.
(c) Motion for amicus curiae
					 relief. A brief amicus curiae may be filed only by leave of the Court of
					 Appeals granted on motion, or upon the court's request. Motions for amicus
					 curiae relief must be noticed to be heard no later than the deadline set forth
					 in the final capital appeal management order. Movant must file one copy of the
					 motion and 15 copies of the proposed brief, with proof of service of three
					 copies on each party. Motions for amicus curiae relief must demonstrate to the
					 court's satisfaction at least one of the following:
(1) that the parties are not capable of
					 a full and adequate presentation and that movants could remedy this
					 deficiency;
(2) that
					 movants would invite the court's attention to law or arguments which might
					 otherwise escape its consideration; or
(3) that amicus curiae briefs would
					 otherwise be of special assistance to the court.
Proposed briefs amicus curiae shall conform
						to the requirements set forth in section
						510.11(e) of this
						Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.13 - Notice to the Attorney General

Current through Register Vol. 46, No.
					 28, July 10, 2024
Unless such notice has already been given
						pursuant to section
						510.9(c) of this
						Part, where a party or an amicus asserts in its brief on appeal that a statute,
						or a portion of a statute, is unconstitutional, notice shall be given to the
						Attorney General in writing at the time the party or amicus files its brief,
						and a certification of the notification shall be included in the brief. The
						notification and a copy of the brief shall be sent to the Solicitor General,
						Department of Law, The Capitol, Albany, NY 12224-0341.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.14 - Post-argument communications

Current through Register Vol. 46, No.
					 28, July 10, 2024
Post-argument and post-submission
						communications to the court concerning motions and appeals, in the form of
						letters, memoranda or briefs, are not permitted and will be returned to the
						sender, unless specifically requested or authorized by the Court of Appeals or
						authorized, in writing, by the clerk of the Court of Appeals upon submission to
						the clerk with a request that they be accepted.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.15 - Withdrawal of appeal or motion

Current through Register Vol. 46, No.
					 28, July 10, 2024
With the exception of a defendant's appeal
						to the Court of Appeals from a judgment including a sentence of death pursuant
						to C PL 450.70(1), an appeal may be withdrawn and discontinued at any time
						prior to argument or submission by forwarding to the clerk of the Court of
						Appeals a duly executed stipulation of withdrawal, which must be signed by all
						counsel, and by the defendant personally. A motion may be withdrawn at any time
						prior to its return date by filing with the clerk a written request signed by
						counsel for the moving party. A request to withdraw a motion after submission
						must be supported by a stipulation of withdrawal signed by all
						counsel.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.16 - Notice to the capital defender office

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Upon a determination of the Court of
					 Appeals affirming a judgment that includes a sentence of death, the clerk of
					 the Court of Appeals shall notify the capital defender office of the
					 determination by the end of business on the day such determination is handed
					 down.
(b) Notice to
					 the capital defender office required pursuant to subdivision (a) of this
					 section shall consist of telephone, facsimile, electronic mail or other prompt
					 electronic means of communication, which shall be followed by first class mail
					 notification within two business days after the affirmance.
(c) The clerk of the Court of
					 Appeals shall retain a written record of the electronic and written notice
					 given pursuant to subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.17 - Remittitur

Current through Register Vol. 46, No. 28, July 10,
					 2024
The remittitur of the Court of Appeals
						containing the court's adjudication, together with the return papers filed with
						the court, shall be sent to the clerk of the court to which the case is
						remitted, there to be proceeded upon according to law. Any order to effect the
						adjudication contained in the Court of Appeals' remittitur shall be sought,
						entered and enforced in the superior court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 510 - Rules Of The Court Of Appeals In Capital Cases › Section 510.18 - Capital case data reports

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) In each criminal action in which the
					 defendant has been indicted for commission of an offense defined in section
					 125.27 of the
					 Penal Law, except those in which the indictment is dismissed or the defendant
					 is acquitted, the clerk of the superior court, within 45 days after the
					 disposition of the action in such court, shall prepare and send to the Court of
					 Appeals a capital case data report in the form prescribed by the Court of
					 Appeals. Data reports shall be prepared by the clerk of the superior court by
					 reviewing the record and upon consultation with the prosecutor and counsel for
					 the defendant. Such data reports shall not constitute a part of the record in
					 the underlying criminal action. The clerk of the superior court shall retain,
					 in a confidential file kept separate from the record in the underlying criminal
					 action, a copy of each such data report sent to the Court of Appeals, and may
					 disclose a data report, or any part thereof, only upon order of the Court of
					 Appeals for exceptional cause shown.
(b) All capital case data reports
					 received by the Court of Appeals shall be compiled into a uniform capital case
					 data report, which may consist of a computer data base containing the
					 information in each capital case data report. Upon request, the uniform capital
					 case data report shall be made available to the parties on appeal to the Court
					 of Appeals in cases where a sentence of death has been imposed.
(c) If the conviction or
					 sentence in such criminal action is subsequently reversed or modified, the
					 capital case data report shall be notated to reflect the reversal or
					 modification. If an intermediate appellate court reverses or modifies the
					 conviction or sentence, that court shall forward a copy of its remittitur to
					 the Court of Appeals within 10 days after entry. If a new disposition in the
					 action ensues in the superior court, the superior court clerk shall prepare a
					 new capital case data report. Upon completion, the superior court clerk shall
					 send the new capital case data report to the clerk of the Court of Appeals with
					 a notice that the new report should be substituted in the data base for the
					 previous report.
[FN*] This Court hereby suspends, until
						further order, the operation of 22 NYCRR 510.18, effective January 30, 2008, or
						as soon thereafter as section
						52 of the
						Judiciary Law is compiled with.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 515 - Standards For Appellate And State Post-conviction Counsel In Capital Cases › Section 515.1 - Standards for appellate counsel in capital cases

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(1) Appellate qualifications
					 and experience.
(a) Sole
					 appellate counsel. To be eligible to be appointed as sole appellate counsel on
					 direct appeal in a capital case, an attorney must demonstrate that he or she:
(1) has at least five years of
					 criminal trial or criminal appellate or post-conviction experience, or has at
					 least three years of concentrated criminal litigation experience;
(2) is familiar with the
					 practice and procedure of the trial and appellate courts of New York, including
					 the New York Court of Appeals; and
(3) also has had primary responsibility
					 for the appeal of at least five felony convictions in any state or Federal
					 Court, at least three of which were on behalf of the defendant, and at least
					 three of which were orally argued by the attorney.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter B - Rules And Standards In Capital Cases › Part 515 - Standards For Appellate And State Post-conviction Counsel In Capital Cases › Section 515.2 - Standards for State post-conviction counsel in capital cases

Current through Register Vol. 46, No. 28, July 10,
					 2024
(1)
					 State post-conviction qualifications and experience.
(a) State post-conviction counsel. To be
					 eligible to be appointed as lead counsel on an initial motion pursuant to
					 section
					 440.10 or
					 440.20 of the Criminal Procedure Law and
					 any appeal therefrom in a capital case, an attorney must demonstrate that he or
					 she:
(1) has at least six years
					 criminal trial, criminal appellate or State or Federal post-conviction
					 experience, or has at least four years of concentrated criminal or civil
					 litigation experience;
(2) is familiar with:
(i) the practice and procedure
					 of the trial and appellate courts of New York, including the New York Court of
					 Appeals; and
(ii) the
					 practice and procedure of the Federal courts with regard to Federal habeas
					 corpus petitions;
(3) has conducted 12 trials before
					 judges, arbitration panels or juries to verdict, decision, or hung jury, in
					 serious and complex civil or criminal cases;
(4) has had primary responsibility for
					 the appeal of at least five felony convictions in any state or Federal court,
					 at least three of which were on behalf of the defendant, and at least three of
					 which were orally argued by the attorney;
(5) has substantial familiarity with,
					 and extensive experience in the use of, expert witnesses and scientific and
					 medical evidence including, but not limited to, mental health and pathology
					 evidence; and
(6)
					 meets two of the following criteria:
(i) has tried five homicides to verdict
					 or hung jury with at least three as defense counsel;
(ii) has, at the trial level,
					 represented to disposition defendants in eight homicide cases;
(iii) has represented capital
					 defendants in three State or Federal post-conviction proceedings;
(iv) has brought five motions,
					 pursuant to section
					 440.10 or
					 440.20 of the Criminal Procedure Law,
					 where hearings were held and witnesses examined.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) A
					 person shall be admitted to practice law in the courts of the State of New York
					 only by an order of the Appellate Division of the Supreme Court upon compliance
					 with these rules.
(b)
					 Saving clause. Those provisions of the rules of the Court of Appeals for the
					 admission of attorneys and counselors-at-law at law that prescribe the
					 qualifications for admission to the New York State bar examination, which were
					 in effect at the time an applicant for admission commenced the study of law, to
					 the extent that the application thereof was or would have been less restrictive
					 or burdensome, shall determine the applicant's eligibility for admission to
					 such examination.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.2 - Admission Upon Examination

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Application to sit for the New York
					 State bar examination. An applicant who seeks to sit for the New York State bar
					 examination prescribed in section
					 520.8 of this Part shall furnish
					 to the New York State Board of Law Examiners, in accordance with its rules,
					 proof satisfactory to said Board:
(1) that the applicant is at least 21
					 years of age;
(2) as
					 to the applicant's date of birth; and
(3) that the applicant has complied with
					 section 520.3,
					 520.4,
					 520.5, 520.6 or
					 520.17 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.3 - Study of Law in Law School

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a)
General.
An applicant may qualify to take the New York State bar
						examination by submitting to the New York State Board of Law Examiners
						satisfactory proof that:
(1) the
					 applicant attended and was graduated with a first degree in law from an
					 approved law school;
(2) the
					 applicant attended and successfully completed the prescribed course of
					 instruction required for a first degree in law at an approved law school, but
					 has not been awarded the degree as of the date proof of eligibility to sit for
					 the bar examination is required to be filed with the State Board of Law
					 Examiners. The State Board of Law Examiners shall not certify the applicant for
					 admission to the bar pursuant to section
					 520.7(a) of this
					 Part until the applicant has presented satisfactory proof that the applicant
					 has been awarded a first degree in law; or
(3) the applicant satisfies the requirements
					 of section
					 520.17 of this
					 Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.4 - Study of law in law office

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) General. An applicant may qualify to
					 take the New York State bar examination by submitting to the New York State
					 Board of Law Examiners satisfactory proof that:
(1) the applicant commenced the study of
					 law after the applicant's 18th birthday;
(2) the applicant successfully completed
					 the prescribed requirements of the first year of full-time study in a first
					 degree in law program at an approved law school as defined in section
					 520.3(b) of this
					 Part, whether attending full-time or part-time, earning a minimum of 28 credit
					 hours (the threshold period);
(3) at the conclusion of the threshold
					 period the applicant was in good standing, not on academic probation, and was
					 eligible to continue in the law school's degree program;
(4) the threshold period was
					 completed within 36 months of the commencement of law school study;
					 and
(5) the applicant
					 thereafter studied law in a law office or offices located within New York
					 State, under the supervision of one or more attorneys admitted to practice law
					 in New York State, for such a period of time as, together with the credit
					 permitted pursuant to this section for attendance in an approved law school,
					 shall aggregate four years.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.5 - Study of law in law school and actual practice

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) General. An applicant who has studied law
					 in any law school in any other state or territory of the United States or in
					 the District of Columbia, other than an approved law school as defined in
					 section 520.3(b) of this
					 Part, and has received a degree from such law school that qualifies the
					 applicant to practice law in such state, territory or in the District of
					 Columbia, may qualify to take the New York State bar examination by submitting
					 to the New York State Board of Law Examiners satisfactory proof that:
(1) the applicant possesses the legal
					 education required by this Part;
(2) the applicant's course of study complies
					 with the instructional requirements of section
					 520.3(c) through
					 (e) of this Part and with the curriculum,
					 academic program and academic calendar requirements for an approved law school;
					 and
(3) while admitted to the bar
					 in the highest court in any state or territory of the United States or in the
					 District of Columbia, the applicant has actually practiced therein for at least
					 five years of the seven years immediately preceding the application to sit for
					 the bar examination.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.6 - Study of Law in Foreign Country; Required Legal Education

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) General. An
					 applicant who has studied in a foreign country may qualify to take the New York
					 State bar examination by submitting to the New York State Board of Law
					 Examiners satisfactory proof of the legal education required by this
					 section.
(b) Legal education. The
					 applicant must satisfy the educational requirements of either paragraph (1) or
					 (2) of this subdivision.
(1) The applicant
					 shall show fulfillment of the educational requirements for admission to the
					 practice of law in a country other than the United States by successful
					 completion of a period of law study in a law school or schools each of which,
					 throughout the period of the applicant's study therein, was approved by the
					 government or an authorized accrediting body in such country, or of a political
					 subdivision thereof, to award a first degree in law, and satisfaction of the
					 following requirements:
(i)
(a) Durational requirements. The program and
					 course of law study successfully completed by the applicant was substantially
					 equivalent in duration to the legal education provided by an American Bar
					 Association approved law school in the United States, and in substantial
					 compliance with the following requirements: 83 credit hours must be required
					 for graduation, 64 of which must be earned by attendance in regularly scheduled
					 classroom courses at the law school, a minimum of 700 minutes in instruction
					 time, exclusive of examination time, must be required for the granting of one
					 credit hour, and no credit shall be allowed for correspondence courses, on-line
					 courses, courses offered on DVD or other media, or distance education courses;
					 and
(b) Substantive requirements.
					 Such other country is one whose jurisprudence is based upon the principles of
					 English Common Law, and that the program and course of law study successfully
					 completed by the applicant were the substantial equivalent of the legal
					 education provided by an American Bar Association approved law school in the
					 United States.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.7 - Certification by Board of Law Examiners

Current through Register Vol.
					 46, No. 28, July 10, 2024
(a) Except as provided in section
					 520.10 of this Part, no applicant
					 for admission to practice in this State shall be admitted unless the New York
					 State Board of Law Examiners shall have certified to the Appellate Division of
					 the department in which, as shown by the papers filed by the applicant with the
					 Board, the applicant resides, or if not a resident of the State, in which such
					 papers show that the applicant is employed fulltime, or, if the applicant does
					 not reside and is not employed fulltime in the State, to the Appellate Division
					 of the Third Department, that the applicant
(1) has passed the New York State bar
					 examination prescribed in section
					 520.8 of this Part or has
					 satisfied the requirements for transfer of a Uniform Bar Examination score as
					 set forth in subdivision (b) of section
					 520.2 of this Part, and
(2) has demonstrated compliance
					 with the requirements of section
					 520.9 of this Part.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.8 - New York State Bar Examination

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) General. The New York State Board of
					 Law Examiners shall twice each year administer the New York State bar
					 examination, which, effective for the July 2016 administration of the bar
					 examination, shall consist of the Uniform Bar Examination, developed by the
					 National Conference of Bar Examiners.
(b) Preservation of Papers. Bar
					 examination papers shall be preserved for a period of four months from the date
					 of the announcement of the results of the bar examination, and may thereafter
					 be destroyed.
(c)
					 Passing score. The New York State Board of Law Examiners shall determine the
					 passing score for the Uniform Bar Examination.
(d) Examination Fee. Every applicant for
					 the New York State bar examination shall pay to the New York State Board of Law
					 Examiners the fee prescribed by section
					 465 of the
					 Judiciary Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.9 - Additional requirements for applicants for admission upon examination

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) All applicants
					 for admission upon examination, including applicants who sat for the Uniform
					 Bar Examination in another jurisdiction and seek to transfer the score earned
					 on that examination to New York, must satisfy the following requirements.
(1) Multistate Professional Responsibility
					 Exam.
(i) General. Applicants must achieve a
					 passing score on the Multistate Professional Responsibility Exam developed and
					 administered by the National Conference of Bar Examiners.
(ii) Timing. An applicant may take the
					 Multistate Professional Responsibility Exam prior or subsequent to the Uniform
					 Bar Examination, whether taken in New York or another jurisdiction, subject to
					 the rules of the New York State Board of Law Examiners. The fee to take the
					 Multistate Professional Responsibility Exam shall be fixed by the National
					 Conference of Bar Examiners.
(iii)
					 Passing score. The New York State Board of Law Examiners shall determine the
					 passing score for the Multistate Professional Responsibility Exam for
					 applicants seeking admission to practice in this State.
(iv) Reexamination. There shall be no
					 restriction on the right of a failing applicant to retake the Multistate
					 Professional Responsibility Exam.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.10 - Admission without examination

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) General. In its discretion, the
					 Appellate Division may admit to practice without examination an applicant who:
(1)
(i) has been admitted to practice in the
					 highest law court in any other state or territory of the United States or in
					 the District of Columbia; or
(ii) has been admitted to practice as an
					 attorney and counselor-at-law or the equivalent in the highest court in another
					 country whose jurisprudence is based upon the principles of the English common
					 law; and
(iii) is
					 currently admitted to the bar in such other jurisdiction or jurisdictions, that
					 at least one such jurisdiction in which the attorney is so admitted would
					 similarly admit an attorney or counselor-at-law admitted to practice in New
					 York State to its bar without examination; and
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.11 - Admission pro hac vice

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) General. An attorney and
					 counselor-at-law or the equivalent who is a member in good standing of the bar
					 of another state, territory, district or foreign country may be admitted pro
					 hac vice:
(1) in the discretion
					 of any court of record, to participate in any matter in which the attorney is
					 employed; or
(2) in
					 the discretion of the Appellate Division, provided applicant is a graduate of
					 an approved law school, to advise and represent clients and participate in any
					 matter during the continuance of applicant's employment or association with an
					 organization described in subdivision 7 of section
					 495 of the
					 Judiciary Law or during employment with a District Attorney, Corporation
					 Counsel or the Attorney General, but in no event for longer than 18
					 months.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter C - Rules for Admission of Attorneys and Counselors-at-Law › Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors-at-Law › Section 520.12 - Proof of Moral Character

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) General. Every applicant for
					 admission to practice must file with a committee on character and fitness
					 appointed by the Appellate Division of the Supreme Court affirmations of
					 reputable persons that the applicant possesses the good moral character and
					 general fitness requisite for an attorney- and counselor-at-law as required by
					 section
					 90 of the
					 Judiciary Law. The number of such affirmations and the qualifications of
					 persons acceptable as affirmants shall be determined by the Appellate Division
					 to which the applicant has been certified.
(b) Affirmations. The affirmations filed
					 shall state that the applicant is, to the knowledge of the affirmant, a person
					 of good moral character and possesses the general fitness requisite for an
					 attorney- and counselor-at-law and shall set forth in detail the facts upon
					 which such knowledge is based. Such affirmations shall not be conclusive proof
					 as to character and fitness, and the Appellate Division to which the applicant
					 has been certified may inquire further through its committee on character and
					 fitness or otherwise.
(c) Discretion of Appellate Division.
					 The Appellate Division in each department may adopt for its department such
					 additional procedures for ascertaining the moral character and general fitness
					 of applicants as it may deem proper, which may include submission of a report
					 of the National Conference of Bar Examiners.
(d) Time to File Admission Application.
(1) Every applicant for
					 admission to practice, other than applicants for admission without examination
					 pursuant to section
					 520.10 of this Part, shall file a
					 complete application for admission, including the affirmations required under
					 subdivision (a) and any additional material required under subdivision (c) of
					 this section, within three years from the date when the applicant sits for the
					 second day of the Uniform Bar Examination, whether taken in New York or in
					 another jurisdiction. The requirements of this subdivision shall not apply to
					 any applicant for admission who has passed the New York State bar examination
					 administered prior to July 2016.
(2) Any applicant for admission to
					 practice who has passed the New York State bar examination administered prior
					 to July 2016 shall file a complete application for admission, including the
					 affirmations required under subdivision (a) and any additional material
					 required under subdivision (c) of this section, within three years from the
					 date of the letter sent by the New York State Board of Law Examiners notifying
					 the applicant that the applicant has passed the bar examination.