4. THE LACK OF CIVIL LEGAL SERVICES TO RESOLVE A FAMILY'S LEGAL PROB-
LEMS OFTEN DISRUPTS THE CHILDREN AND YOUNG ADULTS' EDUCATION, FREQUENTLY
WITH A PERMANENT IMPACT.
5. THE LACK OF CIVIL LEGAL SERVICES CAN WORSEN CHRONIC HEALTH PROBLEMS
OFTEN INCREASING THE COST OF MEDICAL CARE.
6. THE LACK OF CIVIL LEGAL SERVICES CAN RESULT IN HOMELESSNESS NOT
ONLY AFFECTING THE INDIVIDUAL FAMILIES BUT ALSO DESTABILIZING ENTIRE
NEIGHBORHOODS.
7. IN LIGHT OF THESE TRYING ECONOMIC TIMES, THE NEED FOR CIVIL LEGAL
SERVICES HAS INCREASED BEYOND INDIVIDUALS BELOW THE FEDERAL POVERTY
GUIDELINES TO HOMEOWNERS AND OTHER MIDDLE INCOME NEW YORKERS THAT
PROVIDE THE FOUNDATION FOR NEW YORK'S ECONOMY.
8. THE SUBSTANTIAL NUMBER OF UNREPRESENTED LITIGANTS IN CIVIL LEGAL
MATTERS ADVERSELY IMPACTS THE QUALITY OF JUSTICE FOR ALL PARTIES IN THE
COURTS OF NEW YORK STATE, INCREASES THE AMOUNT OF LITIGATION, AND UNDER-
MINES THE RULE OF LAW.
9. IT HAS BEEN FOUND THAT WHEN A SOCIETY IS UNABLE TO MEET THEIR BASIC
HUMAN NEEDS IT IS IN AN ONGOING STATE OF EMERGENCY.
10. THE UNMET NEED FOR CIVIL LEGAL ASSISTANCE IN THE STATE IS
PROFOUNDLY IMPACTING VULNERABLE NEW YORKERS AND COSTING TAXPAYERS
MILLIONS OF DOLLARS BY INCREASING HOMELESSNESS, FAILING TO PREVENT
DOMESTIC VIOLENCE, AND INCREASING POVERTY.
11. IN ORDER TO ADDRESS THIS EMERGENCY, THIS LEGISLATURE FINDS THAT A
RIGHT TO COUNSEL IN CERTAIN CIVIL MATTERS IS IMPERATIVE.
S 723-A. CIVIL RIGHT TO COUNSEL COMMISSION. 1. THERE IS HEREBY ESTAB-
LISHED THE CIVIL RIGHT TO COUNSEL COMMISSION. THE COMMISSION SHALL BE
COMPOSED OF ELEVEN MEMBERS.
2. A. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED AS FOLLOWS:
(I) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR AND SHALL BE AN
ATTORNEY WITH EXPERTISE IN CIVIL LEGAL SERVICES;
(II) ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
(III) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY;
(V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
(VI) TWO MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF
APPEALS;
(VII) ONE MEMBER SHALL BE APPOINTED BY THE ASSOCIATION OF COUNTIES;
(VIII) ONE MEMBER SHALL BE APPOINTED BY THE MAYOR OF THE CITY OF NEW
YORK AND SHALL BE AN ATTORNEY WHO HAS PROVIDED CIVIL LEGAL SERVICES FOR
AT LEAST FIVE YEARS;
(IX) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR, FROM A LIST OF NO
MORE THAN TWO NOMINEES SUBMITTED BY THE CHIEF ADMINISTRATOR OF THE
COURTS, EACH OF WHOM SHALL BE A JUDGE OR JUSTICE, OR RETIRED JUDGE OR
JUSTICE, WHO WAS ELECTED TO THE SUPREME, COUNTY OR FAMILY COURT, OR
APPOINTED TO THE CRIMINAL COURT OR FAMILY COURT IN THE CITY OF NEW YORK,
AND HAS SUBSTANTIAL EXPERIENCE PRESIDING AS SUCH A JUDGE OR JUSTICE IN
TRIAL MATTERS BEFORE SUCH COURT; AND
(X) ONE MEMBER SHALL BE APPOINTED BY THE NEW YORK STATE BAR ASSOCI-
ATION.
B. ALL MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE STATE OF
NEW YORK.
C. THE MEMBERS OF THE COMMISSION SHALL SERVE TERMS OF FOUR YEARS. ALL
MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED. VACANCIES ON
S. 1918 3
THE COMMISSION SHALL BE FILLED FOR THE REMAINDER OF THE TERM IN THE
MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
D. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
E. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO OFFICER OR
EMPLOYEE OF THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
HAVE FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT BY
REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE COMMISSION.
F. THE COMMISSION SHALL MEET AT LEAST ONCE PER YEAR.
G. A MAJORITY OF THE MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
QUORUM.
H. THE CHIEF JUDGE OF THE COURT OF APPEALS, OR HIS OR HER DESIGNEE,
SHALL SERVE AS A NON-VOTING EX-OFFICIO MEMBER OF THE COMMISSION.
I. APPOINTMENT TO THE COMMISSION SHALL BE FILED BY THE CHIEF JUDGE OF
THE COURT OF APPEALS, WHO SHALL CONVENE THE FIRST MEETING OF THE COMMIS-
SION FOLLOWING THE FILING OF THE MAJORITY OF APPOINTMENTS. AT THE
INITIAL MEETING THE MEMBERS SHALL ELECT OFFICERS.
3. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, TEMPORARY PRESIDENT OF
THE SENATE, SPEAKER OF THE ASSEMBLY AND THE CHIEF JUDGE OF THE COURT OF
APPEALS AN ANNUAL REPORT ON OR BEFORE THE ANNIVERSARY DATE OF THE
COMMISSION'S FIRST MEETING. SUCH REPORT SHALL CONTAIN ALL PERTINENT DATA
FOR THE PRIOR TWELVE MONTHS ON THE OPERATION OF THE COMMISSION INCLUDING
THE NUMBER OF ASSIGNED COUNSEL IN EACH COUNTY, THE NUMBER OF CASES
ASSIGNED, THE NUMBER OF CASES RESOLVED, RECOMMENDATIONS FOR ADDITIONAL
ATTORNEYS, IF NECESSARY, THE COST OF OPERATION AND FINANCIAL ASSISTANCE
TO LOCALITIES. SUCH REPORT SHALL ALSO INCLUDE THE PROPOSED BUDGET FOR
THE SUCCEEDING TWELVE MONTHS INCLUDING FUNDS FOR FINANCIAL ASSISTANCE TO
LOCALITIES.
S 723-B. LEAD AGENCY FOR CIVIL RIGHT TO COUNSEL. 1. REPRESENTATION
FOR PERSONS IN CIVIL MATTERS SHALL BE A PARTNERSHIP BETWEEN THE COURTS
AND ALL QUALIFIED LEGAL SERVICES PROVIDERS, BAR ASSOCIATIONS AND PRIVATE
ORGANIZATIONS.
2. THE LEGAL SERVICES PROVIDERS SHALL SERVE AS THE LEAD AGENCY FOR
CASE ASSESSMENT AND DIRECTION UNDER THIS ARTICLE AND FURTHERMORE SHALL:
A. BE THE CENTRAL POINT OF CONTACT FOR RECEIPT OF REFERRALS FOR LEGAL
REPRESENTATION;
B. MAKE DETERMINATIONS OF ELIGIBILITY BASED ON UNIFORM CRITERIA;
C. BE RESPONSIBLE FOR PROVIDING REPRESENTATION TO THE CLIENTS OR
REFERRING THE MATTER TO ONE OF THE ORGANIZATIONS OR INDIVIDUAL PROVIDERS
WITH WHOM THE LEAD LEGAL SERVICES AGENCY CONTRACTS TO PROVIDE THE
SERVICE; AND
D. TO THE EXTENT PRACTICAL, IDENTIFY AND MAKE USE OF PRO BONO SERVICES
IN ORDER TO MAXIMIZE AVAILABLE SERVICES EFFICIENTLY AND ECONOMICALLY.
3. RECOGNIZING THAT NOT ALL INDIGENT PARTIES CAN BE AFFORDED REPRESEN-
TATION, EVEN WHEN THEY HAVE MERITORIOUS CASES, THE COURT PARTNER SHALL,
AS A COROLLARY TO THE SERVICES PROVIDED BY THE LEAD LEGAL SERVICES AGEN-
CY, BE RESPONSIBLE FOR PROVIDING PROCEDURES, PERSONNEL, TRAINING, AND
CASE MANAGEMENT AND ADMINISTRATION PRACTICES THAT REFLECT BEST PRACTICES
TO ENSURE UNREPRESENTED PARTIES MEANINGFUL ACCESS TO JUSTICE AND TO
GUARD AGAINST THE INVOLUNTARY WAIVER OF RIGHTS, AS WELL AS TO ENCOURAGE
FAIR AND EXPEDITIOUS VOLUNTARY DISPUTE RESOLUTION, CONSISTENT WITH PRIN-
CIPLES OF JUDICIAL NEUTRALITY.
4. THE PARTICIPATING LEGAL SERVICES AGENCY SHALL BE SELECTED BY THE
JUDICIAL COUNCIL.
S. 1918 4
A. THE JUDICIAL COUNCIL SHALL BE MADE UP OF ONE ADMINISTRATIVE JUDGE
FROM EACH JUDICIAL DISTRICT. THERE SHALL BE AT LEAST ONE LEGAL SERVICES
AGENCY CHOSEN FOR EACH JUDICIAL DISTRICT.
B. THE JUDICIAL COUNCIL SHALL ASSESS THE APPLICANTS' CAPACITY FOR
SUCCESS, INNOVATION, AND EFFICIENCY, INCLUDING, BUT NOT LIMITED TO, THE
LIKELIHOOD THAT THE AGENCY WOULD DELIVER QUALITY REPRESENTATION IN AN
EFFECTIVE MANNER THAT WOULD MEET CRITICAL NEEDS IN THE COMMUNITY AND
ADDRESS THE NEEDS OF THE COURT WITH REGARD TO ACCESS TO JUSTICE AND
CALENDAR MANAGEMENT, AND THE UNIQUE LOCAL UNMET NEEDS FOR REPRESENTATION
IN THE COMMUNITY.
C. AGENCIES APPROVED PURSUANT TO THIS SECTION SHALL INITIALLY BE
AUTHORIZED FOR A THREE-YEAR PERIOD, COMMENCING ON THE EFFECTIVE DATE OF
THIS SECTION AND SUBJECT TO RENEWAL FOR A PERIOD TO BE DETERMINED BY THE
JUDICIAL COUNCIL, IN CONSULTATION WITH THE PARTICIPATING AGENCY IN LIGHT
OF THE AGENCY'S CAPACITY AND SUCCESS. AFTER THE INITIAL THREE-YEAR PERI-
OD, THE JUDICIAL COUNCIL SHALL DISTRIBUTE ANY FUTURE FUNDS AVAILABLE AS
THE RESULT OF THE TERMINATION OR NONRENEWAL OF AN AGENCY PURSUANT TO THE
PROCESS SET FORTH IN THIS SUBDIVISION.
D. AGENCIES SHALL BE SELECTED ON THE BASIS OF WHETHER, IN THE CASES
PROPOSED FOR SERVICE, THE PERSONS TO BE ASSISTED ARE LIKELY TO BE
OPPOSED BY A PARTY WHO IS REPRESENTED BY COUNSEL. THE JUDICIAL COUNCIL
SHALL ALSO CONSIDER THE FOLLOWING FACTORS IN SELECTING THE AGENCIES:
(I) THE LIKELIHOOD THAT REPRESENTATION IN THE PROPOSED CASE TYPE TENDS
TO AFFECT WHETHER A PARTY PREVAILS OR OTHERWISE OBTAINS A SIGNIFICANTLY
MORE FAVORABLE OUTCOME IN A MATTER IN WHICH THEY WOULD OTHERWISE
FREQUENTLY HAVE JUDGMENT ENTERED AGAINST THEM OR SUFFER THE DEPRIVATION
OF THE BASIC HUMAN NEED AT ISSUE;
(II) THE LIKELIHOOD OF REDUCING THE RISK OF ERRONEOUS DECISIONS;
(III) THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE UNREP-
RESENTED PARTY REGARDING THE BASIC HUMAN NEED AT STAKE IF REPRESENTATION
IS NOT PROVIDED;
(IV) WHETHER THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE
THE POTENTIAL NEED FOR AND COST OF PUBLIC SOCIAL SERVICES REGARDING THE
BASIC HUMAN NEED AT STAKE FOR THE CLIENT AND OTHERS IN THE CLIENT'S
HOUSEHOLD;
(V) THE UNMET NEED FOR LEGAL SERVICES IN THE GEOGRAPHIC AREA TO BE
SERVED; AND
(VI) THE AVAILABILITY AND EFFECTIVENESS OF OTHER TYPES OF COURT
SERVICES, SUCH AS SELF-HELP.
E. EACH APPLICANT SHALL DO THE FOLLOWING:
(I) IDENTIFY THE NATURE OF THE PARTNERSHIP BETWEEN THE COURT AND THE
OTHER AGENCIES OR OTHER PROVIDERS THAT WOULD WORK WITHIN THE PROJECT;
(II) DESCRIBE THE REFERRAL PROTOCOLS TO BE USED, THE CRITERIA THAT
WOULD BE EMPLOYED IN CASE ASSESSMENT, WHY THOSE CASES WERE SELECTED, THE
MANNER TO ADDRESS CONFLICTS WITHOUT VIOLATING ANY ATTORNEY-CLIENT PRIVI-
LEGE WHEN ADVERSE PARTIES ARE SEEKING REPRESENTATION THROUGH THE
PROJECT, AND THE MEANS FOR SERVING POTENTIAL CLIENTS WHO NEED LANGUAGE
ASSISTANCE WITHIN THE COURT SYSTEM; AND
(III) DESCRIBE HOW THE PROJECT WOULD BE ADMINISTERED, INCLUDING HOW
THE DATA COLLECTION REQUIREMENTS WOULD BE MET WITHOUT CAUSING AN UNDUE
BURDEN ON THE COURTS, CLIENTS, OR THE PROVIDERS, THE PARTICULAR OBJEC-
TIVES OF THE PROJECT, STRATEGIES TO EVALUATE THEIR SUCCESS IN MEETING
THOSE OBJECTIVES, AND THE MEANS BY WHICH THE PROJECT WOULD SERVE THE
PARTICULAR NEEDS OF THE COMMUNITY, SUCH AS BY PROVIDING REPRESENTATION
TO LIMITED-ENGLISH-SPEAKING CLIENTS, THE ELDERLY AND THE DISABLED.
S. 1918 5
5. TO ENSURE THE MOST EFFECTIVE USE OF THE FUNDING AVAILABLE, THE LEAD
LEGAL SERVICES AGENCY SHALL SERVE AS A HUB FOR ALL REFERRALS, AND THE
POINT AT WHICH DECISIONS ARE MADE ABOUT WHICH REFERRALS WILL BE SERVED
AND BY WHOM. REFERRALS SHALL EMANATE FROM THE COURT, AS WELL AS FROM THE
OTHER AGENCIES PROVIDING SERVICES THROUGH THE PROGRAM, AND SHALL BE
DIRECTED TO THE LEAD LEGAL SERVICES AGENCY FOR REVIEW. THAT AGENCY, OR
ANOTHER AGENCY OR ATTORNEY IN THE EVENT OF CONFLICT, SHALL COLLECT THE
INFORMATION NECESSARY TO ASSESS WHETHER THE CASE SHOULD BE SERVED. IN
PERFORMING THAT CASE ASSESSMENT, THE AGENCY SHALL DETERMINE THE RELATIVE
NEED FOR REPRESENTATION OF THE LITIGANT, INCLUDING ALL OF THE FOLLOWING:
A. CASE COMPLEXITY;
B. WHETHER THE OPPOSING PARTY IS REPRESENTED;
C. THE ADVERSARIAL NATURE OF THE PROCEEDING;
D. THE AVAILABILITY AND EFFECTIVENESS OF OTHER TYPES OF SERVICES, SUCH
AS SELF-HELP, IN LIGHT OF THE POTENTIAL CLIENT AND THE NATURE OF THE
CASE;
E. BARRIERS TO ACCESS DUE TO LANGUAGE;
F. BARRIERS TO ACCESS DUE TO DISABILITY;
G. BARRIERS TO ACCESS DUE TO LITERACY;
H. THE MERITS OF THE CASE;
I. THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE POTENTIAL
CLIENT IF REPRESENTATION IS NOT PROVIDED; AND
J. WHETHER THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE THE
NEED FOR AND COST OF PUBLIC SOCIAL SERVICES FOR THE POTENTIAL CLIENT AND
OTHERS IN THE POTENTIAL CLIENT'S HOUSEHOLD.
6. THE DECISION AND LEVEL OF REPRESENTATION SHOULD BE MADE AT THE SOLE
DISCRETION OF THE LEAD AGENCY, ORGANIZATION, OR ATTORNEY BASED ON THE
FACTORS SET FORTH ABOVE.
7. IF BOTH PARTIES TO A DISPUTE ARE FINANCIALLY ELIGIBLE FOR REPRESEN-
TATION, EACH PROPOSAL SHALL ENSURE THAT REPRESENTATION FOR BOTH SIDES IS
EVALUATED. IN THESE AND OTHER CASES IN WHICH CONFLICT ISSUES ARISE, THE
LEAD LEGAL SERVICES AGENCY SHALL HAVE REFERRAL PROTOCOLS WITH OTHER
AGENCIES AND PROVIDERS, SUCH AS A PRIVATE ATTORNEY PANEL, TO ADDRESS
THOSE CONFLICTS.
8. EACH LEAD AGENCY, ORGANIZATION, OR ATTORNEY SHALL BE RESPONSIBLE
FOR KEEPING RECORDS ON THE REFERRALS ACCEPTED AND THOSE NOT ACCEPTED FOR
REPRESENTATION, AND THE REASONS FOR EACH, IN A MANNER THAT DOES NOT
VIOLATE ANY PRIVILEGED COMMUNICATIONS BETWEEN THE AGENCY AND THE
PROSPECTIVE CLIENT. EACH LEAD AGENCY, ORGANIZATION OR ATTORNEY SHALL BE
PROVIDED WITH STANDARDIZED DATA COLLECTION TOOLS TO BE DETERMINED BY THE
COMMISSION, AND REQUIRED TO TRACK CASE INFORMATION FOR EACH REFERRAL TO
ALLOW THE EVALUATION TO MEASURE THE NUMBER OF CASES SERVED, THE LEVEL OF
SERVICE REQUIRED, AND THE OUTCOMES FOR THE CLIENTS IN EACH CASE. IN
ADDITION TO THIS INFORMATION ON THE EFFECT OF THE REPRESENTATION ON THE
CLIENTS, DATA SHALL BE COLLECTED REGARDING THE OUTCOMES FOR THE TRIAL
COURTS. THIS DATA SHALL BE COMPILED IN A REPORT TO BE SUBMITTED TO THE
COMMISSION ON A QUARTERLY BASIS.
S 723-C. ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL. 1. THERE IS
HEREBY ESTABLISHED THE ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL.
2. A. THE REVIEW PANEL SHALL BE COMPOSED OF AT LEAST SIXTEEN MEMBERS,
TO BE APPOINTED AS FOLLOWS:
(I) ATTORNEY-IN-CHIEF FOR THE LEGAL AID SOCIETY OR HIS/HER REPRESEN-
TATIVE;
(II) CHAIR OF LEGAL SERVICES NYC OR HIS/HER REPRESENTATIVE;
(III) EXECUTIVE DIRECTOR OF LEGAL SERVICES OF THE HUDSON VALLEY OR
HIS/HER REPRESENTATIVE;
S. 1918 6
(IV) EXECUTIVE DIRECTOR OF THE LEGAL AID SOCIETY OF NORTHEASTERN NY OR
HIS/HER REPRESENTATIVE;
(V) EXECUTIVE DIRECTOR OF THE WESTERN NY LAW CENTER OR HIS/HER REPRE-
SENTATIVE;
(VI) PRESIDENT OF THE EMPIRE JUSTICE CENTER OR HIS/HER REPRESENTATIVE;
(VII) EXECUTIVE DIRECTOR OF THE NEW YORK LAWYERS FOR THE PUBLIC INTER-
EST OR HIS/HER REPRESENTATIVE;
(VIII) THE PRESIDENT OF THE NEW YORK LEGAL ASSISTANCE GROUP OR HIS/HER
REPRESENTATIVE;
(IX) EXECUTIVE DIRECTOR OF LAMBDA LEGAL OR HIS/HER REPRESENTATIVE;
(X) THE IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION
OR A REPRESENTATIVE APPOINTED BY THE ASSOCIATION;
(XI) THE IMMEDIATE PAST PRESIDENT OF THE NETWORK OF BAR LEADERS OR
HIS/HER REPRESENTATIVE;
(XII) THE IMMEDIATE PAST PRESIDENT OF THE WOMEN'S BAR ASSOCIATION OF
THE STATE OF NEW YORK OR HIS/HER REPRESENTATIVE;
(XIII) THE IMMEDIATE PAST PRESIDENT OF THE METROPOLITAN BLACK BAR
ASSOCIATION OR HIS/HER REPRESENTATIVE;
(XIV) THE IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE DIRECTOR OF
THE FUND FOR MODERN COURTS OR HIS/HER REPRESENTATIVE;
(XV) EXECUTIVE DIRECTOR OF THE IOLA FUND OF THE STATE OF NEW YORK OR
HIS/HER REPRESENTATIVE; AND
(XVI) ONE REPRESENTATIVE FROM THE NATIONAL COALITION FOR A CIVIL RIGHT
TO COUNSEL.
B. THE MEMBERS OF THE REVIEW PANEL SHALL SERVE TERMS OF FOUR YEARS.
ALL MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED. VACANCIES
ON THE REVIEW PANEL SHALL BE FILLED FOR THE REMAINDER OF THE TERM IN THE
MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
C. THE MEMBERS OF THE REVIEW PANEL SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
D. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO OFFICER OR
EMPLOYEE OF THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
HAVE FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT BY
REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE REVIEW PANEL.
E. A MAJORITY OF THE MEMBERS OF THE REVIEW PANEL SHALL CONSTITUTE A
QUORUM.
F. THE MEMBERS OF THE REVIEW PANEL MAY PARTICIPATE IN A MEETING OF
SUCH REVIEW PANEL BY MEANS OF A CONFERENCE TELEPHONE OR SIMILAR COMMUNI-
CATIONS EQUIPMENT ALLOWING ALL PERSONS PARTICIPATING IN THE MEETING TO
HEAR EACH OTHER AT THE SAME TIME; PARTICIPATION BY SUCH MEANS SHALL
CONSTITUTE PRESENCE IN PERSON AT SUCH MEETING.
3. THE PURPOSE OF THE PANEL IS TO ENSURE THAT QUALITY REPRESENTATION
IS PROVIDED UNDER THIS ARTICLE. THIS INCLUDES PROCESSING COMPLAINTS
AGAINST ATTORNEYS ASSIGNED UNDER THIS ARTICLE, ESTABLISHING THE PROPER
REMEDY FOR AGGRIEVED PARTIES, ATTORNEY ADMISSION AS ASSIGNED COUNSEL,
ATTORNEY TRAINING, AND ALL OTHER PROCEDURES THE REVIEW PANEL FINDS
NECESSARY TO ACHIEVE ITS GOAL. NOTHING IN THIS ARTICLE SHALL PREVENT
ANY INVESTIGATION UNDER THE NEW YORK STATE UNIFIED COURT SYSTEM RULES OF
PROFESSIONAL CONDUCT OR OTHERWISE.
4. THE REVIEW PANEL MAY WORK TOGETHER WITH THE CIVIL RIGHT TO COUNSEL
COMMISSION TO ACHIEVE THE COMMON GOALS OF THIS ARTICLE.
5. A. THE CHIEF JUDGE OF THE COURT OF APPEALS AND THE REVIEW PANEL
APPOINTEES SHALL CONVENE THE REVIEW PANEL AND CREATE A PLAN OUTLINING
THE PROCEDURE AND GUIDELINES TO GOVERN THE PANEL AND ASSIGNED COUNSEL
PROGRAM IN ACCORDANCE WITH THE GOAL OF PROVIDING QUALITY CIVIL LEGAL
S. 1918 7
REPRESENTATION. THE CHIEF JUDGE OF THE COURT OF APPEALS SHALL CONSULT
WITH THE ADMINISTRATIVE JUDGES OF EACH JUDICIAL DISTRICT TO RECEIVE
GUIDANCE ON THE NEEDS OF EACH DISTRICT.
B. THE GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:
(I) MEETING REQUIREMENTS OF THE PANEL;
(II) STANDARDS OF QUALITY REPRESENTATION;
(III) TRAINING NECESSARY TO PROVIDE CIVIL ASSIGNED COUNSEL REPRESEN-
TATION;
(IV) CONTENT FOR THE COMPLAINT FORM FOR A GRIEVANCE AGAINST AN AGENCY
OR ATTORNEY ASSIGNED AS CIVIL ASSIGNED COUNSEL;
(V) A GRIEVANCE PROCEDURE; AND
(VI) ESTABLISHING POSSIBLE REMEDIES FOR THOSE FOUND TO BE AGGRIEVED.
S 723-D. COMPENSATION AND REIMBURSEMENT. 1. ALL COUNSEL ASSIGNED IN
ACCORDANCE WITH A PLAN OF THE COURT, OTHER ORGANIZATION, OR A BAR ASSO-
CIATION CONFORMING TO THE REQUIREMENTS OF THIS ARTICLE WHEREBY THE
SERVICES OF PRIVATE COUNSEL ARE ROTATED AND COORDINATED BY AN ADMINIS-
TRATOR SHALL AT THE CONCLUSION OF THE REPRESENTATION RECEIVE:
A. FOR REAL PROPERTY PROCEEDINGS NO LESS THAN FIFTY DOLLARS PER HOUR;
B. FOR CASES INVOLVING HEALTH NO LESS THAN FIFTY DOLLARS PER HOUR;
C. FOR CASES INVOLVING LICENSE REVOCATION OR SUSPENSION NO LESS THAN
FIFTY DOLLARS PER HOUR;
D. FOR CASES INVOLVING SUSTENANCE NO LESS THAN SIXTY DOLLARS PER HOUR;
AND
E. FOR CASES INVOLVING CHILDREN NO LESS THAN SIXTY DOLLARS PER HOUR.
2. FOR THE PURPOSES OF THIS SECTION:
A. REAL PROPERTY PROCEEDINGS SHALL INCLUDE SECTIONS SEVEN HUNDRED
ELEVEN, SEVEN HUNDRED THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED
ONE, ONE THOUSAND NINETY-THREE, THIRTEEN HUNDRED THREE AND ARTICLE THIR-
TEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW;
B. CASES INVOLVING HEALTH SHALL INCLUDE ARTICLE FORTY-NINE OF THE
PUBLIC HEALTH LAW;
C. CASES INVOLVING LICENSE REVOCATION OR SUSPENSION SHALL INCLUDE
SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND TWO HUNDRED
SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW;
D. CASES INVOLVING SUSTENANCE SHALL INCLUDE SECTIONS ONE HUNDRED NINE-
TY-SIX-A, FIVE HUNDRED THIRTY-EIGHT, SIX HUNDRED TWENTY, SIX HUNDRED
TWENTY-ONE, SIX HUNDRED TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX
HUNDRED EIGHTY-ONE OF THE LABOR LAW, SECTIONS TWENTY-TWO AND THREE
HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW AND RULE THREE HUNDRED
FIVE AND ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES;
E. CASES INVOLVING CHILDREN SHALL INCLUDE ARTICLE FOUR OF THE FAMILY
COURT ACT.
3. FOR ALL REPRESENTATION, COMPENSATION AND REIMBURSEMENT SHALL
INCLUDE REIMBURSEMENT FOR REASONABLY INCURRED EXPENSES.
4. COMPENSATION FOR REPRESENTATION IN SUCH CASES SHALL BE GUIDED BY
THE MINIMUM AMOUNTS SET FORTH ABOVE. THE COMPENSATION MINIMUMS ARE SET
FOR COUNSEL ONLY, NOT SUPPORT OR ADMINISTRATIVE STAFF WORK. WORK FOR
SUPPORT OR ADMINISTRATIVE STAFF SHOULD BE SET BY INDIVIDUAL COUNSEL,
FIRM, OR ORGANIZATION AND SHOULD BE SET AT A LOWER RATE THAN COMPEN-
SATION FOR COUNSEL.
5. THERE SHALL BE NO DIFFERENTIAL IN COMPENSATION RATE FOR OUT OF
COURT TIME EXPENDED AND IN COURT TIME EXPENDED. RATES SHOULD BE SET AT
THE MINIMUM STATED ABOVE OR HIGHER BASED ON THE COMPLEXITY OF THE CASE
AND EXPERTISE OF THE ATTORNEY. SUCH RATES SHALL BE SUBJECT TO THE
APPROVAL OF THE COURT OF JURISDICTION BASED ON THE COMPLEXITY OF THE
S. 1918 8
CASE, EXPERTISE OF THE ATTORNEY, THE MARKET, AND ANY OTHER FACTORS THE
COURT DEEMS JUST AND APPROPRIATE.
6. THERE SHOULD BE NO CAP ON THE AMOUNT OF COMPENSATION OR REIMBURSE-
MENT RECEIVED FOR REPRESENTATION. THE AMOUNT OF COMPENSATION AND
REIMBURSEMENT IS SUBJECT TO COURT APPROVAL AS DESCRIBED ABOVE.
7. COMPENSATION AND REIMBURSEMENT FOR APPEAL SHALL BE FIXED BY THE
APPELLATE COURT NOT TO BE BELOW THE RATES SET FORTH IN THIS SECTION.
8. IN EXTRAORDINARY CIRCUMSTANCES A TRIAL OR APPELLATE COURT MAY
PROVIDE FOR PAYMENT OF COMPENSATION AND REIMBURSEMENT FOR EXPENSES
BEFORE THE COMPLETION OF THE REPRESENTATION UPON APPLICATION.
S 3. The opening paragraph of section 722 of the county law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
The governing body of each county and the governing body of the city
in which a county is wholly contained shall place in operation through-
out 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. THE GOVERNING BODY OF
EACH COUNTY AND THE GOVERNING BODY OF THE CITY IN WHICH A COUNTY IS
WHOLLY CONTAINED SHALL ALSO PLACE IN OPERATION THROUGHOUT THE COUNTY A
PLAN FOR PROVIDING COUNSEL TO FINANCIALLY UNABLE PERSONS IN CIVIL
PROCEEDINGS UNDER THIS SECTION, SECTIONS ONE HUNDRED NINETY-SIX-A, FIVE
HUNDRED THIRTY-EIGHT, SIX HUNDRED TWENTY, SIX HUNDRED TWENTY-ONE, SIX
HUNDRED TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE
OF THE LABOR LAW, SECTIONS TWENTY-TWO AND THREE HUNDRED FIVE OF THE
SOCIAL SERVICES LAW, WHERE THERE IS A REVOCATION OR SUSPENSION ISSUED
PURSUANT TO SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND
TWO HUNDRED SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ARTICLE FORTY-NINE
OF THE PUBLIC HEALTH LAW, SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED
THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED ONE, ONE THOUSAND NINE-
TY-THREE, SECTION THIRTEEN HUNDRED THREE AND ARTICLE THIRTEEN OF THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, RULE THREE HUNDRED FIVE AND
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AND ARTICLE
FOUR OF THE FAMILY COURT ACT. FOR THE PURPOSES OF THIS SECTION THE TERMS
"FINANCIALLY UNABLE" AND "LOW INCOME" SHALL MEAN AN INDIVIDUAL WHO IS AT
OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES. 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:
S 4. Subdivision 3 of section 1303 of the real property actions and
proceedings law, as amended by chapter 507 of the laws of 2009 and as
further amended by section 104 of part A of chapter 62 of the laws of
2011, is amended to read as follows:
3. The notice to any mortgagor required by paragraph (a) of subdivi-
sion one of this section shall appear as follows:
Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure action, you may lose your
home. Please read the summons and complaint carefully. You should imme-
diately contact an attorney or your local legal aid office to obtain
advice on how to protect yourself.
S. 1918 9
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and non-profit organizations
that you may contact for information about possible options, including
trying to work with your lender during this process. YOU MAY BE ENTITLED
TO ASSIGNED COUNSEL IF YOU ARE FINANCIALLY UNABLE TO OBTAIN REPRESEN-
TATION.
To locate an entity near you, you may call the toll-free helpline
maintained by the New York State Department of Financial Services at
(enter number) or visit the Department's website at (enter web address).
Foreclosure rescue scams
Be careful of people who approach you with offers to "save" your home.
There are individuals who watch for notices of foreclosure actions in
order to unfairly profit from a homeowner's distress. You should be
extremely careful about any such promises and any suggestions that you
pay them a fee or sign over your deed. State law requires anyone offer-
ing such services for profit to enter into a contract which fully
describes the services they will perform and fees they will charge, and
which prohibits them from taking any money from you until they have
completed all such promised services.
S 5. Section 722-c of the county law, as amended by section 3 of part
J of chapter 62 of the laws of 2003, is amended to read as follows:
S 722-c. Services other than counsel. Upon a finding in an ex parte
proceeding that investigative, expert or other services are necessary
and that the defendant or other person described in section two hundred
forty-nine or section two hundred sixty-two of the family court act,
article six-C of the correction law [or], section four hundred seven of
the surrogate's court procedure act, SECTION SEVEN HUNDRED TWENTY-TWO OF
THIS ARTICLE, SECTIONS ONE HUNDRED NINETY-SIX-A, FIVE HUNDRED
THIRTY-EIGHT, SIX HUNDRED TWENTY, SIX HUNDRED TWENTY-ONE, SIX HUNDRED
TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE OF THE
LABOR LAW, SECTIONS TWENTY-TWO AND THREE HUNDRED FIVE OF THE SOCIAL
SERVICES LAW, WHERE THERE IS A REVOCATION OR SUSPENSION ISSUED PURSUANT
TO SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND TWO
HUNDRED SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ARTICLE FORTY-NINE OF
THE PUBLIC HEALTH LAW, SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED
THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED ONE, ONE THOUSAND NINE-
TY-THREE, THIRTEEN HUNDRED THREE AND ARTICLE THIRTEEN OF THE REAL PROP-
ERTY ACTIONS AND PROCEEDINGS LAW, RULE THREE HUNDRED FIVE AND ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, AND ARTICLE FOUR OF
THE FAMILY COURT ACT, is financially unable to obtain them, the court
shall authorize counsel, whether or not assigned in accordance with a
plan, to obtain the services on behalf of the defendant or such other
person. The court upon a finding that timely procurement of necessary
services could not await prior authorization may authorize the services
nunc pro tunc. The court shall determine reasonable compensation for the
services and direct payment to the person who rendered them or to the
person entitled to reimbursement. [Only in extraordinary circumstances
may the court provide for compensation in excess of one thousand dollars
per investigative, expert or other service provider.]
Each claim for compensation shall be supported by a sworn statement
specifying the time expended, services rendered, expenses incurred and
reimbursement or compensation applied for or received in the same case
from any other source.
S. 1918 10
S 6. Section 227 of the vehicle and traffic law is amended by adding a
new subdivision 7 to read as follows:
7. A FINANCIALLY UNABLE PERSON WHO IS CHARGED WITH AN OFFENSE PUNISHA-
BLE BY A REVOCATION OR SUSPENSION OF HIS OR HER DRIVERS' LICENSE WHERE
THE PERSON IS DEPENDENT ON DRIVING FOR THEIR EMPLOYMENT OR WHERE THERE
IS A LACK OF PUBLIC TRANSPORTATION IN THE PERSON'S SURROUNDING AREA
SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE COURT. ASSIGNMENT OF COUN-
SEL UNDER THIS SECTION SHALL BE IMPLEMENTED AS PROVIDED IN ARTICLE EIGH-
TEEN-B OF THE COUNTY LAW. FOR THE PURPOSES OF THIS SECTION THE TERM
"FINANCIALLY UNABLE" SHALL MEAN AN INDIVIDUAL WHO IS AT OR BELOW TWO
HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
S 7. Section 261 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
5. ASSIGNMENT OF COUNSEL. A FINANCIALLY UNABLE PERSON WHO IS CHARGED
WITH AN OFFENSE PUNISHABLE BY A REVOCATION OR SUSPENSION OF HIS OR HER
DRIVERS' LICENSE WHERE THE PERSON IS DEPENDENT ON DRIVING FOR THEIR
EMPLOYMENT OR WHERE THERE IS A LACK OF PUBLIC TRANSPORTATION IN THE
PERSON'S SURROUNDING AREA SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE
COURT. ASSIGNMENT OF COUNSEL UNDER THIS SECTION SHALL BE IMPLEMENTED AS
PROVIDED IN ARTICLE EIGHTEEN-B OF THE COUNTY LAW. FOR THE PURPOSES OF
THIS SECTION THE TERM "FINANCIALLY UNABLE" SHALL MEAN AN INDIVIDUAL WHO
IS AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
S 8. The state finance law is amended by adding a new section 98-d to
read as follows:
S 98-D. CIVIL GIDEON ASSISTANCE FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMPTROLLER, OFFICE OF COURT ADMINISTRATION
AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN
AS THE CIVIL GIDEON ASSISTANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO OR CREDITED TO
SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
3. A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO THE
BIENNIAL ATTORNEY FEES TO BE ADDED TO THIS FUND, AS SET FORTH IN SECTION
FOUR HUNDRED SIXTY-EIGHT-A OF THE JUDICIAL LAW.
(A) THE PURPOSE OF SUCH FUND SHALL BE TO: (I) ASSIST COUNTIES AND, IN
THE CASE OF A COUNTY WHOLLY CONTAINED WITHIN A CITY, SUCH CITY, IN
PROVIDING LEGAL REPRESENTATION FOR PERSONS WHO ARE FINANCIALLY UNABLE TO
AFFORD COUNSEL PURSUANT TO ARTICLE EIGHTEEN-C OF THE COUNTY LAW; (II)
ASSIST THE STATE, IN IMPROVING THE QUALITY OF CIVIL LEGAL SERVICES
ADDRESSING THE ESSENTIALS OF LIFE AND FUNDING REPRESENTATION PROVIDED BY
ASSIGNED COUNSEL PAID IN ACCORDANCE WITH SECTION THIRTY-FIVE OF THE
JUDICIARY LAW; (III) PROVIDE SUPPORT FOR THE OPERATIONS, DUTIES, RESPON-
SIBILITIES AND EXPENSES FOR THE RIGHT TO CIVIL REPRESENTATION COMMISSION
AND PANEL ESTABLISHED, RESPECTIVELY, PURSUANT TO THIS ARTICLE; AND (IV)
PROVIDE FUNDING FOR LEGAL REPRESENTATION AS DESCRIBED HEREIN.
(B) STATE FUNDS RECEIVED BY A COUNTY OR CITY FROM SUCH FUND SHALL BE
USED TO SUPPLEMENT AND NOT SUPPLANT ANY LOCAL FUNDS WHICH SUCH COUNTY OR
CITY WOULD OTHERWISE HAVE HAD TO EXPEND FOR THE PROVISION OF COUNSEL AND
EXPERT, INVESTIGATIVE AND OTHER SERVICES PURSUANT TO ARTICLE EIGHTEEN-C
OF THE COUNTY LAW. ALL SUCH STATE FUNDS RECEIVED BY A COUNTY OR CITY
SHALL BE USED TO IMPROVE THE QUALITY OF SERVICES PROVIDED PURSUANT TO
ARTICLE EIGHTEEN-C OF THE COUNTY LAW.
(C) AS USED IN THIS SECTION, "LOCAL FUNDS" SHALL MEAN ALL FUNDS APPRO-
PRIATED OR ALLOCATED BY A COUNTY OR, IN THE CASE OF A COUNTY WHOLLY
CONTAINED WITHIN A CITY, SUCH CITY, FOR SERVICES AND EXPENSES IN ACCORD-
ANCE WITH ARTICLE EIGHTEEN-C OF THE COUNTY LAW, OTHER THAN FUNDS
S. 1918 11
RECEIVED FROM: (I) THE FEDERAL GOVERNMENT OR THE STATE; OR (II) A
PRIVATE SOURCE, WHERE SUCH CITY OR COUNTY DOES NOT HAVE AUTHORITY OR
CONTROL OVER THE PAYMENT OF SUCH FUNDS BY SUCH PRIVATE SOURCE.
3. AMOUNTS DISTRIBUTED FROM SUCH FUND SHALL BE LIMITED TO AMOUNTS
DEEMED APPROPRIATE BY THE OFFICE OF COURT ADMINISTRATION AND SHALL BE
DISTRIBUTED PROPORTIONATELY BY LEVEL OF NEED AT THE COURT'S DISCRETION.
(A) FOR ALL STATE FISCAL YEARS, EACH COUNTY AND THE CITY OF NEW YORK,
SHALL RECEIVE NINETY PERCENT OF THE AMOUNT PAID TO SUCH COUNTY IN THE
PREVIOUS FISCAL YEAR.
(B) REMAINING AMOUNTS WITHIN SUCH FUND, AFTER ACCOUNTING FOR ANNUAL
PAYMENTS REQUIRED IN THIS SECTION SHALL BE DISTRIBUTED IN ACCORDANCE
WITH SECTIONS EIGHT HUNDRED THIRTY-TWO AND EIGHT HUNDRED THIRTY-THREE OF
THE EXECUTIVE LAW.
S 9. Subdivision 5 of section 468-a of the judiciary law is renumbered
subdivision 6 and a new subdivision 5 is added to read as follows:
5. A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO THE
BIENNIAL ATTORNEY FEES TO BE ALLOCATED TO AND BE DEPOSITED INTO A FUND
ESTABLISHED PURSUANT TO THE PROVISIONS OF ARTICLE EIGHTEEN-C OF THE
COUNTY LAW. SUCH SURCHARGE SHALL BE ASSESSED TO EVERY ATTORNEY IN THE
SAME MANNER AS THE BIENNIAL FEE DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION.
S 10. This act shall take effect immediately, and the appointment of
members to the civil right to counsel commission and the assigned coun-
sel for civil matters review panel shall be completed within 90 days of
such effective date.
