2014 New York Laws
CNT - County
Article 18-B - (722 - 722-F) REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE FAMILY COURT OR SURROGATE'S COURT
722 - Plan for representation.

  722. Plan for representation. The governing body of each county and
  the governing body of the city in which a  county  is  wholly  contained
  shall  place  in  operation  throughout  the county a plan for providing
  counsel to persons charged with a crime or who are entitled  to  counsel
  pursuant  to  section  two  hundred  sixty-two or section eleven hundred
  twenty of the family court act, article six-C  of  the  correction  law,
  section  four  hundred  seven  of the surrogate's court procedure act or
  article ten of the mental hygiene law, who  are  financially  unable  to
  obtain  counsel.  Each plan shall also provide for investigative, expert
  and other services necessary for an adequate  defense.  The  plan  shall
  conform to one of the following:
1.  Representation  by  a public defender appointed pursuant to county
  law article eighteen-A.
2. In criminal proceedings, representation by counsel furnished  by  a
  private  legal  aid  bureau or society designated by the county or city,
  organized and operating to give legal assistance and  representation  to
  persons  charged  with  a  crime  within  the  city  or  county  who are
  financially unable to obtain counsel. In proceedings  under  the  family
  court  act,  representation by a private legal aid bureau or society, or
  by any corporation, voluntary association, or organization permitted  to
  practice  law  under  the  authority of subdivision five of section four
  hundred ninety-five of the judiciary law.
3. (a) Representation by counsel furnished pursuant to either or  both
  of the following: a plan of a bar association in each county or the city
  in  which  a  county  is  wholly  contained whereby: (i) the services of
  private counsel are rotated and coordinated  by  an  administrator,  and
  such  administrator  may  be  compensated for such service; or (ii) such
  representation is provided by an office of conflict defender.
(b) Any plan of a bar association must receive  the  approval  of  the
  state  administrator  before  the  plan  is  placed in operation. In the
  county  of  Hamilton,  representation  pursuant  to  a  plan  of  a  bar
  association in accordance with subparagraph (i) of paragraph (a) of this
  subdivision  may  be  by  counsel  furnished  by  the  Fulton county bar
  association pursuant to a plan of the  Fulton  county  bar  association,
  following approval of the state administrator. When considering approval
  of  an  office  of conflict defender pursuant to this section, the state
  administrator shall employ the guidelines established by the  office  of
  indigent  legal  services pursuant to paragraph (d) of subdivision three
  of section eight hundred thirty-two of the executive law.
(c) Any county operating an office of conflict defender, as  described
  in  subparagraph  (ii) of paragraph (a) of this subdivision, as of March
  thirty-first, two thousand ten may  continue  to  utilize  the  services
  provided  by  such office provided that the county submits a plan to the
  state  administrator  within  one  hundred   eighty   days   after   the
  promulgation of criteria for the provision of conflict defender services
  by  the office of indigent legal services. The authority to operate such
  an office pursuant  to  this  paragraph  shall  expire  when  the  state
  administrator  approves  or  disapproves  such  plan. Upon approval, the
  county  is  authorized  to  operate  such  office  in  accordance   with
  paragraphs (a) and (b) of this subdivision.
4.  Representation according to a plan containing a combination of any
  of the foregoing. Any judge, justice or magistrate in assigning  counsel
  pursuant  to  sections 170.10, 180.10, 210.15 and 720.30 of the criminal
  procedure law, or in assigning counsel to a defendant when a hearing has
  been ordered in a proceeding upon a motion,  pursuant  to  article  four
  hundred  forty of the criminal procedure law, to vacate a judgment or to
  set aside a sentence or on a motion for a writ of error coram nobis,  or
  in  assigning  counsel pursuant to the provisions of section two hundred

  sixty-two of the family court act or section four hundred seven  of  the
  surrogate's  court procedure act, or in assigning counsel to a defendant
  when a case  has  been  calendared  for  consideration  of  resentencing
  pursuant  to  subdivision  four  of  section  six  hundred  one-d of the
  correction law or when a court is  otherwise  called  upon  to  consider
  whether a proper term of post-release supervision was imposed as part of
  a  determinate  sentence,  shall  assign counsel furnished in accordance
  with a plan conforming to the requirements of  this  section;  provided,
  however,  that  when  the county or the city in which a county is wholly
  contained has  not  placed  in  operation  a  plan  conforming  to  that
  prescribed  in this subdivision or subdivision three of this section and
  the judge, justice  or  magistrate  is  satisfied  that  a  conflict  of
  interest  prevents  the  assignment  of  counsel pursuant to the plan in
  operation, or when the county or the city in which a  county  is  wholly
  contained  has  not  placed  in  operation  any  plan conforming to that
  prescribed in this section, the judge, justice or magistrate may  assign
  any  attorney  in  such county or city and, in such event, such attorney
  shall receive compensation and reimbursement from such  county  or  city
  which  shall  be  at  the  same  rate  as is prescribed in section seven
  hundred twenty-two-b of this article. When a case  has  been  calendared
  for  consideration  of  resentencing  pursuant  to  subdivision  four of
  section six hundred one-d of the correction  law  or  when  a  court  is
  otherwise  called upon to consider whether a proper term of post-release
  supervision was imposed as part of a determinate sentence, the  attorney
  appointed  should  be  the  attorney  who  appeared for the defendant in
  connection with the  judgment  or  sentence  or,  if  the  defendant  is
  currently  represented  concerning  his or her conviction or sentence or
  with respect to an appeal from his or her conviction or  sentence,  such
  present counsel.
5. In classification proceedings under article six-C of the correction
  law  or  from  an appeal thereof, representation shall be according to a
  plan described in subdivisions one, two, three or four of this  section.
  If  such  plan  includes representation by a private legal aid bureau or
  society, such private legal  aid  bureau  or  society  shall  have  been
  designated  to  give  legal  assistance  and  representation  to persons
  charged with a crime.
Upon an appeal in a criminal action, and on any  appeal  described  in
  section  eleven hundred twenty of the family court act, article six-C of
  the correction law or section four  hundred  seven  of  the  surrogate's
  court  procedure  act, wherein the party is financially unable to obtain
  counsel,  the  appellate  court  shall  assign  counsel   furnished   in
  accordance  with  the  plan,  conforming  to  the  requirements  of this
  section, which is in operation in the county or in the city in  which  a
  county   is   wholly  contained  wherein  the  judgment  of  conviction,
  disposition, or order of the trial court was entered; provided, however,
  that when such county or  city  has  not  placed  in  operation  a  plan
  conforming  to  that  prescribed  in  subdivision  three or four of this
  section and such  appellate  court  is  satisfied  that  a  conflict  of
  interest  prevents  the  assignment  of  counsel pursuant to the plan in
  operation, or when such county or city has not placed in  operation  any
  plan conforming to that prescribed in this section, such appellate court
  may  assign any attorney in such county or city and, in such event, such
  attorney shall receive compensation and reimbursement from  such  county
  or  city  which  shall  be  at the same rate as is prescribed in section
  seven hundred twenty-two-b of this chapter.