reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.20 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.21 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.22 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.23 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.24 - Repealed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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.26 - Compromise of claims or actions belonging to infants

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) An application for the approval by the
						  court of a settlement of a claim or cause of action belonging to an infant must
						  be made as provided in CPLR 1207 and 1208.
(b) In the case of a claim or demand
						  belonging to an infant, any sum collected by an attorney shall be deposited in
						  a special account apart from his personal account, in accordance with the
						  provisions of section
						  603.27 of this Part, and a
						  statement of the amount received shall be delivered personally to the duly
						  qualified guardian of the infant or mailed to such guardian by registered or
						  certified mail addressed to said guardian's last known address. But no payment
						  or withdrawal shall be made from such deposit in the said account to the credit
						  of the infant's claim except pursuant to an order of the court after
						  application as provided in section
						  474 of the
						  Judiciary Law, upon at least two days' notice to the guardian.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.27 - Random review and audit

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
						  Availability of bookkeeping records; random review and audit.
The financial records required to be maintained
							 pursuant to Rule 1.15 of the Rules of Professional Conduct (Part 1200 of this
							 Title [Rule 1.15]), or by any other rule of this Court, shall be made available
							 for inspection, copying and determination of compliance with court rules, to a
							 duly authorized representative of the court pursuant to the issuance, on a
							 randomly selected basis, of a notice or subpoena by the grievance
							 committee.
(b)
						  Confidentiality.
All matters, records and proceedings relating to
							 compliance with Rule 1.15 of the Rules of Professional Conduct (Part 1200 of
							 this Title [Rule 1.15]), and this section, including the selection of an
							 attorney for review hereunder, shall be kept confidential in accordance with
							 applicable law, as and to the extent required of matters relating to
							 professional discipline.
(c)
						  Regulations and procedures for random review and audit.
Prior to the issuance of any notice or subpoena in
							 connection with the random review and audit program established by this
							 section, the grievance committee shall propose regulations and procedures for
							 the proper administration of the program. The court shall approve such of the
							 regulations and procedures of the grievance committee as it may deem
							 appropriate, and only such regulations and procedures as have been approved by
							 the court shall become effective.
(d) Biennial affirmation of compliance.
Any attorney subject to this court's jurisdiction
							 shall execute that portion of the biennial registration statement provided by
							 the Office of Court Administration, affirming that the attorney has read and is
							 in compliance with Rule 1.15 of the Rules of Professional Conduct (Part 1200 of
							 this Title [Rule 1.15]), as jointly adopted by the Appellate Divisions of the
							 Supreme Court, and with this section. The affirmation shall be available at all
							 times to the grievance committee. No affirmation of compliance shall be
							 required from a full-time judge or justice of the Unified Court System of the
							 State of New York, or of a court of any other state, or of a Federal
							 court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.28 - Combining or grouping of claims

Current through Register Vol. 46,
						  No. 28, July 10, 2024
No attorney for a claimant or plaintiff shall for the
							 purpose of settlement or payment combine or group two or more claims or causes
							 of action or judgments therefor on behalf of separate clients, and each such
							 demand or action shall be settled or compromised independently upon its own
							 merits and with regard to the individual interest of the client. No attorney
							 for a defendant shall participate in the settlement of any such claims or
							 actions on the basis directly or indirectly of combining or grouping claims or
							 actions belonging to different persons.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.29 - Champerty and maintenance

Current through Register Vol. 46, No. 28,
						  July 10, 2024
No attorney shall by himself, or by or in the name of
							 another person, either before or after action brought, promise, give, or
							 procure, or permit to be promised or given any valuable consideration to any
							 person as an inducement to placing in his hands, or in the hands of another
							 person, any claim for the purpose of making a claim or bringing an action or
							 special proceeding thereon, or defending the same; nor shall any attorney,
							 directly or indirectly, as a consideration for such retainer, pay any expenses
							 attending the prosecution or defense of any such claim or action.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.30 - Attorneys assigned by the court as counsel for a defendant in a criminal case

Current through Register Vol. 46, No. 28, July
						  10, 2024
No attorney assigned by a court as counsel for a
							 defendant in any criminal case shall in any manner demand, accept, receive or
							 agree to accept or receive any payment, compensation, emolument, gratuity or
							 reward, or any promise of payment, compensation, emolument, gratuity or reward
							 or any money, property or thing of value or of personal advantage from such
							 defendant or from any other person, except as expressly authorized by statute
							 or by written order of the court duly entered upon its minutes.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.31 - Prohibition against gratuities

Current through Register Vol. 46,
						  No. 28, July 10, 2024
No attorney shall give any gift, bequest, favor or
							 loan to any judge or any employee of any court or any member of his family
							 residing in his household or to any member, officer, or employee of any
							 governmental agency or any member of his family residing in his household,
							 where such attorney has had or is likely to have any professional or official
							 transaction with such court or governmental agency.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.32 - Practice of law by nonjudicial personnel

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) An attorney who is employed as a public
						  officer or employee in any court in this judicial department shall not maintain
						  an office for the private practice of law, alone or with others, hold himself
						  out to be in the private practice of law, or engage in the private practice of
						  law; such attorney shall not participate, directly or indirectly, as attorney
						  or counsel in any action or proceeding, pending before any court or any
						  administrative board, agency, committee or commission of any government, or in
						  the preparation or subscription of briefs, papers, or documents pertaining
						  thereto.
(b) By special permission
						  secured from the presiding justice of this judicial department as to each
						  professional engagement, a person referred to in subdivision (a) of this
						  section may engage in the private practice of law as to matters not pending
						  before a court or governmental agency, in uncontested matters in the
						  Surrogate's Court, uncontested accountings in the Supreme Court, and other ex
						  parte applications not preliminary or incidental to litigated or contested
						  matters. Such approval, which shall continue only to the completion of the
						  particular engagement for which permission was obtained, shall be sought by
						  application in writing to the presiding justice of this judicial department
						  (processed through the immediate supervisor and the administrative judge or
						  other head of the court or agency in which applicant is employed for his
						  comment and recommendation including restrictions, if any), which shall state
						  the position occupied, all pertinent information as to the matter to be handled
						  (including the name of the client engaging such attorney and the prior
						  relationship, if any, between such client and said attorney) and that in the
						  event of litigation the applicant will immediately withdraw as attorney and
						  notify his administrative judge or other head of the court or agency
						  thereof.
(c) A person referred to
						  in subdivision (a) of this section shall not engage in any other practice of
						  law which is incompatible with or would reflect adversely upon the performance
						  of his duties.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 603 - Conduct Of Attorneys › Section 603.34 - Compensation of attorneys representing claimants against Lawyers' Fund for Clients 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 Lawyers' Fund for
							 Clients 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 604 - Court Decorum › Section 604.2 - Judicial exercise of contempt power

Current through Register Vol. 46,
						  No. 28, July 10, 2024
(a) Exercise of the summary contempt
						  power.
(1) The power of the
						  court to punish summarily contempt committed in its immediate view and presence
						  shall be exercised only in exceptional and necessitous circumstances, as
						  follows:
(i) Where the
						  offending conduct either
(a)
						  disrupts or threatens to disrupt proceedings actually in progress; or
(b) destroys or undermines or
						  tends seriously to destroy or undermine the dignity and authority of the court
						  in a manner and to the extent that it appears unlikely that the court will be
						  able to continue to conduct its normal business in an appropriate way;
						  and
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 604 - Court Decorum › Section 604.3 - Conduct of criminal trial threatened by disruptive conduct

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
						  Removal of disruptive defendant.
(1) If a defendant engages in
						  disruptive conduct by word or action in the courtroom in the course of his
						  trial, the trial judge may order the defendant to be removed from the courtroom
						  and placed in custody, and the trial judge may proceed with the trial in the
						  absence of the defendant.
(2) The trial judge may not exclude the
						  defendant except after warning that further disruptive conduct will lead to
						  removal of the defendant from the courtroom.
(3) The defendant shall be returned to
						  the courtroom immediately upon a determination by the court that the defendant
						  is not likely to engage in further disruptive conduct.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.1 - Assignments pursuant to section 35 of the Judiciary Law

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Counsel.
(1) Whenever in a proceeding
						  described in section
						  35 of the
						  Judiciary Law the court shall find that counsel should be assigned to represent
						  a person who does not have legal representation and who is financially unable
						  to obtain counsel, the court shall appoint the attorney-in-charge of the
						  criminal courts branch or of the civil branch of the Legal Aid Society as the
						  attorney of record to represent such person. If, however, the court deems the
						  assignment of other counsel to be required because of either a conflict of
						  interest or other good cause, it shall enter an order appointing the attorney
						  designated by the administrator of the assigned counsel plan in the first
						  judicial department from the panels of attorneys established under that plan.
						  Designations of counsel by the administrator shall, as nearly as practicable,
						  be by rotation.
(2)
						  The term legal representation shall include representation by a member of the
						  bar, representation by the director of the Mental Hygiene Legal Service, or
						  representation by a corporation approved pursuant to the provisions of
						  Judiciary Law, section 495.
(3) A copy of each such order of
						  appointment shall be forwarded by the court to the administrator of the
						  assigned counsel plan. Claims for compensation by counsel or the Legal Aid
						  Society shall be submitted to the court which made the assignment on prescribed
						  forms, specifying the time expended (in court and out of court), the services
						  rendered and the expenses reasonably incurred, and stating that no payment or
						  promise of payment has been received in respect of such services and
						  expenses.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.2 - Compensation for extraordinary services

Current through Register Vol.
						  46, No. 28, July 10, 2024
(a) Whenever an attorney, psychiatrist
						  or physician, or a person providing investigative, expert or other services,
						  seeks compensation in excess of the statutory limits prescribed by article 18-B
						  of the County Law or section
						  35 of the
						  Judiciary Law, because of extraordinary circumstances, he shall submit with his
						  claim a detailed affidavit stating the nature of the proceeding, the manner in
						  which the time was expended, the necessity therefor, and all other facts which
						  tend to demonstrate extraordinary circumstances. In addition, if the claim is
						  by an attorney he shall state the disposition of the matter.
(b) An application seeking
						  compensation in excess of the statutory limits prescribed by article 18-b of
						  the County Law or section
						  35 of the
						  Judiciary Law shall be reviewed, sua sponte or upon the request of any person
						  or governmental body affected by the order, by the appropriate administrative
						  judge pursuant to section
						  127.2 of this Title.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.3 - Expenses of assigned counsel, psychiatrists or physicians

Current
						  through Register Vol. 46, No. 28, July 10, 2024
The term expenses reasonably incurred,
							 whenever used in this Part, shall not include normal office expenses such as
							 local telephone service, postage, secretarial and other office overhead, or
							 mileage for use of automobile, parking fees, taxi fares, etc., in traveling to
							 a court, hospital or place of detention located within the City of New York and
							 readily accessible by rapid transit.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.4 - Determination of financial ability

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The appointment of counsel to
							 represent a person who does not have legal representation and who states that
							 he is not financially able to obtain counsel, shall be made upon a finding of
							 inability based either upon such person's affidavit or upon oral testimony in
							 court under oath or by affirmation, or by such other proof as the court may
							 direct.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.5 - Duties of counsel with respect to representation of defendants in criminal actions

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) Duties of assigned or retained
						  counsel.
(1) 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 in the trial court until
						  the action or proceeding has been terminated in that court, and to comply with
						  the provisions of paragraph (b)(1) or (d)(2) of this section, after which the
						  duties of assigned counsel shall be ended.
(2) It shall be the duty of counsel
						  assigned to prosecute or defend 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 paragraph (b)(2) or (d)(2) of this section, after which the duties of
						  assigned counsel shall be ended.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.6 - Additional duties of the court and of defendant's counsel in connection with trial court transcripts

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Where furnishing of a daily copy of a
							 transcript is ordered by the court, the ribbon copy thereof shall be delivered
							 to the court and a carbon copy to counsel for the defendant. Both the court and
							 counsel for the defendant shall be duty-bound to preserve their respective
							 copies. At the conclusion of the trial or hearing, trial counsel for the
							 defendant shall, if an appeal is taken, deliver said carbon copy to appellant's
							 counsel immediately on being advised of the name and address of said
							 appellant's counsel. At the conclusion of the trial or hearing and forthwith
							 after the decision or verdict, as the case may be, the ribbon copy shall be
							 delivered by the court to the county clerk for filing. The ribbon copy and the
							 carbon copy shall constitute the two transcripts of the proceedings required by
							 section
							 460.70 of the Criminal Procedure
							 Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.7 - Assignment of counsel in Family Court

Current through Register Vol.
						  46, No. 28, July 10, 2024
Counsel to be assigned pursuant to
							 Family Court Act, section 262, shall be selected from such panels as have been
							 established in the First Judicial Department in conformity with article 18-B of
							 the County Law, as amended.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.8 - Appointment of attorneys for children in Family Court

Current
						  through Register Vol. 46, No. 28, July 10, 2024
Where for sufficient reason attorneys
							 for children to be appointed pursuant to Family Court Act, section 249, cannot
							 otherwise be designated as provided in section
							 243
							 (a) of the Family Court Act, appointment of
							 such attorneys for children shall be made from the panels heretofore
							 established pursuant to section 243(c) of such act, and in such event, the
							 panel of attorneys for children shall be deemed to be the Family Court panels
							 established pursuant to Family Court Act, section 262.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 606 - Legal And Medical Services; Duties Of Counsel Respecting Appeals › Section 606.9 - Assignment of counsel in Surrogate's Court

Current through Register
						  Vol. 46, No. 28, July 10, 2024
Counsel to be assigned pursuant to
							 Surrogate's Court Procedure Act, section 407 shall be selected from such panels
							 as have been established in the First Judicial Department for use in the Family
							 Court in conformity with article 18-B of the County Law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 608 - Practice Of Law By Organizations And Professional Service Corporations › Section 608.1 - Practice of law by organizations pursuant to Judiciary Law, sections 495 and 496

Current through Register Vol. 46, No. 28, July
						  10, 2024
Any organization which offers prepaid
							 legal services; any nonprofit organization whether incorporated or
							 unincorporated, organized and operating primarily for a purpose other than the
							 provision of legal services and which furnishes legal services as an incidental
							 activity in furtherance of its primary purpose; or any organization which has
							 as its primary purpose the furnishing of legal services to indigent persons,
							 which has its principal office located in the First Judicial Department, shall
							 file with this department a statement describing the nature and purposes of the
							 organization, the composition of its governing body, the type of legal services
							 being made available, and the names and addresses of any attorneys and
							 counselors-at-law employed by the organization or with whom commitments have
							 been made. An updating of this information shall be furnished this department
							 on or before July first of each year and the names and addresses of attorneys
							 and counselors-at-law who rendered legal services during that year shall be
							 included.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 608 - Practice Of Law By Organizations And Professional Service Corporations › Section 608.2 - Practice of law by professional service corporations pursuant to Business Corporation Law, section 1514

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Any professional service corporation
							 organized for the purpose of practicing law pursuant to the Business
							 Corporation Law, article 15 and which has its principal office located in the
							 First Judicial Department shall file with this department on or before July 1st
							 every three years a statement listing the name and residence address of each
							 shareholder, director and officer of the corporation and certifying that all
							 such individuals are duly authorized to practice law in this State. The
							 statement shall be signed by the president or any vice-president of the
							 corporation and attested to by the secretary or any assistant secretary of the
							 corporation.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.1 - Applications for licenses as legal consultants; referral to committee on character and fitness

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) The committee on character and
						  fitness appointed by this court to investigate the character and fitness of
						  applicants for admission to practice as attorneys and counselors-at-law in the
						  courts of this State is hereby also authorized to investigate the
						  qualifications and the character and fitness of applicants for licenses to
						  practice as legal consultants pursuant to the Judiciary Law (§ 53, [6])
						  and the rules of the Court of Appeals (22 NYCRR Part 521).
(b) Every applicant for a
						  license to practice as a legal consultant shall complete, verify and file with
						  the clerk of this court the standard form of questionnaire, and shall comply
						  with all the other requirements, prescribed for that purpose by this court (see
						  Chapter V of Subtitle D of this Title).
(c) Every application in this
						  department for such a license shall be referred to the committee on character
						  and fitness for the judicial district in which the applicant actually resides
						  at the time of such application, and, unless otherwise ordered by the court, no
						  such license shall be granted without a certificate from such committee that it
						  has found that the applicant possesses the qualifications and the character and
						  fitness required therefor.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.2 - Documents, affidavits and other proof required

Current through
						  Register Vol. 46, No. 28, July 10, 2024
Every applicant for a license to
							 practice as a legal consultant shall file the following additional papers with
							 his application:
(a) A
						  certificate from the authority having final jurisdiction over professional
						  discipline in the foreign country in which the applicant was admitted to
						  practice, which shall be signed by responsible official or one of the members
						  of the executive body of such authority and shall be attested under the hand
						  and seal, if any, of the clerk of such authority, and which shall certify:
(1) as to the authority's
						  jurisdiction in such matters;
(2) as to the applicant's admission to
						  practice in such foreign country and the date thereof and as to his good
						  standing as an attorney or counselor at law or the equivalent therein,
						  and
(3) as to
						  whether any charge or complaint has ever been filed against the applicant with
						  such authority, and, if so, the substance of each such charge or complaint and
						  the disposition thereof.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.3 - College and law school certificates

Current through Register Vol. 46,
						  No. 28, July 10, 2024
A certificate shall be submitted from
							 each college and law school attended by the applicant, setting forth the
							 information required by forms which shall be provided to the applicant for that
							 purpose.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.4 - Exceptional situations

Current through Register Vol. 46, No. 28,
						  July 10, 2024
In the event that the applicant is
							 unable to comply strictly with any of the foregoing requirements, the applicant
							 shall set forth the reasons for such inability in an affidavit, together with a
							 statement showing in detail the efforts made to fulfill such
							 requirements.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.5 - Authority of committee on character and fitness to require additional proof

Current through Register Vol. 46, No. 28, July 10,
						  2024
The committee on character and fitness
							 may in any case require the applicant to submit such additional proof or
							 information as it may deem appropriate and may also require the applicant to
							 submit a report of the National Conference of Bar Examiners with respect to his
							 character and qualifications.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.6 - Undertaking

Current through Register Vol. 46, No. 28, July 10,
						  2024
Prior to taking custody of any money,
							 securities (other than unindorsed securities in registered form), negotiable
							 instruments, bullion, precious stones or other valuables, in the course of his
							 practice as a legal consultant, for or on behalf of any client domiciled or
							 residing in the United States, every person licensed to practice as a legal
							 consultant shall obtain, and shall maintain in effect for the duration of such
							 custody, an undertaking issued by a duly authorized surety company, and
							 approved by a justice of this court, to assure the faithful and fair discharge
							 of his duties and obligations arising from such custody. The undertaking shall
							 be in an amount not less than the amount of any such money, or the fair market
							 value of any such property other than money, of which the legal consultant
							 shall have custody, except that this court may in any case in its discretion
							 for good cause direct that such undertaking shall be in a greater or lesser
							 amount. The undertaking or a duplicate original thereof shall be promptly filed
							 by the legal consultant with the clerk of this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.7 - Disciplinary procedure

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Disciplinary proceedings and
							 proceedings under section
							 603.16 of this Title against any
							 legal consultant shall be initiated and conducted in the manner and by the same
							 agencies as prescribed by law for disciplinary proceedings against
							 attorneys.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 610 - Licensing Of Legal Consultants › Section 610.8 - Filing

Current through Register Vol. 46, No. 28, July 10,
						  2024
Every application in this department
							 for a license as a legal consultant, together with all the papers submitted
							 thereon, shall upon its final disposition be filed in the office of the clerk
							 of this court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.1 - Introduction

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a)
(1) The Family Court panels
						  now established in the First Judicial Department pursuant to article 18-B of
						  the County Law and pertinent provisions of the Family Court Act, shall continue
						  in effect and shall constitute the Family Court Panel Plan in the First
						  Judicial Department.
(2) The roster of attorneys for
						  children certified pursuant to the Rules of the Chief Administrator Part 36 and
						  the former Rules of the Court Part 614, to accept appointment as an attorney
						  for a child pursuant to Family Court section 249(a), Civil Practice Law and
						  Rules section 1202, or Uniform Rules of the Trial Court section
						  202.16(f)(3),
						  shall continue in effect in this department as part of the Attorneys for
						  Children Plan.
(3)
						  The Family Court Panel Plan and the attorneys for children roster are merged to
						  form the Attorneys for Children Plan. An attorney certified for appointment in
						  one capacity shall be deemed certified for appointment in the other capacity
						  and by virtue of the certification agrees to accept assignments and
						  appointments in Supreme Court or Family Court.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.2 - Assignment of counsel in Family Court

Current through Register Vol.
						  46, No. 28, July 10, 2024
Counsel to be assigned pursuant to the
							 Family Court Act, section 262, shall be selected from such panels as have been
							 established by the assigned counsel plan in the First Judicial
							 Department.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.3 - Appointment of attorneys for children in Family Court

Current
						  through Register Vol. 46, No. 28, July 10, 2024
Where for sufficient reason attorneys
							 for children to be appointed pursuant to the Family Court Act, section 249,
							 cannot otherwise be designated as provided in section 243(a) of such act, the
							 court may draw upon such panels as have been established by the assigned
							 counsel plan for the First Judicial Department as if such panels had been
							 separately established pursuant to section 243(c) of such
							 act.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.4 - Certification of attorneys

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Certification of an attorney as a
							 member of any panel of the Attorneys for Children Plan shall be for a one-year
							 term subject to:
(a)
						  annual redesignation pursuant to Family Court Act, section 244(b);
						  and
(b)
						  recertification as directed by the justices of the Appellate Division, First
						  Department.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.5 - Departmental Advisory Committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
Commencing January 1, 1980, the
							 justices of the Appellate Division, First Department established a Departmental
							 Advisory Committee. This committee shall remain in operation and have the
							 authority and responsibility to oversee the operation of the Attorneys for
							 Children Plan and to consider all matters that pertain to the qualifications,
							 performance and professional conduct of individual plan attorneys in their
							 assignments and appointments as plan attorneys, and the representation of
							 indigent parties in Family Court proceedings.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.6 - Composition of the Departmental Advisory Committee

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) The committee shall be
						  composed of no fewer than 15 attorneys who shall be experienced in Family Court
						  and domestic relations proceedings, three Family Court Judges, one mental
						  health expert, one representative from each of the three bar associations
						  designated in section
						  612.3 of this Title, one faculty
						  member of an accredited law school in the First Judicial Department, the
						  Director of the Office of Attorneys for Children and the Assigned Counsel Plan
						  Administrator.
(b)
						  The justices of the Appellate Division, First Department shall nominate all
						  committee members, except the representatives of the three bar associations,
						  who shall be nominated by the respective presidents of those associations. The
						  presiding Justice may appoint such additional members to the committee as will
						  facilitate its operation. The term of appointment for each committee member,
						  except the Director of the Office of Attorneys for Children and Assigned
						  Counsel Plan Administrator, shall be staggered and for a period of three years
						  subject to renomination by the justices of the Appellate Division. The term of
						  appointment for the Director of the Office of Attorneys for Children and the
						  Assigned Counsel Plan Administrator shall be coextensive with the term of their
						  respective positions.
(c) The Presiding Justice shall
						  designate a chair and vice-chair of the committee.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.7 - Duties of the Departmental Advisory Committee

Current through
						  Register Vol. 46, No. 28, July 10, 2024
The Departmental Advisory Committee
							 shall conduct its activities and carry out the duties enumerated in this Part
							 pursuant to the bylaws of the Assigned Counsel Plan Central Screening
							 Committee, set forth in Part 612 of this Title. The Director of the Office of
							 Attorneys for Children shall be substituted where reference in the bylaws is
							 made to the administrator.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.8 - Screening process

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) All applicants for plan membership
						  shall be screened by the Departmental Advisory Committee.
(b) The committee, in
						  accordance with standards for admission to the panels, entitled General
						  Requirements for all Applicants to the Family Court Panels and General
						  Requirements for Attorneys for Children to Qualify for Appointment in Domestic
						  Relations Matters, shall make a determination as to whether an attorney is
						  qualified for membership on any of the panels.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.9 - Continuing legal education

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) The Departmental Advisory
						  Committee, in cooperation with the Assigned Counsel Plan, the Continuing Legal
						  Education Office and the three bar associations designated in section
						  612.3 of this Title, shall:
(1) on a continuing basis,
						  develop and conduct training and education programs that focus on Domestic
						  Relations Law and Practice before the Family Court;
(2) annually promulgate a list
						  of recommended training and education programs pertaining to domestic relations
						  and family law sponsored by independent providers of legal education;
						  and
(3) organize and
						  operate a co-counsel program.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.10 - Annual report

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) No later than September 30th of
						  each calendar year the Departmental Advisory Committee shall file with the
						  Appellate Division a written evaluation of the panels and the panel attorneys,
						  setting forth information regarding: the performance of plan attorneys,
						  efficiency of the panels as a means of representing indigent parties, the
						  training and education programs sponsored and recommended by the committee, and
						  proposals for improving the operation of the Attorneys for Children Plan. In
						  preparing the written evaluation, the committee may consult with Family Court
						  judges and bar associations. Plan attorneys shall cooperate with the committee
						  in preparing the evaluation.
(b) An annual report of the operation
						  of the Family Court panels shall be filed by the Appellate Division with the
						  Chief Administrator of the Unified Court System no later than January 31st of
						  each calendar year.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.11 - Continuity of powers

Current through Register Vol. 46, No. 28, July
						  10, 2024
Nothing contained in this Part shall
							 be construed to limit the powers of the Appellate Division or the presiding
							 justice thereof or the administrator of the assigned counsel plan otherwise
							 granted pursuant to law.
New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter A - First Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 611 - Attorneys For Children Plan › Section 611.12 - Members of the Departmental Advisory Committee as volunteers

Current
						  through Register Vol. 46, No. 28, July 10, 2024
The members of the Departmental
							 Advisory Committee, as volunteers are expressly authorized to participate in a
							 State-sponsored volunteer program within the meaning of Public Officers Law,
							 section 17(a).