Assembly Bill A7805

Signed By Governor
2009-2010 Legislative Session

Relates to the representation of children; replaces the term "law guardian" with the term "attorney for the child" to more accurately reflect the attorney's role

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-A7805 - Details

Laws Affected:
Amd §1101, CPLR; amd §§75-f, 76-f, 112-b, 113, 115-b, 240 & 254, Dom Rel L; amd §§503 & 508, Exec L; amd §§35 & 35-a, Judy L; amd Fam Ct Act, generally; amd §§2306 & 2782, Pub Health L; amd §§358-a, 372, 383-c, 384, 384-a, 384-b, 409-e, 409-f & 422, Soc Serv L

2009-A7805 - Summary

Relates to the representation of children; replaces the term "law guardian" with the term "attorney for the child" to more accurately reflect the attorney's role.

2009-A7805 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7805

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, SCARBOROUGH -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, the domestic relations
  law,  the  executive law, the judiciary law, the family court act, the
  public health law and the social services  law,  in  relation  to  the
  representation of children

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (e) of section 1101 of the civil  practice  law
and  rules,  as amended by section 64 of part A of chapter 3 of the laws
of 2005, is amended to read as follows:
  (e) When motion not required. Where a party is represented in a  civil
action  by  a  legal  aid society or a legal services or other nonprofit
organization, which has as its primary purpose the furnishing  of  legal
services to indigent persons, or by private counsel working on behalf of
or  under  the  auspices  of  such society or organization, all fees and
costs relating to the filing and service shall  be  waived  without  the
necessity  of  a motion and the case shall be given an index number, or,
in a court other than the supreme or county court, an appropriate filing
number, provided that a determination has been  made  by  such  society,
organization  or  attorney  that  such party is unable to pay the costs,
fees and expenses necessary to prosecute or defend the action, and  that
an  attorney's  certification  that  such determination has been made is
filed with the clerk of the court along with the summons  and  complaint
or summons with notice or third-party summons and complaint or otherwise
provided  to the clerk of the court. Where an attorney certifies, pursu-
ant to section eleven hundred eighteen of the family court act,  and  in
accordance with procedures of the appropriate appellate division, that a
party  or  child who is the subject of an appeal has been represented in
the family court by assigned counsel [or a law guardian] or by  a  legal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10381-01-9
              

2009-A7805A - Details

Laws Affected:
Amd §1101, CPLR; amd §§75-f, 76-f, 112-b, 113, 115-b, 240 & 254, Dom Rel L; amd §§503 & 508, Exec L; amd §§35 & 35-a, Judy L; amd Fam Ct Act, generally; amd §§2306 & 2782, Pub Health L; amd §§358-a, 372, 383-c, 384, 384-a, 384-b, 409-e, 409-f & 422, Soc Serv L

2009-A7805A - Summary

Relates to the representation of children; replaces the term "law guardian" with the term "attorney for the child" to more accurately reflect the attorney's role.

2009-A7805A - Sponsor Memo

2009-A7805A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7805--A
                                                        Cal. No. 634

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, SCARBOROUGH -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee  on  Judiciary  --  reported from said committee with amend-
  ments, ordered reprinted as amended and placed on the order of  second
  reading

AN ACT to amend the civil practice law and rules, the domestic relations
  law,  the  executive law, the judiciary law, the family court act, the
  public health law and the social services  law,  in  relation  to  the
  representation of children

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (e) of section 1101 of the civil  practice  law
and  rules,  as amended by section 64 of part A of chapter 3 of the laws
of 2005, is amended to read as follows:
  (e) When motion not required. Where a party is represented in a  civil
action  by  a  legal  aid society or a legal services or other nonprofit
organization, which has as its primary purpose the furnishing  of  legal
services to indigent persons, or by private counsel working on behalf of
or  under  the  auspices  of  such society or organization, all fees and
costs relating to the filing and service shall  be  waived  without  the
necessity  of  a motion and the case shall be given an index number, or,
in a court other than the supreme or county court, an appropriate filing
number, provided that a determination has been  made  by  such  society,
organization  or  attorney  that  such party is unable to pay the costs,
fees and expenses necessary to prosecute or defend the action, and  that
an  attorney's  certification  that  such determination has been made is
filed with the clerk of the court along with the summons  and  complaint
or summons with notice or third-party summons and complaint or otherwise
provided  to the clerk of the court. Where an attorney certifies, pursu-
ant to section eleven hundred eighteen of the family court act,  and  in
accordance with procedures of the appropriate appellate division, that a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2009-A7805B (ACTIVE) - Details

Laws Affected:
Amd §1101, CPLR; amd §§75-f, 76-f, 112-b, 113, 115-b, 240 & 254, Dom Rel L; amd §§503 & 508, Exec L; amd §§35 & 35-a, Judy L; amd Fam Ct Act, generally; amd §§2306 & 2782, Pub Health L; amd §§358-a, 372, 383-c, 384, 384-a, 384-b, 409-e, 409-f & 422, Soc Serv L

2009-A7805B (ACTIVE) - Summary

Relates to the representation of children; replaces the term "law guardian" with the term "attorney for the child" to more accurately reflect the attorney's role.

2009-A7805B (ACTIVE) - Sponsor Memo

2009-A7805B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7805--B
                                                        Cal. No. 525

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN, SCARBOROUGH -- (at request of the
  Office of Court Administration) --  read  once  and  referred  to  the
  Committee  on  Judiciary  --  reported from said committee with amend-
  ments, ordered reprinted as amended and placed on the order of  second
  reading  --  reported  from  committee,  advanced  to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN ACT to amend the civil practice law and rules, the domestic relations
  law,  the  executive law, the judiciary law, the family court act, the
  public health law and the social services  law,  in  relation  to  the
  representation of children

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (e) of section 1101 of the civil  practice  law
and  rules,  as amended by section 64 of part A of chapter 3 of the laws
of 2005, is amended to read as follows:
  (e) When motion not required. Where a party is represented in a  civil
action  by  a  legal  aid society or a legal services or other nonprofit
organization, which has as its primary purpose the furnishing  of  legal
services to indigent persons, or by private counsel working on behalf of
or  under  the  auspices  of  such society or organization, all fees and
costs relating to the filing and service shall  be  waived  without  the
necessity  of  a motion and the case shall be given an index number, or,
in a court other than the supreme or county court, an appropriate filing
number, provided that a determination has been  made  by  such  society,
organization  or  attorney  that  such party is unable to pay the costs,
fees and expenses necessary to prosecute or defend the action, and  that
an  attorney's  certification  that  such determination has been made is
filed with the clerk of the court along with the summons  and  complaint
or summons with notice or third-party summons and complaint or otherwise
provided  to the clerk of the court. Where an attorney certifies, pursu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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