N.Y. Comp. Codes R. & Regs. tit. 22 § 678.13

Current through Register Vol. 46, No. 36, September 4, 2024

Section 678.13 - Reappointment of attorney to panel

(a) Attorney previously denied certification:

(1) An attorney who has previously served on an assigned counsel plan panel and who was denied recertification, may be granted permission to reapply to the assigned counsel plan under the following conditions:

(i) at least one year has elapsed since denial of recertification;

(ii) the attorney submits at least three letters of reference from lawyers who have served as opposing counsel in litigated matters in the past year;

(iii) the attorney submits at least three letters from judges of courts of record before whom she/he has practiced in the past year;

(iv) the letters referred to in subparagraphs (ii) and (iii) of this paragraph must address at least the following issues: the attorney's trial skills or appellate skills, integrity, knowledge of criminal law, and her/his vigor of advocacy; and

(v) the attorney submits two writing samples, including a brief or motion papers prepared in the past year.

(2) Materials required by paragraph (1) of this subdivision shall be submitted to the advisory committee for the assigned counsel plan.

(3) Upon receipt of the materials required by paragraph (1) of this subdivision, the chairperson shall select a subcommittee of three members to interview the applicant, review the applicant's qualifications and make a recommendation.

(4) The subcommittee shall report to the advisory committee its recommendation and underlying reasons.

(5) Upon review of the subcommittee's report and recommendations, the advisory committee shall decide whether to grant or deny permission to the attorney to reapply to the screening committee of the county bar association.

(b) Attorney previously removed for cause:

(1) An attorney who has previously served on an assigned counsel plan panel and who was removed for cause from the panel must submit a letter to the advisory committee indicating the reason why she/he was removed from the panel and the specific panel to which the attorney seeks appointment.

(2) No letter may be submitted until at least two years have elapsed since the removal of the attorney.

(3) The advisory committee shall consider the request to reapply and, in the event permission is granted, the attorney shall submit materials required in subparagraphs (a)(1)(ii), (iii), (iv) and paragraph (2) of this section to the screening committee of the county bar association.

(c) Attorney who has become inactive:

(1) An attorney who has previously served on the assigned counsel plan panel and who resigned or was removed because of inactivity for a period of three years, may be reinstated by the administrator or at the discretion of the administrator, referred to the advisory committee provided:

(i) at least one year has elapsed since leaving the panel; and

(ii) the attorney submits a letter to the administrator stating the reasons she/he left the panel, details of her/his professional work since leaving the panel, a certificate of good standing and a statement that there are no pending disciplinary matters, and that she/he did not have any disciplinary matters during the time she/he was off the panel.

(2) The administrator at her/his discretion may refer the request to the advisory committee for its review, if the administrator believes a more in-depth review of the attorney should be conducted.

(3) The advisory committee shall consider the request and if it decides more information is required it can request the attorney to submit the information required in subparagraphs (a)(1)(ii), (iii), (iv) and (v) of this section.

(4) The advisory committee can grant or deny the request to be reinstated. If permission to reapply is denied pursuant to subdivision (a), (b) or (c) of this section, a new request may not be submitted for a least one year.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 678.13