N.Y. Comp. Codes R. & Regs. tit. 22 § 822.1

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

Section 822.1 - Assignment of counsel

(a) Upon a hearing in a proceeding described in subdivision 1(a) of section 35 of the Judiciary Law, wherein petitioner is financially unable to retain counsel, the court shall assign counsel furnished in accordance with a plan, conforming to the requirements of subdivision 3 of section 722 of the County Law, which is in operation in the county wherein the hearing is held; provided, however, that when such county has not placed in operation a plan conforming to that prescribed in subdivision 3 of section 722 of the County Law, counsel shall be assigned from a list of attorneys maintained by the Appellate Division.

(b) Attorneys holding the following public offices shall not be assigned to act as counsel pursuant to section 35 of the Judiciary Law or section 722 of the County Law: the office of district attorney; assistant district attorney; judge or justice of a city, town or village court; or law clerk to a judge or justice; provided, however, that any such attorney may apply to this court for waiver of this subdivision so as to permit the attorney to be assigned as appellate counsel in cases arising outside of the county where the attorney holds public office. In addition, no attorney shall be assigned to act as counsel if the court determines, in its discretion, that such assignment may involve an ethical or legal conflict of interest.

(c) The court may assign counsel other than in the manner prescribed in subdivision (a) of this section only when it is satisfied that special circumstances require such assignment.

(d) Assignments of counsel by the Supreme Court or a Surrogate's Court to represent children in proceedings wherein compensation is authorized pursuant to Judiciary Law, section 35(7) shall be made from a panel of attorneys for children designated under section 835.2(a) of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 822.1