N.Y. Comp. Codes R. & Regs. tit. 22 § 606.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 606.1 - Assignments pursuant to section 35 of the Judiciary Law

(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.

(b) Psychiatrists and physicians.

(1) Whenever in a proceeding described in section 35 of the Judiciary Law the court shall find that a psychiatrist or physician should be appointed to examine and report and, if required, to testify at the hearing upon the condition of a person, the court shall request the Mental Health Information Service to designate such psychiatrist or physician for such purposes. If the court deems that because of a conflict of interest or other good cause the service should not make the designation, it shall request the Impartial Medical Panel Office of the Supreme Court, First Judicial District, to do so. Designations shall, as nearly as possible, be by rotation from panels of psychiatrists and physicians recommended by the New York Academy of Medicine in consultation with the Bronx County and New York County chapters of the American Psychiatric Association, Bronx County Medical Society, and the Medical Society of the County of New York, including the panel heretofore furnished to the Mental Health Information Service, First Judicial Department.

(2) A copy of each order of appointment entered by the court shall be forwarded to the director of the Mental Health Information Service. Claims for compensation by a psychiatrist or physician 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 606.1