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 611 - Attorneys For Children Plan › Section 611.13 - Complaints

Current through Register Vol. 46, No. 28, July 10,
						  2024
The Department Advisory Committee may
							 receive and investigate complaints against individual plan members appointed
							 pursuant to this Part according to the procedures set forth in Part 612
							 Appendix A of the Rules of the 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 611.14 - Use of records

Current through Register Vol. 46, No. 28, July
						  10, 2024
All papers, records and documents
							 involving a complaint relating to the discharge of a panel attorney's duties
							 shall be sealed and deemed private and confidential. However, upon good cause
							 being shown, the justices of the Appellate Division or the presiding justice
							 thereof may, by written order, permit to be divulged all or any part of such
							 papers, records and documents. In the discretion of the presiding justice, such
							 order may be made either with notice to the persons or attorneys to be affected
							 thereby, or upon such notice to them as the presiding justice may direct.
							 Records of the Departmental Advisory Committee shall be made available, upon
							 request, without the necessity for such order, to the Departmental Disciplinary
							 Committee for the Appellate Division, 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.0 - Introduction

Current through Register Vol. 46, No. 28, July 10,
						  2024
The justices of the Appellate Division
							 of the Supreme Court in and for the First Judicial Department, by virtue of the
							 authority vested in them by law and pursuant to article 18-B of the County Law
							 as implemented by Executive Order No. 178 of the Mayor of the City of New York
							 effective December 1, 1965, and by the Assigned Counsel Plan, approved by the
							 Administrative Board of the Judicial Conference of the State of New York on
							 April 28, 1966, do hereby, effective July 1, 1980, adopt this Part to establish
							 rules governing the Criminal Courts Panel Plan of the Assigned Counsel Plan for
							 the Appellate Division, First Judicial Department, and to set forth rules and
							 standards regulating the selection, designation, performance and professional
							 conduct of individual panel plan attorneys appointed to furnish representation
							 for indigent defendants in criminal 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.1 - Previous measures continued

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The Assigned Counsel Plan and the
							 Criminal Courts Panels previously established in the First Judicial Department
							 pursuant to article 18-B of the County Law shall continue in effect in this
							 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.2 - Term of appointments

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Appointments of attorneys to any of
							 the Indigent Defendant Legal Panels shall be for an indefinite term subject to
							 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.3 - Authority of screening committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The departmental central screening
							 committee heretofore established on January 4, 1979, upon the agreement and
							 recommendation of the participating bar associations to the Assigned Counsel
							 Plan (i.e., Association of the Bar of the City of New York, New York County
							 Lawyers' Association, Bronx County Bar Association), is continued in effect in
							 this department. The departmental screening committee shall have the authority
							 and responsibility to oversee the operation of the panel plan and to consider
							 all matters which pertain to the performance and professional conduct of
							 individual panel plan attorneys in their assignments as panel attorneys and the
							 representation of indigent parties in criminal 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.4 - Membership of screening committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The membership of the central
							 screening committee shall consist of members from each of the aforesaid bar
							 associations, such members to be nominated by the presidents of the
							 associations or the justices of the Appellate Division, First Department. The
							 chair, vice-chair and secretary shall be designated by the presiding justice
							 from among the nominees. The term of appointment for each member shall be for a
							 period of three years subject to renomination by the justices of the Appellate
							 Division.
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 612.5 - Duties of screening committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The central screening committee shall
							 promulgate bylaws, subject to the approval of the Appellate Division, First
							 Judicial Department, pursuant to which the committee may conduct its activities
							 and carry out those duties as enumerated in this Part.
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 612.6 - Screening process

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) All applications for panel
						  membership shall be screened by the central screening committee.
(b) The committee, in
						  accordance with standards for admission to the panels, entitled "General
						  Requirements for All Applicants to the Indigent Defendants Legal Panel", shall
						  make a determination as to whether an applicant 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.7 - Monitoring of criminal appeals; annual; written evaluation

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) As directed by the court,
						  an employee of the Assigned Counsel Plan office shall monitor and report to the
						  court the status of pending criminal appeals assigned to members of the
						  appellate legal panel.
(b) No later than the last day of each
						  calendar year, the central screening committee shall file with the Appellate
						  Division a written evaluation of the plan and of panel attorneys, including
						  Criminal Court, Supreme Court, homicide and appellate panels, setting forth all
						  appropriate information with respect to the efficiency of the panel plan,
						  problems which may exist in the operation plan, and procedures which have been
						  or will be followed to improve the quality of legal representation in the
						  Criminal Courts. In preparing the written evaluation, the central screening
						  committee may seek evaluations of the plan and administrator of the Assigned
						  Counsel Plan in the First Judicial Department, the Association of the Bar of
						  the City of New York, the New York County Lawyers' Association, the Bronx
						  County Bar Association and panel attorneys shall cooperate with the central
						  screening committee in this evaluation.
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 612.8 - Training program

Current through Register Vol. 46, No. 28, July
						  10, 2024
Pursuant to the obligations of the
							 participating bar associations under article 18-B of the County Law and the
							 Assigned Counsel Plan, the bar associations shall, after consultation with the
							 Appellate Division and the administrator of the Assigned Counsel Plan, provide
							 a continuing program of training and education which will allow panel attorneys
							 to improve their professional competence in criminal law. This program should
							 provide for, but not be confined to, the establishment of a continuing
							 cocounsel program and a professional course in criminal
							 advocacy.
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 612.9 - Panel attorneys

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a) The Appellate Division, pursuant to
						  the provisions of the Assigned Counsel Plan, may at any time make additions to
						  or deletions from the panels.
(b) The central screening committee may
						  continue to process complaints against panel attorneys which relate to the
						  discharge of an attorney's duties under the panel plan, and shall, in
						  consultation with the administrator of the Assigned Counsel Plan, and subject
						  to the approval of the Appellate Division, adopt rules for the processing of
						  such complaints.
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 612.10 - Use of records

Current through Register Vol. 46, No. 28, July
						  10, 2024
All papers, records and documents
							 involving a complaint relating to the discharge of a panel attorney's duties
							 shall be sealed and be deemed private and confidential. However, upon good
							 cause being shown, the justices of the Appellate Division or the presiding
							 justice thereof may, by written order, permit to be divulged all or any part of
							 such papers, records and documents. In the discretion of the presiding justice
							 or the acting presiding justice, such order may be made either without notice
							 to the persons or attorneys to be affected thereby, or upon such notice to them
							 as he may direct. Records of the central screening committee, however, shall be
							 made available, upon request, without the necessity for such order, to the
							 Departmental Disciplinary Committee for the Appellate Division, 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.11 - Members of departmental screening committee as volunteers

Current through Register Vol. 46, No. 28, July 10,
						  2024
The members of the departmental
							 central screening committee as volunteers are expressly authorized to
							 participate in a State-sponsored volunteer program within the meaning of
							 subdivision 1 of section
							 17 of the
							 Public Officers 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 612 - Rules To Implement A Criminal Courts Panel Plan › Section 612.12 - Present powers retained

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Nothing contained in this Part shall
							 be construed to limit the power of the Appellate Division, the presiding
							 justice thereof, the participating bar associations to the Assigned Counsel
							 Plan or the administrator of the Assigned Counsel Plan otherwise granted by the
							 Assigned Counsel Plan.
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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.1 - Introduction

Current through Register Vol. 46, No. 28, July 10,
						  2024
The justices of the Appellate Division
							 of the Supreme Court in and for the First Judicial Department, by virtue of the
							 authority vested in them by law and pursuant to article 18-B of the County Law
							 as implemented by Executive Order No. 178 of the Mayor of the City of New York
							 effective December 1, 1965, the Assigned Counsel Plan approved by the
							 Administrative Board of the Judicial Conference of the State of New York on
							 April 28, 1966, and now upon the request of the City of New York and the
							 participating bar associations to the Assigned Counsel Plan (i.e., Association
							 of the Bar of the City of New York, New York County Lawyers' Association and
							 the Bronx County Bar Association) do hereby, effective November 1, 1995, adopt
							 this Part to establish rules governing the indigent defense organization
							 oversight committee for the Appellate Division, First Judicial Department, and
							 to set forth rules and standards regulating the performance and professional
							 conduct of indigent defense organizations and the attorneys in the employ of
							 such organization who are appointed to furnish representation for indigent
							 defendants in criminal 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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.2 - Previous measures continued

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The Assigned Counsel Plan and the
							 Criminal Courts Panels previously established in the First Judicial Department
							 pursuant to article 18-B of the County Law shall continue in effect in this
							 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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.3 - Authority of oversight committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The indigent defense organization
							 oversight committee hereby established, upon the agreement and recommendation
							 of the City of New York and the participating bar associations to the Assigned
							 Counsel Plan (i.e., Association of the Bar of the City of New York, New York
							 County Lawyers' Association, and the Bronx County Bar Association) shall have
							 the authority and responsibility to monitor the operation of organizations that
							 contract with the City of New York to represent indigent defendants in criminal
							 proceedings, and to consider all matters that pertain to the performance and
							 professional conduct of such organizations and the individual attorneys in
							 their employ who are assigned to represent indigent parties in criminal
							 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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.4 - Membership of oversight committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The membership of the oversight
							 committee shall consist of lawyers to be nominated by the presidents of the bar
							 associations and by the justices of the Appellate Division, First Department.
							 The chair and vice-chair shall be designated by the presiding justice from
							 among the nominees. The term of appointment for each member shall be for a
							 period of three years subject to renomination by the justices of the Appellate
							 Division, with the exception that four nominees will be appointed for an
							 initial term of four years.
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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.5 - Duties of oversight committee

Current through Register Vol. 46,
						  No. 28, July 10, 2024
The oversight committee shall
							 promulgate bylaws and standards to be entitled "General Requirements for All
							 Organized Providers of Defense Services to Indigent Defendants," subject to the
							 approval of the Appellate Division, First Judicial Department, pursuant to
							 which the committee may conduct its activities and carry out those duties as
							 enumerated in this Part to ensure that indigent defendants are afforded quality
							 legal representation.
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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.6 - Monitoring process

Current through Register Vol. 46, No. 28, July
						  10, 2024
(a) All organizations awarded contracts
						  by the City of New York for the provision of defense services shall be
						  monitored from the time the contract is awarded by the oversight
						  committee.
(b) The
						  committee, in accordance with the "General Requirements For All Organized
						  Providers of Defense Services to Indigent Defendants," shall make a
						  determination as to whether the organizations that contract with the City of
						  New York meet those standards.
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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.7 - Written evaluation

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The oversight committee shall file
							 with the Appellate Division a written evaluation of the organizations providing
							 indigent defense services, setting forth all appropriate information with
							 respect to the organizations' performance, problems which may exist in their
							 operation, and procedures which have been or will be followed to improve the
							 quality of legal representation rendered to indigent defendants. Unless the
							 Court directs otherwise, the oversight committee shall file the written
							 evaluations biennially, commencing June 1, 2002. In preparing the written
							 evaluations, the oversight committee may seek evaluations of the organizations'
							 performance and the Administrator of the Assigned Counsel Plan in the First
							 Judicial Department, the Association of the Bar of the City of New York, the
							 New York County Lawyers' Association, and the Bronx County Bar Association
							 shall cooperate with the oversight committee in this
							 evaluation.
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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.8 - Cooperation of indigent defense organizations

Current through
						  Register Vol. 46, No. 28, July 10, 2024
All organizations awarded contracts by
							 the City of New York to provide representation to indigent defendants in
							 criminal proceedings shall cooperate with and otherwise assist the oversight
							 committee in the discharge of its 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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.9 - Training program

Current through Register Vol. 46, No. 28, July
						  10, 2024
Pursuant to the obligations of the
							 participating bar associations under article 18-B of the County Law and the
							 Assigned Counsel Plan, the bar associations shall, after consultation with the
							 Appellate Division and the oversight committee, provide a continuing program of
							 training and education which will enable indigent defense organizations and the
							 attorneys in their employ to improve their professional competence in criminal
							 law. This program should provide for, but not be confined to, a professional
							 course in criminal advocacy.
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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.10 - Complaints

Current through Register Vol. 46, No. 28, July 10,
						  2024
The oversight committee may receive
							 and investigate complaints against organizations providing representation to
							 indigent defendants and the attorneys in their employ which relate to the
							 discharge of an organization's or an individual attorney's duties pursuant to
							 an order of appointment, and shall, subject to the approval of the Appellate
							 Division, adopt rules for the processing of such complaints.
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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.11 - Use of records

Current through Register Vol. 46, No. 28, July
						  10, 2024
All papers, records and documents
							 involving a complaint against an organization providing representation to
							 indigent defendants or an attorney in its employ shall be sealed and be deemed
							 private and confidential. However, upon good cause being shown, the justices of
							 the Appellate Division or the presiding justice thereof may, by written order,
							 permit to be divulged all or any part of such papers, records and documents. In
							 the discretion of the presiding justice such order may be made either without
							 notice to the organization, persons or attorneys to be affected thereby, or
							 upon such notice to them as he may direct. Records of the oversight committee,
							 however, shall be made available, upon request, without the necessity for such
							 order, to the Departmental Disciplinary Committee for the Appellate Division,
							 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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.12 - Members of first department indigent defense organization oversight committee as volunteers

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The members of the first department
							 indigent defense organization oversight committee, as volunteers, are expressly
							 authorized to participate in a State-sponsored volunteer program within the
							 meaning of section
							 17
							 (1) of the Public Officers
							 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 613 - Rules To Implement An Indigent Defense Organization Oversight Committee › Section 613.13 - Present powers retained

Current through Register Vol. 46, No. 28,
						  July 10, 2024
Nothing contained in this Part shall
							 be construed to limit the power of the Appellate Division, the presiding
							 justice thereof, or the participating bar associations to the Assigned Counsel
							 Plan otherwise granted by the Assigned Counsel Plan.
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 B - Special Rules › Part 620 - Repealed › Section 620.1 to 620.3 - 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 B - Special Rules › Part 620 - Repealed › Section 620.5 to 620.13 - 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 B - Special Rules › Part 620 - Repealed › Section 620.15 to 620.17 - 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 B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.1 - 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.3 - 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 service as guardian ad litem or
							 court evaluator consistent with, and within the scope of the service's
							 statutory duties, except when the service advises the court that such
							 appointment would create a conflict of interest with the Service's duties as
							 counsel pursuant to section
							 623.2 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 B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.4 - 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)
(1) A panel of highly qualified
						  psychiatrists shall be constituted and maintained by the presiding justice in
						  cooperation with the New York Academy of Medicine in consultation with the
						  local chapters or branches of the psychiatric or medical profession.
(2) The designation of a
						  psychiatrist shall be made, except when the patient pays for his or her own
						  psychiatrist or when the appointment is made pursuant to article 81 of the
						  Mental Hygiene Law, from the aforesaid panel and shall be as far as possible on
						  rotation basis.
(3)
						  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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.5 - 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.6 - 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 Judiciary Law section 35; and the director's requests 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 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.7 - 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 A - First Judicial Department › Article 1 - Appellate Division › Subarticle B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.8 to 622.9 - 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 B - Special Rules › Part 622 - Mental Hygiene Legal Service › Section 622.10 - 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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.1 - Access to mental Health professionals

Current through Register Vol. 46,
						  No. 28, July 10, 2024
In custody and visitation,
							 delinquency, persons in need of supervision, child abuse and neglect,
							 termination of parental rights, family offense, and adoption cares, an
							 evaluation of the parties by a mental health professional is often necessary to
							 assist the court in reaching an appropriate decision. To assure that the court
							 and the parties have access to qualified mental health professionals, a panel
							 of social workers, psychologists and psychiatrists shall be established in the
							 First and Second Judicial Departments in accordance with this Part and Part 680
							 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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.2 - Mental health professionals certification committee

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) A mental health
						  professionals certification committee shall be established for the First and
						  Second Judicial Departments.
(b) The committee shall be composed of
						  no fewer than two justices of the Supreme Court, two judges of the Family
						  Court, two lawyers, two social workers, two psychologists, and two
						  psychiatrists. Half of the members in each class shall be appointed by the
						  Presiding Justices of the First and Second Departments of the Appellate
						  Division, respectively, for three year terms. Committee members shall be
						  eligible for reappointment for additional terms. The Directors of the Office of
						  Attorneys for Children for the Appellate Division in the First and Second
						  Judicial Departments, respectively, or their designees, shall be ex-officio
						  members.
(c) The
						  members of the committee shall serve as volunteers, authorized to participate
						  in a State-sponsored volunteer program within the meaning of the Public
						  Officers Law, section 17.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.3 - Duties of mental health professionals certification committee

Current
						  through Register Vol. 46, No. 28, July 10, 2024
Subject to the supervision of the
							 Presiding Justices of the Appellate Division of the First and Second Judicial
							 Departments, the mental health professionals certification committee shall
							 establish procedures for:
(a) the appointment of applicants for
						  membership and the panel for mental health professionals;
(b) periodic evaluation of
						  panel members;
(c)
						  training and panel members;
(d) investigating complaints made
						  against panel members; and
(e) removal of mental health
						  professionals from the panel.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.4 - Establishment of mental health professionals panel

Current through
						  Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility requirements.
						  A member of the mental health professionals panel shall:
(1) be a social worker, psychologist,
						  or psychiatrist licensed by the State of New York;
(2) complete six hours of
						  introductory training approved by the Presiding Justices of the Appellate
						  Division of the First and Second Judicial Departments;
(3) demonstrate that he or she
						  has forensic experience, including having testified and an expert and/or having
						  submitted a clinical report in connection with one or more of the following
						  types of court proceedings: custody and visitation, delinquency, persons in
						  need of supervision, child abuse and neglect, termination of parental rights,
						  family offense, and adoption;
(4) maintain professional malpractice
						  insurance; and
(5)
						  meet such additional requirements as shall be established by the mental health
						  professionals certification committee with the approval of the Presiding
						  Justices of the Appellate Divisions of the First and Second Judicial
						  Departments.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.5 - Appointment of mental health professionals from panel

Current
						  through Register Vol. 46, No. 28, July 10, 2024
(a) Appointment. A court may
						  appoint a mental health professional or professionals to evaluate adults and
						  children in any case involving custody and visitation, delinquency, persons in
						  need of supervision, child abuse and neglect, termination of parental rights,
						  family offense, and adoption wherein compensation is paid privately or pursuant
						  to Judiciary Law, section 35 of County Law, article 18-B. Such appointments
						  shall be from the mental health professionals panel promulgated pursuant to
						  these rules. A court, upon a finding of good cause, may appoint a mental health
						  professional who is not a member of the mental health professionals panel. This
						  section shall not apply to providers of mental health services pursuant to a
						  governmental contract.
(b) Order of appointment. The court
						  appointing a mental health professional shall issue a written order setting
						  forth the terms and conditions of the appointment including the method and rate
						  of compensation and by whom such compensation is to be paid. A copy of the
						  order shall be provided to the mental health professional and to every party to
						  the case, including the attorney, if any, for each child.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.6 - Compensation of mental health professionals

Current through Register
						  Vol. 46, No. 28, July 10, 2024
(a) The compensation for mental health
						  professionals appointed pursuant to Judiciary Law, section 35 or County Law,
						  section 722-c shall be set in accordance with guidelines promulgated by the
						  Chief Administrator of the Courts. Applications for payment for services
						  rendered pursuant to those sections shall be submitted for approval to the
						  court that appointed the panel member on forms authorized by the Chief
						  Administrator of the Courts or by the appropriate local fiscal
						  authority.
(b) The
						  compensation of mental health professionals appointed in cases in which their
						  fees shall be borne in whole or in part by the parties shall be at rates fixed
						  by the court in accordance with the charge for such services prevailing in the
						  community and the financial circumstances of the parties. Such compensation
						  shall not exceed a sum certain to be set forth in the order of appointment,
						  which sum shall be based on the selected rate and the estimated number of hours
						  required to perform the necessary services, except that if, in the judgment of
						  the mental health professional, the number of hours required to perform the
						  necessary services is likely to exceed the number set forth in the order of
						  appointment, he or she may make application to the court to amend that order by
						  increasing the number of hours accordingly. The application shall be made by
						  letter, a copy of which shall be forwarded to the party or parties responsible
						  for the payment of the fee.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.7 - Training and education

Current through Register Vol. 46, No. 28,
						  July 10, 2024
The mental health professionals
							 certification committee shall establish a training and education program for
							 members of the mental health professionals panel. The program may be
							 established in cooperation with relevant professional organizations. The
							 committee may make attendance at training sessions a requirement for continued
							 membership on the panel of mental health professionals.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.8 - Periodic evaluation of panel members

Current through Register
						  Vol. 46, No. 28, July 10, 2024
The mental health professionals
							 certification committee shall establish procedures by which it shall
							 periodically evaluate the work performed by each member of the panel of mental
							 health professionals. In conducting its evaluation the committee shall seek
							 information from judges and other appropriate and knowledgeable persons. The
							 committee shall not recommend for reappointment to the panel any member whose
							 performance has been determined to be unsatisfactory.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.9 - Removal

Current through Register Vol. 46, No. 28, July 10,
						  2024
The Presiding Justices of the
							 Appellate Division of the First and Second Judicial Departments may, by joint
							 order, remove members of the mental health professionals panel. The mental
							 health professionals certification committee may, at any time, recommend to the
							 Presiding Justices that a mental health professional be removed from the
							 panel.
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 B - Special Rules › Part 623 - Mental Health Professionals Panel › Section 623.10 - Annual report of the mental health professionals certification committee

Current through Register Vol. 46, No. 28, July 10,
						  2024
On June 1st of each year the mental
							 health professionals certification committee shall submit to the Presiding
							 Justices of the Appellate Division in the First and Second Judicial Departments
							 an annual report containing an evaluation of the operation of the mental health
							 professionals panel and the training program and any recommendations concerning
							 measures that should be adopted to improve the performance of the panel and
							 training program. A copy of that report shall be forwarded to the Chief
							 Administrator of the Courts.
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 C - Orders › Part 635 - Joint Administrative Orders › Section 635.1 to 635.2 - 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 C - Orders › Part 635 - Joint Administrative Orders › Section 635.3 - 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 C - Orders › Part 635 - Joint Administrative Orders › Section 635.4 - Repealed

Current through Register Vol. 46, No. 28,
						  July 10, 2024