N.Y. Comp. Codes R. & Regs. tit. 22, § 835.3 – Assignment of attorneys for children. | Midpage
§ 835.3
N.Y. Comp. Codes R. & Regs. tit. 22, § 835.3
Assignment of attorneys for children.
Judiciary
(a) Any attorney designated to a panel in a county may also be assigned as an attorney for the child in any other county in the third department, provided the assigning Family Court judge has obtained the prior approval of a Family Court judge of the county in which the attorney has been designated to a panel and of the Appellate Division.
(b) The following factors, among others, should be considered when assignments are made, subject to the discretion of the appointing judge:
(1) the experience and qualifications of the attorney;
(2) the nature and difficulty of the case;
(3) continuity of representation of the minor in successive proceedings; and
(4) that assignments among panel attorneys are made in a fair and impartial manner.
(c) An attorney designated only to the AJD panel is eligible for assignments only in juvenile delinquency proceedings, in which a felony is alleged.
(d) No attorney, including one who serves as a judge or justice of a city, town or village court, or law clerk to a judge or justice, shall be assigned or accept assignment in any court as an attorney for the child when such assignment may involve a legal or ethical conflict of interest. An attorney who serves as district attorney, county attorney, or municipal corporation counsel, or as an assistant in any such office, shall not be assigned or accept assignment in any court as an attorney for the child in the county where the attorney so serves in any type of proceeding in which such office could represent a party. Whenever an attorney accepts employment in any of the above offices, the attorney shall inform the Family Court of any county in which he or she serves on a panel of such employment. The attorney may complete any matter previously assigned, provided the assigning judge approves of the completion of such assignment and provided completion of such assignment involves no legal or ethical conflict of interest.
(e) An attorney who is employed full time with any governmental agency cannot be assigned or accept assignment in any court as an attorney for the child without the express written permission of the employer, Family Court and Appellate Division, Office of Attorneys for Children. An attorney may complete any matter assigned prior to the attorney obtaining such full-time employment, provided the completion of the assignment involves no legal or ethical conflict of interest and with the express written permission of the employer, Family Court and Appellate Division, Office of Attorneys for Children.