reglab/statecodes huggingface dataset:
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 806 - Conduct of Attorneys › Section 806.9 - Applications for interim suspension while investigation or proceeding is pending

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) The committee's
						  application for a respondent's interim suspension pursuant to Uniform Rules for
						  Attorney Disciplinary Matters (section
						  1240.9 of this Title) shall be
						  brought on before the court by order to show cause executed by the presiding
						  justice and shall be served upon the respondent at a time and in a manner
						  specified therein consistent with Judiciary Law section 90(6).
(b) Such order to show cause shall be
						  accompanied by an affirmation or affidavit, and such additional exhibits as are
						  necessary, setting forth the facts alleged in support of the committee's
						  application.
(c) The committee's
						  application shall be made returnable in a manner consistent with Practice Rules
						  of the Appellate Division (section
						  1250.4[a][1] of
						  this Title). The respondent may be heard in opposition to the application by
						  filing an affidavit, and such additional exhibits as are necessary, in a manner
						  consistent with Practice Rules of the Appellate Division (section
						  1250.4[a][5] of
						  this Title). The committee may not be heard in reply absent prior authorization
						  by the court.
(d) The committee's
						  application and any papers filed in opposition thereto shall be filed with the
						  court as an original and a single copy thereof, along with proof of service of
						  a single copy thereof upon the adversary. The copy of any such papers may be
						  delivered to the court in portable document format (PDF).
(e) Applications pursuant to this subdivision
						  may not be argued unless otherwise specified by the presiding justice in the
						  order to show cause.
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 806 - Conduct of Attorneys › Section 806.10 - Mental incapacity of attorney; protection of clients of disbarred and suspended attorneys

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Proceeding to determine alleged
						  incapacity of attorney. Whenever, during the investigation of a complaint of
						  professional misconduct or the prosecution of a disciplinary proceeding against
						  an attorney, it shall appear that the attorney is incapacitated from continuing
						  to practice law by reason of mental illness, drug addiction or alcoholism, or
						  is otherwise mentally irresponsible, it shall be the duty of the chief attorney
						  to petition the court to take appropriate action for determination of the
						  attorney's mental condition, including examination by such qualified medical
						  experts as the court shall designate. If the court is satisfied from the
						  evidence that the attorney is so incapacitated, it shall suspend him from
						  practice for such mental incapacity indefinitely and until further order, and
						  any pending proceedings against him shall be held in abeyance. The court may
						  appoint counsel to represent the attorney, if he lacks adequate
						  representation.
(b)
						  Procedure when respondent claims disability during course of disciplinary
						  proceeding. If during the court of a disciplinary proceeding, respondent
						  contends that he is suffering from a disability by reason of mental infirmity
						  or illness, or because of addiction to drugs or intoxicants which makes it
						  impossible for him adequately to defend himself, the court thereupon shall
						  enter an order suspending respondent from continuing to practice law until a
						  determination is made of the respondent's capacity to do so.
(c) Expenses of proceedings.
						  The court may fix the compensation of any attorney or medical expert appointed
						  pursuant to this section and direct that payment be made as an incident of the
						  expenses of a disciplinary proceeding.
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 806 - Conduct of Attorneys › Section 806.11 - Applications for diversion to a monitoring program

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a)
In matters pending before the
						  committee pursuant to Uniform Rules for Attorney Disciplinary Matters (section
						  1240.7 of this Title).
(1) Any application pursuant to Uniform Rules
						  for Attorney Disciplinary Matters (section
						  1240.11[a] of
						  this Title) shall be brought on before the court by order to show cause
						  executed by the presiding justice and shall be served upon the adversary at a
						  time and in a manner specified therein.
(2) Such order to show cause shall be
						  accompanied by an affirmation or affidavit, and such additional exhibits as are
						  necessary, setting forth the facts alleged in support of the
						  application.
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 806 - Conduct of Attorneys › Section 806.12 - Reinstatement

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  An attorney who has been disbarred or whose name has been struck from the roll
						  of attorneys pursuant to subdivision (4) of section
						  90 of the
						  Judiciary Law may not apply for reinstatement until the expiration of at least
						  seven years from the effective date of the disbarment or removal. An attorney
						  who has been suspended may apply for reinstatement upon expiration of the
						  period of suspension. An attorney suspended pursuant to section
						  806.10 of this Part who applies
						  for reinstatement shall waive any doctor-patient privilege which would
						  otherwise exist regarding medical or psychiatric care during his or her
						  disability, and shall submit a list of the persons by whom and the facilities
						  at which treatment was received, together with authorizations for the release
						  of records relating thereto. The court may direct the appointment of medical
						  experts to examine the attorney at his or her own expense.
(b) An application for
						  reinstatement may be granted by this court only upon a showing by the applicant
						  (1) by clear and convincing evidence that applicant has fully complied with the
						  provisions of the order disbarring or suspending applicant, or striking
						  applicant's name from the roll of attorneys, and that applicant possesses the
						  character and general fitness to resume the practice of law and (2) that,
						  subsequent to the entry of such order, applicant has taken and attained a
						  passing score on the Multistate Professional Responsibility Examination
						  described in section
						  520.9(a) of the
						  Rules of the Court of Appeals for the Admission of Attorneys and Counselors at
						  Law, the passing score thereon being that determined by the New York State
						  Board of Law Examiners pursuant to section
						  520.9(c) of such
						  rules. A copy of an application for reinstatement shall be served on the
						  committee on professional standards and written notice thereof shall be
						  provided by applicant to the Lawyers' Fund for Client Protection. The committee
						  shall inquire into the merits of, and may be heard in opposition to, the
						  application. The application may be referred to the appropriate committee on
						  character and fitness or to a judge or referee for a hearing and report to the
						  court.
(c) The court
						  in its discretion may direct that an applicant pay the necessary expenses
						  incurred in connection with an application for reinstatement.
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 806 - Conduct of Attorneys › Section 806.13 - Applications to impose discipline for misconduct in a foreign jurisdiction

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) The committee's
						  application pursuant to Uniform Rules for Attorney Disciplinary Matters
						  (section 1240.13[a] of
						  this Title) shall be brought on before the court by order to show cause
						  executed by the presiding justice and shall be served upon the respondent at a
						  time and in a manner specified therein consistent with Judiciary Law section
						  90(6).
(b) Such order to show cause
						  shall be accompanied by an affirmation or affidavit, and such additional
						  exhibits as are necessary, setting forth the facts alleged in support of the
						  committee's application.
(c) The
						  committee's application shall be made returnable in a manner consistent with
						  Practice Rules of the Appellate Division (section
						  1250.4[a][1] of
						  this Title). The respondent may be heard in opposition to the application by
						  service and filing of an affidavit pursuant to Uniform Rules for Attorney
						  Disciplinary Matters (section
						  1240.13[b] of
						  this Title), and such additional exhibits as are necessary, in a manner
						  consistent with Practice Rules of the Appellate Division (section
						  1250.4[a][5] of
						  this Title). The committee may not be heard in reply absent prior authorization
						  by the court.
(d) The committee's
						  application, any papers filed in opposition thereto and the reply, if any,
						  shall be filed with the court as an original and a single copy thereof, along
						  with proof of service of a single copy thereof upon the adversary. The copy of
						  any such papers may be delivered to the court in portable document format
						  (PDF).
(e) Applications pursuant to
						  this subdivision may be argued upon the direction of the court made upon
						  request of the committee or the respondent prior to the return date of the
						  application.
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 806 - Conduct of Attorneys › Section 806.15 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle B - Attorneys › Part 806 - Conduct of Attorneys › Section 806.16 - Applications for reinstatement of suspended and disbarred attorneys pursuant to Uniform Rules for Attorney Disciplinary Matters (section 1240.16 of this Title)

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a)
Disbarred attorneys and attorneys suspended for more than six
						  months.
(1) Any motion for
						  reinstatement by a respondent who has been disbarred or who has been suspended
						  for more than six months shall be made returnable on Monday (or if Monday falls
						  on a holiday, on the next business day), whether or not court is actually in
						  session, upon no less than 90' days notice to the committee and the Lawyers'
						  Fund for Client Protection.
(2)
						  Such notice of motion shall be accompanied by an affidavit of the respondent in
						  the form of Appendix C to Uniform Rules for Attorney Disciplinary Matters (Part
						  1240 of this Title), and such additional exhibits as are necessary.
(3) The committee shall be heard in response
						  to the motion by service and filing of an affirmation or affidavit, and such
						  additional exhibits as are necessary, in a manner consistent with Practice
						  Rules of the Appellate Division (section
						  1250.4[a][5] of
						  this Title). The respondent may not be heard in reply absent prior
						  authorization by the court.
(4) Any
						  motion pursuant to this subdivision, any papers filed in response thereto and
						  the reply, if any, shall be filed with the court as an original and a single
						  copy thereof, along with proof of service of a single copy thereof upon the
						  adversary. The copy of any such papers may be delivered to the court in
						  portable document format (PDF).
(5)
						  At the discretion of the court, any application pursuant to this subdivision
						  may be referred to the appropriate committee on character and fitness or to a
						  referee for hearing and report.
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 806 - Conduct of Attorneys › Section 806.17 - Applications for reinstatement of incapacitated attorneys

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Any application for reinstatement by a
						  respondent pursuant to Uniform Rules for Attorney Disciplinary Matters (section
						  1240.17 of this Title) shall be
						  made in the form of a motion returnable on Monday (or if Monday falls on a
						  holiday, on the next business day), whether or not court is actually in
						  session, upon no less than 90 days' notice to the committee.
(b) Such notice of motion shall be
						  accompanied by an affidavit of the respondent, such papers as may be required
						  pursuant to Uniform Rules for Attorney Disciplinary Matters (section
						  1240.17[b] and
						  [e] of this Title), and such additional
						  exhibits as are necessary.
(c) The
						  committee shall be heard in response to the motion by service and filing of an
						  affirmation or affidavit, and such additional exhibits as are necessary, in a
						  manner consistent with Practice Rules of the Appellate Division (section
						  1250.4[a][5] of
						  this Title). The respondent may not be heard in reply absent prior
						  authorization by the court.
(d) Any
						  motion pursuant to this subdivision, any papers filed in response thereto and
						  the reply, if any, shall be filed with the court as an original and a single
						  copy thereof, along with proof of service of a single copy thereof upon the
						  adversary. The copy of any such papers may be delivered to the court in
						  portable document format (PDF).
(e)
						  Motions pursuant to this subdivision may be argued upon the direction of the
						  court made upon request of the committee or the respondent prior to the return
						  date of the application.
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 806 - Conduct of Attorneys › Section 806.18 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle B - Attorneys › Part 806 - Conduct of Attorneys › Section 806.19 - Discipline of attorneys for professional misconduct in other jurisdictions

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Any attorney to whom this Part shall apply, who has been disciplined in a
						  jurisdiction other than the State of New York, may be disciplined by the court
						  for the conduct which gave rise to the discipline imposed in the other
						  jurisdiction.
(b) It
						  shall be the responsibility of the attorney to file, within 30 days of the date
						  of the disciplinary order in the other jurisdiction, a copy of said order with
						  the court. The failure of the attorney to do so may be deemed professional
						  misconduct.
(c) Upon
						  the filing by the attorney or the committee of a certified or exemplified copy
						  of the disciplinary order, the court, either directly or upon application of
						  the committee, shall give written notice to such attorney pursuant to
						  subdivision 6 of section
						  90 of the
						  Judiciary Law, according the attorney an opportunity within 20 days of the
						  giving of such notice to file an affidavit or affirmation setting forth any
						  defense to discipline enumerated in subdivision (d) of this section. The notice
						  shall further advise the attorney that in default of such filing, the court may
						  proceed to impose discipline or take other appropriate action. Upon the filing
						  of such affidavit or affirmation, the court may fix a time at which the
						  attorney can be heard in mitigation or otherwise if the attorney requests such
						  appearance in writing.
(d) The court may impose discipline
						  upon the attorney unless an examination of the papers before it and such other
						  evidence as the court in its discretion may receive, discloses:
(1) that the procedure in the
						  other jurisdiction deprived the attorney of due process;
(2) that there was such an
						  infirmity of proof establishing the misconduct that the court cannot accept as
						  final the finding of misconduct made in the other jurisdiction; or
(3) that the imposition of
						  discipline would be unjust. If the attorney raises either or both of the first
						  two defenses enumerated in this subdivision, it shall be the attorney's
						  responsibility to file with the court a copy of the record of the proceedings
						  in the other jurisdiction. The court may require the attorney to file a copy of
						  said record, or portion thereof, in any case in which such evidence is deemed
						  necessary to determine the issues presented.
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 806 - Conduct of Attorneys › Section 806.21 - Applications for appointment of attorney to protect interests of clients or attorney

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Any
						  applications for an order pursuant to Uniform Rules for Attorney Disciplinary
						  Matters (section
						  1240.21 of this Title) shall be
						  brought on before the court by order to show cause executed by the presiding
						  justice and to be served upon the committee and such other persons or entities
						  as are directed therein and at a time and in a manner specified
						  therein.
(b) Such order to show
						  cause shall be accompanied by an affirmation or affidavit, and such additional
						  exhibits as are necessary, setting forth the facts alleged in support of the
						  application.
(c) The application
						  shall be made returnable in a manner consistent with Practice Rules of the
						  Appellate Division (section
						  1250.4[a][1] of
						  this Title). Papers in opposition to the application shall be in the form of an
						  affidavit or affirmation, with such additional exhibits as are necessary, and
						  shall be served and filed in a manner consistent with Practice Rules of the
						  Appellate Division (section
						  1250.4[a][5] of
						  this Title).
(d) The application
						  and any papers filed in opposition thereto shall be filed with the court as an
						  original and a single copy thereof, along with proof of service of a single
						  copy thereof upon the adversary. The copy of any such papers may be delivered
						  to the court in portable document format (PDF).
(e) Applications pursuant to this subdivision
						  may not be argued unless otherwise specified by the presiding justice in the
						  order to show cause.
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 806 - Conduct of Attorneys › Section 806.22 - Voluntary nondisciplinary resignations; reinstatement

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) An attorney's application to resign from
						  practice pursuant to Uniform Rules for Attorney Disciplinary Matters (section
						  1240.22[a] of
						  this Title) shall be submitted to the court by original sworn affidavit in the
						  form of Appendix E to Uniform Rules for Attorney Disciplinary Matters (Part
						  1240 of this Title), with proof of service of a copy thereof upon the committee
						  and the Lawyer's Fund for Client Protection.
(b) An application for reinstatement
						  following nondisciplinary resignation shall be submitted to the court by
						  original sworn affidavit in the form of Appendix F to Uniform Rules for
						  Attorney Disciplinary Matters (Part 1240 of this Title), with proof of service
						  of a copy thereof upon the committee.
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 806 - Conduct of Attorneys › Section 806.25 - Proceedings pursuant to Judiciary Law section 90(2-a)

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Upon referral of a matter to the court
						  pursuant to Domestic Relations Law section 244-c or Family Court Act section
						  458-b or 548-b, or upon receipt of an order of a court finding an attorney
						  admitted to practice or registered within the Third Judicial Department to be
						  in arrears in payment of child support or combined child and spousal support in
						  an amount equivalent to or greater than that due pursuant to court order for a
						  period of four months, the court shall, within 30 days of its receipt of said
						  order:
(1) direct that a subcommittee of the
						  committee be convened for a hearing pursuant to Judiciary Law section
						  90(2-a)(b); and
(2) provide notice
						  to the respondent that such hearing will be convened.
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 806 - Conduct of Attorneys › Section 806.26 - County Bar Association Grievance Committees and Meditation Programs

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
County
						  Bar Association Grievance Committees.
(1) A County Bar Association which receives a
						  complaint against an attorney shall initially refer the complaint to the
						  committee for action pursuant to Uniform Rules for Attorney Disciplinary
						  Matters (section
						  1240.7 of this Title).
(2) If the chief attorney, or the committee
						  after investigation, determines that the complaint is a matter involving undue
						  delay in rendering legal services not constituting neglect, a fee dispute to
						  which Rules of the Chief Administrator Part 137 of this Title does not apply,
						  or inadequate representation not constituting professional misconduct, the
						  complaint may be referred back to the County Bar Association for resolution. A
						  complaint submitted directly to the committee may also be referred by the
						  committee or chief attorney to the County Bar Association in the first
						  instance.
(3) The County Bar
						  Association shall complete an investigation and attempt to resolve the
						  complaint within 90 days after receipt of the complaint from the committee or
						  chief attorney. If the County Bar Association is unable to resolve the
						  complaint within this time period, it shall, upon request of the chief
						  attorney, return its complete file to the committee for further
						  consideration.
(4) The County Bar
						  Association shall render a annual report to the committee within 30 days after
						  the end of each calendar year. The report shall contain the names of all
						  attorneys against whom complaints were received or were pending during the
						  preceding year. If a County Bar Association resolves a complaint, it shall
						  forward its complete original file to the committee.
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 806 - Conduct of Attorneys › Section 806.27 - Contingent fees in claims and actions for personal injury and wrongful death

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) In any claim or
						  action for personal injury or wrongful death, other than one alleging medical,
						  dental or podiatric malpractice, whether determined by judgment or settlement,
						  in which the compensation of claimant's or plaintiff's attorney is contingent,
						  that is, dependent in whole or in part upon the amount of the recovery, the
						  receipt, retention or sharing by such attorney, pursuant to agreement or
						  otherwise, of compensation which is equal to or less than that contained in the
						  schedule of fees in subdivision (b) of this section is deemed to be fair and
						  reasonable. The receipt, retention or sharing of compensation which is in
						  excess of such schedule of fees shall constitute the exaction of unreasonable
						  and unconscionable compensation, unless authorized by a written order of the
						  court as provided in this section. Compensation of claimant's or plaintiff's
						  attorney for services rendered in claims or actions for personal injury
						  alleging medical, dental or podiatric malpractice shall be computed pursuant to
						  the fee schedule in Judiciary Law, section 474-a.
(b) The following is the schedule of
						  reasonable fees referred to in subdivision (a) of this section, either:
SCHEDULE A
(1) 50 percent on the first $1,000 of the sum
						  recovered;
(2) 40 percent on the
						  next $2,000 of the sum recovered;
(3) 35 percent on the next $22,000 of the sum
						  recovered;
(4) 25 percent on any
						  amount over $25,000 of the sum recovered; or
SCHEDULE B
a percentage not exceeding 331/3 percent of the sum
							 recovered, if the initial contractual arrangement between the client and the
							 attorney so provides, in which event the procedure provided in this section for
							 making application for additional compensation because of extraordinary
							 circumstances shall not apply.
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 806 - Conduct of Attorneys › Section 806.29 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle B - Attorneys › Part 806 - Conduct of Attorneys › Section 806.30 - Examiners of reports of guardians, committees and conservators Pursuant to Mental Hygiene Law article 81

Current through Register Vol. 46, No.
						  28, July 10, 2024
(a)
Appointment.
Annually in the month of December, the presiding
							 justice shall appoint examiners of the reports of guardians, as well as of
							 committees and conservators appointed prior to April 1, 1993, in accordance
							 with Mental Hygiene Law section 81.32(b).
(b)
Duties of examiners.
(1) The examiner appointed by the presiding
						  justice shall examine initial and annual reports within the times and in the
						  manner required by Mental Hygiene Law section 81.32(a).
(2) The examiner shall file a report, with
						  regard to an initial report of a guardian, within 60 days after the filing of
						  such report. With respect to an annual report filed in the month of May, the
						  examiner's report shall be filed on or before September 15th of the same year.
						  When a court has authorized the filing of an annual report at any other time,
						  the examiner's report shall be filed within 90 days thereafter. Examiner's
						  reports shall be in the form prescribed by the order appointing the
						  examiner.
(3) Examiner's reports
						  shall, on five days notice to the guardian, committee or conservator, be filed
						  in the office of the clerk of the court which appointed the guardian, committee
						  or conservator. A copy of the examiner's report shall, within five days of the
						  date of such filing, also be filed with the office of the clerk of the
						  Appellate Division, Third Department.
(4) If a guardian, committee or conservator
						  shall fail to file a report within the time specified by law, or shall file an
						  incomplete report, the examiner shall serve a demand and take the other steps
						  necessary to insure compliance as set forth in Mental Hygiene Law section
						  81.32(c) and (d).
(5) In his or her
						  discretion, the examiner may examine the guardian, committee or conservator and
						  other witnesses under oath and reduce their testimony to writing.
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 C - Special Rules › Part 820 - Repealed › Section 820.2 to 820.4 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 820 - Repealed › Section 820.9 to 820.14 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 820 - Repealed › Section 820.16 to 820.22 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 821 - Duties Of Counsel In Criminal Actions And Habeas Corpus Proceedings › Section 821.1 - Duties of assigned or retained counsel

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) It shall be the duty of counsel
						  assigned to or retained for the defense of a defendant in a criminal action or
						  proceeding to represent defendant until the action or proceeding has been
						  terminated in the trial court, and to comply with the provisions of subdivision
						  (a) of section
						  821.2 of this Part, after which
						  the duties of assigned counsel shall be ended.
(b) It shall be the duty of
						  counsel assigned to prosecute an appeal on behalf of an indigent defendant to
						  accept said assignment and to prosecute the appeal until entry of the order of
						  the appellate court terminating the appeal, and to comply with the provisions
						  of subdivision (b) of section
						  821.2 of this Part, after which
						  his duties as assigned counsel shall be ended.
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 C - Special Rules › Part 822 - Assignment Of Counsel And Appointment Of Physicians › Section 822.1 - Assignment of counsel

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) Upon a hearing in a proceeding
						  described in subdivision 1(a) of section
						  35 of the
						  Judiciary Law, wherein petitioner is financially unable to retain counsel, the
						  court shall assign counsel furnished in accordance with a plan, conforming to
						  the requirements of subdivision 3 of section
						  722 of the County
						  Law, which is in operation in the county wherein the hearing is held; provided,
						  however, that when such county has not placed in operation a plan conforming to
						  that prescribed in subdivision 3 of section
						  722 of the County
						  Law, counsel shall be assigned from a list of attorneys maintained by the
						  Appellate Division.
(b) Attorneys holding the following
						  public offices shall not be assigned to act as counsel pursuant to section
						  35 of the
						  Judiciary Law or section
						  722 of the County
						  Law: the office of district attorney; assistant district attorney; judge or
						  justice of a city, town or village court; or law clerk to a judge or justice;
						  provided, however, that any such attorney may apply to this court for waiver of
						  this subdivision so as to permit the attorney to be assigned as appellate
						  counsel in cases arising outside of the county where the attorney holds public
						  office. In addition, no attorney shall be assigned to act as counsel if the
						  court determines, in its discretion, that such assignment may involve an
						  ethical or legal conflict of interest.
(c) The court may assign counsel other
						  than in the manner prescribed in subdivision (a) of this section only when it
						  is satisfied that special circumstances require such assignment.
(d) Assignments of counsel by
						  the Supreme Court or a Surrogate's Court to represent children in proceedings
						  wherein compensation is authorized pursuant to Judiciary Law, section 35(7)
						  shall be made from a panel of attorneys for children designated under section
						  835.2(a) of this
						  Title.
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 C - Special Rules › Part 822 - Assignment Of Counsel And Appointment Of Physicians › Section 822.2 - Maintenance of lists of approved attorneys

Current through Register
						  Vol. 46, No. 28, July 10, 2024
The judge of each court having
							 countywide jurisdiction in a county which has not placed in operation a plan
							 conforming to that described in subdivision 3 of section
							 722 of the County
							 Law, shall submit to the Appellate Division on or before the first day of June
							 each year, a list of attorneys residing within such county for approval by the
							 Appellate Division for the purpose of assignment as counsel pursuant to section
							 35 of the
							 Judiciary Law. As far as practicable, a judge or justice shall assign attorneys
							 from the approved list in rotation.
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 C - Special Rules › Part 822 - Assignment Of Counsel And Appointment Of Physicians › Section 822.3 - Appointment of psychiatrists or physicians

Current through Register
						  Vol. 46, No. 28, July 10, 2024
Psychiatrists or physicians employed
							 at a State institution shall not be assigned by the court pursuant to
							 subdivision 3 of section
							 35 of the
							 Judiciary Law.
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 C - Special Rules › Part 822 - Assignment Of Counsel And Appointment Of Physicians › Section 822.4 - Compensation of counsel and physicians in excess of statutory limits

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  This rule shall apply to all claims in this department, pursuant to section
						  35 of the
						  Judiciary Law, for compensation in excess of the statutory limits for services
						  rendered in a trial court, except for claims in excess of statutory limits by
						  attorneys for children pursuant to section
						  245 of the
						  Family Court Act and section
						  35 of the
						  Judiciary Law.
(b)
						  The claim of an attorney, physician or other person for compensation in excess
						  of the statutory limits, in addition to the information required by statute,
						  shall be supported by a sworn statement describing the circumstances deemed to
						  be extraordinary.
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 C - Special Rules › Part 823 - Mental Hygiene Legal Service › Section 823.1 - 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 article 81 of the Mental Hygiene
						  Law.
(e) Guardian
						  shall mean a person or entity appointed as a guardian, standby guardian or
						  limited guardian as provided in article 17-A of the Surrogate's Court Procedure
						  Act or article 81 of the Mental Hygiene Law.
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 C - Special Rules › Part 823 - Mental Hygiene Legal Service › Section 823.3 - 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 director as guardian ad litem or
							 court evaluator consistent with, and within the scope of the director's
							 statutory duties, except when the director advises the court that such
							 appointment would create a conflict of interest with the director's duties as
							 counsel pursuant to section
							 823.2 of this
							 Part.
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 C - Special Rules › Part 823 - Mental Hygiene Legal Service › Section 823.4 - 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 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 823 - Mental Hygiene Legal Service › Section 823.5 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 823 - Mental Hygiene Legal Service › Section 823.6 - 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
						  for the services of attorneys shall not exceed the hourly rates of compensation
						  set forth in section
						  35 of the
						  Judiciary Law; and the director's request for fees for the services of non-
						  lawyer professionals shall not exceed the hourly rate of compensation set forth
						  in the Unified Court System's compensation rate guidelines for court-appointed
						  non-lawyer professionals.
(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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 823 - Mental Hygiene Legal Service › Section 823.7 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 823 - Mental Hygiene Legal Service › Section 823.8 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 824 - Repealed › Section 824.1 to 824.4 - 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 C - Third Judicial Department › Article 1 - Appellate Division › Subarticle C - Special Rules › Part 835 - Attorneys For Children › Section 835.1 - Departmental advisory committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The presiding justice shall appoint a
							 departmental advisory committee consisting of at least one Supreme Court
							 justice, one Family Court judge, one attorney for the child, one representative
							 of a family and child welfare agency, one law school professor, one county
							 attorney, and such additional persons as the presiding justice deems necessary
							 to perform the functions of the advisory committee. The clerk of the Appellate
							 Division, Third Judicial Department, shall be a member of the committee ex
							 officio. The term of appointment shall be for two years. The departmental
							 advisory committee shall oversee the operation of the attorneys for children
							 program in this department and shall annually make recommendations to the
							 presiding justice with respect to promulgation of standards and administrative
							 procedures for improvement of the quality of representation by attorneys for
							 children in the department.
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 C - Special Rules › Part 835 - Attorneys For Children › Section 835.2 - Panels of attorneys for children

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Initial designation to a panel.
(1) Eligibility. An attorney
						  is eligible for designation as a member of the panel of attorneys for children
						  of a county of this department when the attorney:
(i) is a member in good standing of the
						  Bar of the State of New York;
(ii) has attended 12 hours of
						  introductory training for attorneys for children conducted by the Appellate
						  Division; and
(iii)
						  has attained experience in the representation of children by:
(a) substantial participation,
						  either as counsel of record or as co-counsel with a mentor as provided in
						  paragraph (5) of this subdivision, in:
(1) a juvenile delinquency or person in
						  need of supervision proceeding;
(2) a child abuse, child neglect, or
						  termination of parental rights proceeding; and
(3) a custody or visitation
						  proceeding; and
(b) participation as counsel or
						  co-counsel in, or observation of, two hearings in Family Court at which
						  testimony is taken.
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 C - Special Rules › Part 835 - Attorneys For Children › Section 835.3 - Assignment of attorneys for children

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Any attorney designated to a panel
						  in a county may also be assigned as an attorney for the child in any other
						  county in the third department, provided the assigning Family Court judge has
						  obtained the prior approval of a Family Court judge of the county in which the
						  attorney has been designated to a panel and of the Appellate
						  Division.
(b) The
						  following factors, among others, should be considered when assignments are
						  made, subject to the discretion of the appointing judge:
(1) the experience and qualifications
						  of the attorney;
(2)
						  the nature and difficulty of the case;
(3) continuity of representation of the
						  minor in successive proceedings; and
(4) that assignments among panel
						  attorneys are made in a fair and impartial manner.