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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.13 - Appendix A-central screening committee indigent defendants assigned counsel plan

Current through Register Vol. 46, No. 28, July
						  10, 2024
The Appellate Division, First Judicial
							 Department, in furtherance of its obligation to provide indigent criminal
							 defendants with competent counsel, approves the bylaws contained herein.
							 Membership on all assigned counsel panels is a privilege granted to qualified
							 attorneys by the Appellate Division, First Judicial Department.
BYLAWS
1. Quorum and Voting
1.1 A quorum of a majority of the
							 Committee is required for the conduct of business.
1.2 Final action on proposed
							 guidelines, applications and complaints requires a majority vote of a
							 quorum.
2.
						  Application for Certification or Recertification
2.1 All applications for certification
							 or recertification to the panels shall be addressed to the Administrator. The
							 provisions of this section shall apply to applications seeking initial
							 certification or recertification to the panels.
2.2 The Administrator shall examine
							 each application for facial sufficiency. If it is found to be insufficient, the
							 Administrator shall return the application to the applicant.
2.3 The Administrator shall promptly
							 assign every application not returned pursuant to 2.2 to the Committee member
							 for his or her review.
2.4 Within sixty days of receiving the
							 application, the assigned committee member shall contact two-thirds of the
							 required references, at least two in each category (judges, adversaries and
							 colleagues) and shall recommend in writing, to the Chair, the action to be
							 taken on the application. A copy of the recommendation shall be submitted to
							 the Administrator. Requests for extension of the sixty day period shall be made
							 in writing to the Administrator.
2.5 Upon receipt of the assigned
							 Committee member's recommendation, the Chair shall accept the recommendation or
							 refer the application to the Committee for review. When the Chair refers an
							 application to the Committee, the Chair shall invite the applicant to appear
							 before the Committee. Upon a review of the assigned Committee member's
							 recommendation, the application and any other relevant material, the Committee
							 shall vote on the application pursuant to §
														1.2 of these bylaws. The Chair or
							 the Committee shall take the following action on an application:
(1) Certify the applicant to
						  the panel(s) for which he or she is qualified;
(2) Deny certification of the
						  applicant to any of the panels for which he or she is not qualified;
(3) Set conditions that the
						  applicant must meet to establish the necessary qualifications for
						  certification.
2.6 Applicants shall be advised by
							 letter of the determination. In the event the applicant is denied
							 certification, the letter must specify the reasons therefor.
2.7 The Committee's action is
							 appealable to the presiding justice of the Appellate Division, First Judicial
							 Department by the submission of a letter requesting review of the Committee's
							 determination. The presiding justice's review of the Committee's determination
							 is final and non-appealable.
2.8 An applicant denied certification
							 to any panel may reapply for that panel one year after the date of the letter
							 denying certification unless a shorter time or other conditions are set by the
							 Chair or the Committee pursuant to §2.5.