New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle B - Attorneys › Part 805 - Admission Of Attorneys › Section 805.5 - Activities of eligible law students and law school graduates authorized by sections 478 and 484 of the Judiciary Law

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Any officer or agency of the State,
						  or of a subdivision thereof, or any legal aid organization whose principal
						  office is located in this department, may make application to the presiding
						  justice of this court for an order authorizing the employment or utilization of
						  law students who have completed at least two semesters of law school and
						  eligible law school graduates as law interns to render and perform legal
						  services, to the extent set forth in subdivision (b) of this section, which the
						  officer, agency or organization making the application is authorized to
						  perform. The application shall set forth the names and addresses of the persons
						  to be appointed and facts showing their eligibility for appointment, together
						  with applicant's certification that they are of good character and competent
						  legal ability.
(b)
						  Authorized activities. Law students who have completed at least two semesters
						  of law school and law school graduates appointed as law interns are authorized
						  to engage in the following activities:
(1) In the Appellate Division, Third
						  Department, to prepare briefs and memoranda of law and, upon prior approval of
						  the court and when under immediate supervision of a supervising attorney, to
						  argue appeals and motions in both civil and criminal actions and
						  proceedings.
(2) In
						  criminal matters, in superior courts, under general supervision of a
						  supervising attorney, to render legal services at arraignments, bail
						  applications, pleas, sentencings, preliminary hearings and postconviction
						  proceedings, including appeals.
(3) In criminal matters, in inferior
						  courts, under general supervision, to render legal services at arraignments,
						  pleas, sentencings, preliminary hearings, postconviction proceedings and at
						  nonjury trials in cases involving misdemeanors and lesser offenses; and, when
						  under immediate supervision of a supervising attorney, at jury trials in cases
						  involving misdemeanors.
(4) In family court, under general
						  supervision, to render legal services on motions and in uncontested
						  proceedings, and in contested matters when under immediate supervision of a
						  supervising attorney.
(5) In civil actions and proceedings in
						  or before any court or administrative agency, under general supervision, to
						  render legal services in motions and uncontested matters, and, under immediate
						  supervision, in contested civil matters. Appearances before Federal courts and
						  State and Federal administrative agencies shall be subject to the rules and
						  regulations of the particular court or agency involved.