2010 New York Code
EXC - Executive
Article 30 - (832 - 833) INDIGENT LEGAL SERVICES
832 - Office of indigent legal services.

§  832.  Office of indigent legal services. 1. There is hereby created
  within the executive department the office of indigent  legal  services,
  hereinafter  referred to in this section as the "office". The purpose of
  such office is to monitor, study and make efforts to improve the quality
  of services provided pursuant to article eighteen-B of the  county  law.
  The office shall report to the indigent legal services board established
  pursuant   to  section  eight  hundred  thirty-three  of  this  article,
  provided, however, that administrative matters  of  general  application
  within the executive department shall also be applicable to such office.
    2.  (a)  Following  the  initial  appointment  of  the  members of the
  indigent legal services board  established  pursuant  to  section  eight
  hundred thirty-three of this article, such board shall promptly nominate
  a  full-time  director  of  the  office  and notify the governor of such
  nomination. After approval  or  disapproval  of  the  first  nominee  as
  director  of  the office, or at any time thereafter when a vacancy shall
  exist or is anticipated in the position of director of the  office,  the
  indigent  legal  services  board  shall  promptly  nominate  a full-time
  director of the office, and notify  the  governor  of  such  nomination.
  Nothing  in  this  paragraph shall prohibit the board from appointing an
  interim director if there is a vacancy.
    (b) The governor, within thirty days after receiving written notice of
  any nomination of a director made pursuant  to  paragraph  (a)  of  this
  subdivision,  may  approve or disapprove the nomination. If the governor
  approves such nomination, or fails to act on such nomination within such
  thirty day period, the nominee shall thereupon commence his or her  term
  as  director  of  the  office.  If,  within  such thirty day period, the
  governor  serves  upon  the  chair  of  such  board  a  written   notice
  disapproving  such  nomination,  the  nominee shall not be authorized to
  serve as director of the office provided, however, that such  board  may
  authorize  an  interim  director  appointed pursuant to paragraph (a) of
  this subdivision to serve or continue to serve as interim director until
  such time as a director  of  the  office  is  approved,  or  not  timely
  disapproved, by the governor. Following any disapproval, the board shall
  have  sixty  days to submit another nominee, although such period may be
  extended, upon request of the board, by the governor. A person appointed
  as interim director may exercise all of  the  powers  available  to  the
  director of such office.
    (c) The director of the office shall serve full-time and for a term of
  five  years. The director may be removed during this term for good cause
  shown, after notice and an  opportunity  to  be  heard,  by  a  vote  of
  two-thirds or more of the nine members of such board. The person serving
  as  director shall, upon assuming such position, be admitted to practice
  law and shall have not less than five years professional  experience  in
  the  area of public defense services, and have a demonstrated commitment
  to the provision of quality public defense  representation  and  to  the
  communities served by public defense providers.
    (d)  The  director  shall  appoint  employees  and  perform such other
  functions as are appropriate to ensure the efficient  operation  of  the
  office within the amounts available therefor by appropriation.
    3. Duties and responsibilities. The office shall, in consultation with
  the  indigent legal services board established pursuant to section eight
  hundred thirty-three of this article,  have  the  following  duties  and
  responsibilities:
    (a)  to examine, evaluate and monitor services provided in each county
  pursuant to article eighteen-B of the county law;
    (b)  to  collect  and  receive  information  and  data  regarding  the
  provision  of  services pursuant to article eighteen-B of the county law
  including, but not limited to:

(i) the types and combinations of such services being utilized in each
  county;
    (ii)   the   salaries   and  other  compensation  paid  to  individual
  administrators, attorneys and staff providing such services;
    (iii) the  actual  caseloads  of  attorneys  providing  such  services
  pursuant to article eighteen-B of the county law;
    (iv)  how  the  caseloads of attorneys providing such services compare
  with the caseloads of attorneys providing  prosecution-related  services
  in each county;
    (v)  the  types, nature and timing of dispositions of cases handled by
  attorneys   providing   such   services    and    attorneys    providing
  prosecution-related services;
    (vi)  the  actual  expenditures currently being made in each county on
  such services and prosecution-related services;
    (vii) the time, funds and in-kind resources currently being  spent  on
  such  services  and  prosecution-related  services  and the amount being
  spent on ancillary services such as investigators, support staff, social
  workers and expert  witnesses,  including  consideration  of  all  funds
  received for such services from all sources;
    (viii)  the criteria and procedures used to determine whether a person
  is eligible to receive such services, the number of  persons  considered
  for  and  applicants  denied such services, the reasons for the denials,
  and the results of any review of such denials, including the  number  of
  orders  issued  pursuant  to  section  seven hundred twenty-two-d of the
  county law; and
    (ix) the standards and criteria used in programs and by each county to
  determine whether individual attorneys are qualified to provide indigent
  legal services, on a case by case basis;
    (c) to analyze and evaluate the  collected  data,  and  undertake  any
  necessary  research  and  studies,  in  order  to consider and recommend
  measures to enhance the provision of  indigent  legal  services  and  to
  ensure   that  recipients  of  services  provided  pursuant  to  article
  eighteen-B of the county law are provided  with  quality  representation
  from  fiscally  responsible  providers,  which  shall include but not be
  limited to: establishing criteria and  procedures  to  guide  courts  in
  determining  whether  a  person  is  eligible  for  such representation;
  establishing standards,  criteria  and  a  process  for  qualifying  and
  re-qualifying  attorneys  to  provide  such services pursuant to article
  eighteen-B of the county law;
    (d) to establish standards and criteria  for  the  provision  of  such
  services  in  cases  involving  a  conflict  of  interest  and to assist
  counties to develop plans consistent with such standards and criteria;
    (e) to  develop  recommendations  to  improve  the  delivery  of  such
  services  in a manner that is consistent with the needs of the counties,
  the efficiency and adequacy of the public defense plan operated  in  the
  counties  and  the  quality of representation offered, which may include
  receiving applications for and distributing grants pursuant to specified
  criteria;
    (f)  to  develop  recommendations  regarding  the   distribution   and
  expenditure  of  any  monies  appropriated  for indigent legal services,
  including but not limited to monies from  the  indigent  legal  services
  fund  created  pursuant  to  section ninety-eight-b of the state finance
  law, for consideration by the indigent legal services board  established
  pursuant  to section eight hundred thirty-three of this article; and, in
  making such recommendations, may consider, in addition  to  measures  of
  performance,  the commitment of local resources to such services and the
  changes thereto; the geographic balance of funding among the regions  of

the  state,  population,  crime  rates,  poverty  rates  and  individual
  community needs;
    (g)  to  target  grants  in  support  of innovative and cost effective
  solutions that enhance the provision of quality indigent legal services,
  including collaborative efforts serving multiple counties;
    (h) to investigate and monitor any other matter  related  to  indigent
  legal services that the director deems important;
    (i)  to  request  and  receive  from  any department, division, board,
  bureau, commission or  other  agency  of  the  state  or  any  political
  subdivision  of  the  state  or  any  public  authority such assistance,
  information and data,  subject  to  limitations  on  the  disclosure  of
  information provided confidentially to indigent legal service providers,
  as  will  enable  the office to properly carry out its functions, powers
  and duties;
    (j) to establish measures of performance which programs  and  counties
  shall regularly report to the office, to assist the office in monitoring
  the quality of indigent legal services;
    (k)  to apply for and accept any grant or gift for any of the purposes
  of the office or the  indigent  legal  services  board.  Any  monies  so
  received  may  be expended by the office to effectuate any such purpose,
  subject to the same limitations as to approval of expenditures and audit
  as are prescribed for state monies appropriated for such purposes;
    (l) to present findings and make recommendations for consideration  by
  the  indigent legal services board established pursuant to section eight
  hundred thirty-three of this article; and
    (m)  to  execute  decisions  of  the  indigent  legal  services  board
  established  pursuant  to  section  eight  hundred  thirty-three of this
  article, including the distribution of funds.