«WESTCHESTER COUNTY BAR ASSOCIATION CRIMINAL ASSIGNED COUNSEL PANELS INFORMATION FOR APPLICANTS Enclosed is the Application for Certification to the ...»

WESTCHESTER COUNTY BAR ASSOCIATION

CRIMINAL ASSIGNED COUNSEL PANELS

INFORMATION FOR APPLICANTS

Enclosed is the Application for Certification to the Assigned Counsel Panel of the Westchester

County Bar Association. Included with the Application Form are:

a) The attorney eligibility requirements;

b) County Law – Article 18B; and

c) Rules of the Appellate Division, Second Department, Parts 671 and 691.16 Certification to the Panel is by the Central Screening Committee of the Westchester County Bar Association. The Bar Association has the responsibility of certifying attorneys as competent to provide representation pursuant to the 18B Plan for representation. The application process, which is regulated by committee by-laws, is summarized below.

1. Complete your application by answering all questions, attaching any supporting documentation and

signing the attorney affirmation. Mail your completed application to:

Chair, Central Screening Committee Westchester County Bar Association One North Broadway Suite 512 White Plains, New York 10601

2. Your application will be reviewed for completeness and for demonstration of satisfaction of the minimum requirements. If it is facially deficient, it will be returned to you with instructions.

Otherwise it will be referred to a committee member for review. The committee member will contact you directly.

3. The committee member will review your application and references (possibly contacting some of them) and arrange an interview with you.

PLEASE NOTE: ***APPLICATION SHOULD BE MADE IN DUPLICATE*** Upon submission of your application, please enclose a check for $50.00 payable to the Westchester County Bar Association.

4. After the interview the committee member will recommend to the full committee what action should be taken. You will receive a notice of the Screening Committee’s determination by mail. If you are approved for one or more of the panels, the Administrator of the Assigned Counsel Panel will be notified by the Committee. You will receive further details from the Administrator concerning rules and regulations for the conduct of the plan (including payment rules). The Administrator, who is approved by the Appellate Division, will notify the appropriate courts of your addition to the Panel. YOU MAY NOT

ACCEPT 18B ASSIGNMENTS UNTIL THIS HAS BEEN DONE.

5. If you are denied certification by the Screening Committee, you will receive notice setting forth the reason(s) for the denial. The notice will contain instructions on how to seek a review by the ful

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PLEASE REMEMBER that panel membership is not a matter of right. It involves payments from public funds discretely set aside for a specific purpose. An attorney’s certification to the panel and his or her conduct and performance is consequently regulated, inter alia, by Article 18B of the County Law and the Westchester County Plan: The Rules of the Appellate Division, Second Department and the Office of Court Administration;

and the Rules and Regulations of the Screening Committee and the Administrator of the Panel. Except for the source of payment, the relationship existing between you and your client is identical to that existing between any other lawyer and client, with the same duties and responsibilities. The government, including the judicial branch, has a constitutional obligation to respect your professional independence in the representation of your client.

ATTORNEY ELIGIBILITY REQUIREMENTS

A. To be eligible for appointment to a panel designated pursuant to Article 18B of the County Law, an attorney shall be admitted to practice in the State of New York; and in the opinion of the Bar Association Screening Committee, which shall consider applicant’s experience in criminal practice, competent to give effective assistance to clients assigned under Article 18B of the County Law.

B. To be eligible for appointment to a felony panel, an attorney shall have been admitted to practice for a minimum of 3 years, unless such requirement is waived pursuant to paragraph “D” below; and shall have had substantial experience in the trial of criminal cases.

C. To be eligible for appointment to a Class A felony, an attorney shall have been admitted to practice for a minimum of 5 years, unless such requirement is waived pursuant to paragraph “D” below; and shall have had substantial experience in the trial of felony cases.

D. The minimum requirements may be waived if, in the opinion of the Bar Association Screening Committee, an applicant is otherwise qualified by reason of education, training or substantial trial experience.

E. The Bar Association Screening Committee shall have the power without application by a panel member to appoint said attorney to any panel.

F. The Bar Association Screening Committee may establish co-counsel or mentoring programs to provide experience to attorneys who wish to serve on the panel but lack the qualifications required by paragraphs “A” “B” or “C”.

G. The Bar Association Screening Committee may establish training and education programs for members of the panel(s). Such programs may be established in conjunction with other Bar Associations, law schools or other professional associations. The Screening Committee may make attendance at training programs a requirement for continued membership on the panels.

H. The Bar Association Screening Committee may set forth such additional eligibility requirements and procedures for each panel, as it sees fit, subject to approval by the Appellate Division.

I. Appointments to the panel shall not exceed three years. Successive designations may be made.

J. Any panel member presently on the felony panel wishing to be approved for the A felony panel must make application to the Committee.

Amendments:

K. To be eligible for appointment to a panel for parole revocation hearings, an attorney shall have been admitted to practice for a minimum of three years and be otherwise eligible for the felony panel or be on the felony panel or have, if not eligible above, substantial parole hearing experience. (Adopted 10/05/92) L. To be eligible for appointment to assist in a felony trial (2nd seat) the attorney appointed to assist must be a member of the Felony Panel. (Adopted 03/21/94) M. To be eligible for appointment to assist in an "A" felony trial (2nd seat) the attorney to assist must be a member of the "A" felony panel. (Adopted 03/21/94)

N. The following amendments to the appellate qualifications are as follows. The applicant must:

1. Be admitted for two years.

2. Have substantial criminal law experience.

3. Submit writing samples such as a brief, law review article, or similar publication.

The committee will consider certifications by appellate attorneys as to the experience or appellate work of the applicant.

O. The quorum required for the Committee to act is 4 members.

P. “Competent to give effective assistance” as contained in “A” of “ATTORNEY ELIGIBILITY REQUIREMENTS" shall require as a minimum that the applicant meets one of the following standards.

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(Adopted 6/27/11) Q. To be eligible for appointment the applicant must live or have their principal office in Westchester County. A copy of the applicant's most recent application for biannual registration or the receipt must be attached to the application. (Does not apply to re-certification. Adopted 3/3/14) R. An additional panel for the representation of sex offender defendants in appeals resulting from MHL Article 10 proceedings is established. Applicants to be eligible must be on the appellate panel or meet the standards for the panel set forth in paragraph “N” above, and must provide proof of attendance or viewing of the training program established by the Mental Hygiene Legal Service and the Appellate Division accessible at www.courts.state.ny.us/courts/ad2/mhls_mainpage.shtml. (Adopted 4/28/14)

Rules of the Appellate Division, Second Department

22 NYCRR §691.16 §691.16 Attorneys Assigned by the Court as Counsel for a Defendant in a Criminal Case (a) No attorney assigned by a court as counsel for a defendant in any criminal case shall in any manner demand, accept, receive or agree to accept or receive any payment, compensation, emolument, gratuity or reward or any promise, property or thing of value or of personal advantage from such defendant or from any other person, except as expressly authorized by statute.

(b) No attorney assigned by a court as counsel for an indigent defendant in any criminal case shall, during the pendency thereof, accept a private retainer to represent the defendant in that or any other case.

(c) Violation of this section shall result in the removal of the attorney’s name from the panel of attorneys eligible to receive assignment pursuant to article 18-B of the County Law and shall constitute a violation of § 1200.3(5) of this Title.

(Amended by Administrative Order – ADM 2004-0623, June 23, 2004) 22 NYCRR § 671

PART 671. ADDITIONAL DUTIES OF COUNSEL AND THE COURT CLERK IN CRIMINAL ACTIONS, IN HABEAS CORPOUS

AND CPLR ARTICLE 78 PROCEEEDINGS, IN PROCEEDINGS INSTITUTED BY MOTION MADE PURSUANT TO CPL 440.10

OR 440.20 AND FAMILY COURT ACT PROCEEDINGS § 671.1 Application (a) This Part of the rules is applicable in criminal actions or proceedings and in proceedings involving postjudgment motions made pursuant to CPL 440.10 or 440.20, and in habeas corpus and CPLR Article 78 proceedings arising out of criminal actions of proceedings or accusatory instruments indictments or information.

(b) Unless the context requires otherwise, any reference herein to the defendant means either the defendant in a criminal action or proceeding or the defendant, the petitioner or the relator in a proceeding instituted on motion made pursuant to CPL 440.10 or 440.20 or in a proceeding under CPLR Article 78 or in a habeas corpus proceeding.

(c) Unless the context requires otherwise, any reference herein to counsel for the defendant means every attorney who represents the defendant (as herein defined), regardless of whether such attorney shall have been retained or whether he shall have been assigned by the court or whether he be the public defender.

(d) Unless the contest requires otherwise, any reference to the People’s counsel means either the district attorney or other prosecutor as defined in CPL 1.20, or, as the case may be, the Attorney General or the county attorney or any other attorney who may appear for the People or for any public official joined as a party in his official capacity.

Cross References CPLR, see McKinney’s Book 7B Criminal Procedure Law, see McKinney’s Book 11A § 671.2 Duration of Representation by Counsel for Defendant In every criminal action or proceeding specified in section 671.1 hereof the duration of the representation by

counsel for the defendant shall be as follows:

(a) in the trial court, until determination of the action or proceeding and until counsel shall have performed the additional duties imposed upon him by these rules; and (b) in the appellate court, until entry of the order determining the appeal and until counsel shall have performed the additional duties imposed upon him by these rules. Thereupon such counsel’s representation shall come to an end.

§ 671.3 Additional Duties of Defendant’s Counsel in the Trial Court (a) Upon conviction in the trial court or upon denial in that court of a motion made pursuant to CPL 440.10 or