1. (1) Eligibility. Except for the limitations set forth in subdivision (b) of this section, an attorney is eligible for designation as a member of the panel of attorneys for children of a county of this department, including all assignments, when the attorney:

   1. (i) is a member in good standing of the Bar of the State of New York;
   2. (ii) has completed the required introductory training for attorneys for children conducted by the Appellate Division within one year of submission of the application;

   3. (iii) has attained experience in the representation of children by:

      1. (a) substantial participation, either as counsel of record or as co-counsel with a mentor as provided in paragraph (5) of this subdivision, in:

         1. (1) a juvenile delinquency or person in need of supervision proceeding;
         2. (2) a child abuse, child neglect, or termination of parental rights proceeding; and
         3. (3) a custody or visitation proceeding; and
      2. (b) participation as counsel or co-counsel in, or observation of, two hearings in Family Court at which testimony is taken; and
   4. (iv) has no other full-time employment by any governmental agency. An attorney who is employed full-time by any governmental agency is not eligible for panel membership in any county without the express written permission of the employer, Family Court and Appellate Division, Office of Attorneys for Children.
2. (2) Application. An attorney may, at any time, apply for membership on a panel designated for a county in this department. Such an application shall be in the form prescribed by the Appellate Division, and shall be submitted to a Family Court judge of the county.

3. (3) Action by the Family Court judge. The Family Court judge shall review the application, and take one of the following actions:

   1. (i) When the judge determines that the attorney has met the eligibility requirements of paragraph (1) of this subdivision, and is otherwise qualified to provide appropriate representation for children, the judge shall approve the application and forward it to the Appellate Division with the recommendation that the attorney be added to the county panel.
   2. (ii) Except as provided in subparagraph (iii) of this paragraph, when the judge determines that the attorney has not met the eligibility requirements of paragraph (1) of this subdivision, the judge shall defer action on the application, forward a copy of the application to the Appellate Division, and refer the attorney to a mentor as provided in paragraph (5) of this subdivision.
   3. (iii) When the judge determines for good cause that an attorney should not be designated as a panel member, the judge shall deny the application in writing, stating the basis for the denial, regardless of whether or not the attorney has met the eligibility requirements of paragraph (1) of this subdivision. The attorney may request review of such denial by the Appellate Division.

4. (4) Waiver of eligibility requirements. The Appellate Division may waive the eligibility requirements set forth in subparagraphs (1)(ii) and (iii) of this subdivision when:

   1. (i) an attorney requests such waiver in writing, endorsed by a judge of Family Court; and
   2. (ii) the attorney has sufficient relevant experience in the practice of law to demonstrate clearly the ability to represent children effectively; provided, however, that an attorney added to a panel based on a waiver granted pursuant to this paragraph must complete the required introductory training conducted by the Appellate Division within one year of designation.

5. (5) Mentors. When a judge of Family Court has deferred action on the application of an attorney for membership on a panel of attorneys for children pursuant to subparagraph (3)(ii) of this subdivision, the judge shall designate an experienced panel member as a mentor to assist the attorney in meeting the eligibility requirements of subparagraph (1)(iii) of this subdivision, and to familiarize the attorney with the representation of children and the operation of the attorneys for children program. With the agreement of the mentor, the attorney may act as co-counsel in a proceeding specified in clause (1)(iii)(a) of this subdivision, to which the mentor has been assigned as attorney for the child, provided, however, that the mentor shall be the attorney of record in the proceeding and shall be responsible for all aspects of the representation. When the attorney has met the eligibility requirements, he or she shall so inform the Family Court judge, who shall then take action as provided in paragraph (3) of this subdivision.

   (b) Designation to the Advanced Juvenile Delinquency (AJD) panel for juvenile delinquency proceedings in which a felony is alleged.

6. (1) Definition. The AJD panel is comprised of experienced criminal defense attorneys who are trained as attorneys for children but eligible only for assignments in juvenile delinquency proceedings in which a felony is alleged, through conclusion of the matter.
7. (2) Assignments. Assignments to an attorney who is designated only to the AJD panel are limited to juvenile delinquency proceedings in which a felony is alleged.

8. (3) Eligibility. An attorney is eligible for designation to the AJD panel of attorneys for children of a county of this department when the attorney:

   1. (i) is a member in good standing of the Bar of the State of New York;
   2. (ii) has completed the required AJD training conducted by the Appellate Division; and
   3. (iii) has attained sufficient relevant experience in the practice of criminal law to demonstrate the ability to represent children effectively in felony cases; and has no other full-time employment by any governmental agency. An attorney who is employed full-time by any governmental agency is not eligible for panel membership in any county without the express written permission of the employer, Family Court and the Appellate Division, Office of Attorneys for Children.
9. (4) Application. An attorney may, at any time, apply for membership on the AJD panel in a county in this department only to provide representation in juvenile delinquency proceedings in which a felony is alleged. Such application shall be in the form prescribed by the Appellate Division, and shall be submitted to a Family Court judge of the county.

10. (5) Action by the Family Court judge. The Family Court judge shall review the application, and take one of the following actions:

    1. (i) When the judge determines that the attorney has met the eligibility requirements of paragraph (3) of this subdivision, and is otherwise qualified to provided appropriate representation of children, the judge shall approve the application and forward it to the Appellate Division with the recommendation that the attorney be added to the county AJD panel.

    2. (ii) When the judge determines for good cause that an attorney should not be designated as an AJD panel member, the judge shall deny the application in writing, stating the basis for the denial. The attorney may request review of such denial by the Appellate Division.

       (c) Redesignation of panels.

11. (1) The Appellate Division shall, on or before January first of each year, designate a panel of attorneys for children for each county in the department from lists of attorneys approved with respect to their competency by the Family Court judges of such counties upon consideration of the following factors:

    1. (i) rapport with clients;
    2. (ii) case preparation;
    3. (iii) legal knowledge;
    4. (iv) vigor of advocacy;
    5. (v) punctuality; and
    6. (vi) any information contained in the annual panel re-designation application.
12. (2) In order to be eligible for panel re-designation, a current panel member must submit a panel re-designation application to the Office of Attorneys for Children on or before October 1st of each year. Such application shall be in a form prescribed by the Appellate Division. Provided the attorney has been found qualified for re-designation upon consideration of the factors of competency in subparagraphs (1)(i)-(vi) of this subdivision, and has complied with the appropriate training and education requirement set forth in section 835.4(b) of this Part, the application shall be granted and the panel member redesignated to the panel.
13. (3) When a Family Court judge determines that a current panel member should not be redesignated to the county panel, the judge shall submit to the Appellate Division a written recommendation to that effect, setting forth the basis of the recommendation with specific reference to the factors of competency in subparagraphs (1)(i)-(v) of this subdivision. The Appellate Division shall provide written notice of the recommendation and a copy of the written recommendation to the panel member, who may submit to the Appellate Division a written response and such additional documentation as the panel member believes may assist the Appellate Division in considering the judge's recommendation.

14. (d) Limitations on panel membership. When adequate numbers of attorneys are available in a county:

    1. (1) only the names of attorneys who reside or maintain an office in the county should appear on the panel list for that county; and
    2. (2) the Family Court judge or judges of the county may decline to designate additional attorneys to the panel.
15. (e) Removal from panel. An attorney may, at any time, apply to a Family Court judge of the county in which he or she serves on a panel to have his or her name removed from the panel list. Upon receipt of such request, the Family Court judge may make a written recommendation to the Appellate Division that the attorney's name be removed; upon receipt of such recommendation, the Appellate Division shall remove the attorney's name from the panel list, if appropriate. If the Family Court judge denies such request, such denial shall be in writing and state the reasons for the denial. The attorney may request review of such denial by the Appellate Division. Notwithstanding the provisions of subdivision (b) of this section, a Family Court judge may, at any time, recommend to the Appellate Division the removal of an attorney's name from a panel for good cause, including, but not limited to, misconduct or lack of diligence in performing assignments. The Appellate Division may, on its own motion at any time, remove an attorney's name from a panel.

(a) Initial designation to a panel.