N.Y. Comp. Codes R. & Regs. tit. 22, § 1032.4 – Attorneys for children panel.

(1) Eligibility. An attorney is eligible for designation as a member of the attorneys for children panel 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 and in any other jurisdiction in which the attorney is admitted to the practice of law;
2. (ii) has completed the introductory training sponsored by the Attorneys for Children Program; and
3. (iii) has obtained experience in the representation of children by substantial participation, either as counsel of record or as co-counsel, in:
  1. (a) a juvenile delinquency or person in need of supervision proceeding; and
  2. (b) a child abuse, child neglect, or termination of parental rights proceeding; and
  3. (c) a custody or visitation proceeding; and
  4. (d) 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 with any other 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 Attorneys for Children Program.
(2) Application. An attorney may, at any time, apply for membership on a county attorneys for children panel in this department. Such application shall be in the form prescribed by the Appellate Division and shall be submitted to the Attorneys for Children Program. The attorney will be notified whether the attorney has been selected to attend the introductory training set forth in subparagraph (1)(ii) of this subdivision.
(3) Action by the Family Court judge. After the attorney meets the eligibility requirements of paragraph (1) of this subdivision, the application for designation to a county panel shall be submitted for consideration to the supervising judge of Family Court in those counties where the supervising judge sits and in other counties to the most senior Family Court judge.
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, the judge shall defer action on the application, forward a copy of the application to the attorneys for children program, and refer the attorney to a mentor as provided in paragraph (4) of this subdivision.
3. (iii) When the judge determines for good cause that an attorney should not be designated as an attorney for children panel member, the judge shall deny the application and state the reason for the denial in writing. The attorney may request review of such denial by the Appellate Division.
(4) Mentors. When a judge 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 to assist the attorney in meeting the eligibility requirements of paragraph (1) 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 this subdivision, to which the mentor has been assigned as attorney for the child, provided, however, that the mentor shall be attorney of record in the proceeding and shall be responsible for all aspects of the representation. When the attorney has met the eligibility requirements, the attorney shall inform the judge, who shall then take action as provided in paragraph (3) of this subdivision.
(5) Action by the Appellate Division. Upon receipt of the application for designation to a county panel and the recommendation of the supervising or most senior Family Court judge that an attorney be placed on the attorneys for children panel, the Appellate Division shall:
1. (i) designate the attorney to a county panel; or
2. (ii) request further information from the applicant, which may include an interview; or
3. (iii) decline to designate the attorney to a county panel. If not designated to a county panel, the attorney shall be informed of the basis of the decision and may request reconsideration.
(6) Waiver of eligibility requirements. The Appellate Division may waive the eligibility requirements set forth in subparagraph (1)(ii) of this subdivision when an attorney requests such waiver in writing; and
1. (i) 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 an attorneys for children panel based upon a waiver granted pursuant to this paragraph must complete the introductory training sponsored by the Attorneys for Children Program at the next scheduled introductory training date.
  (b) Designation to the advanced juvenile delinquency (AJD) attorneys for children panel.
(1) Eligibility. An attorney is eligible for designation to the AJD attorneys for children panel of this department when the attorney:
1. (i) is a member in good standing of the Bar of the State of New York and in any other jurisdiction in which the attorney is admitted to the practice of law;
2. (ii) has completed the required initial attorneys for children AJD training, sponsored by the Attorneys for Children Program; and
3. (iii) has obtained sufficient relevant experience in the practice of Criminal Law to demonstrate the ability to represent children effectively in felony cases.
(2) Application. An attorney may, at any time, apply for membership on the AJD attorneys for children panel in this department. Such application shall be in the form prescribed by the Appellate Division and shall be submitted to the Attorneys for Children Program. The attorney will be notified whether the attorney has been selected to complete the introductory training set forth in subparagraph (1)(ii) of this subdivision.
(3) Action by the Appellate Division. Upon receipt of the application for designation to the AJD panel, the Appellate Division shall:
1. (i) designate the attorney to the AJD panel; or
2. (ii) request further information from the applicant, which may include an interview; or
3. (iii) decline to designate the attorney to the AJD panel. If not designated to the AJD panel, the attorney shall be informed of the basis of the decision and may request reconsideration.
  (c) Redesignation of attorneys for children panels.
(1) The Appellate Division shall, on or before April 1st of each year, designate an annual attorneys for children panel for each county in the department from lists of attorneys who have been found competent by the Family Court judge(s) in those counties upon consideration of the following factors:
1. (i) legal knowledge;
2. (ii) rapport with clients;
3. (iii) vigorous advocacy;
4. (iv) case preparation;
5. (v) courtroom demeanor; and
6. (vi) any information contained in the annual panel redesignation application.
(2) To be eligible for redesignation to a panel an attorney for children shall submit a panel redesignation application to the Office of Attorneys for Children on or before January 2nd of each year. Such application shall be in the form prescribed by the Appellate Division. Provided the attorney has been found qualified for redesignation 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 1032.5 of this Part, the application will be granted and the panel member redesignated to the panel.
(3) When adequate numbers of attorneys are available in a county, the Family Court judge or judges of the county may decline to designate additional attorneys to the panel.
(4) 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)-(vi) 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.

(a) Initial designation to attorneys for children panel.