Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 407
Assignment of counsel for indigent persons 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 4
§ 407. Assignment of counsel for indigent persons

1. (a) Each of the persons described below in this subdivision has
the right to the assistance of counsel. When such person first appears
in court, the surrogate shall advise such person before proceeding that
he has the right to be represented by counsel of his own choosing, of
his right to have an adjournment to confer with counsel, and of his
right to have counsel assigned by the court in any case where he is
financially unable to obtain the same;

(i) the respondent in any proceeding under section three hundred
eighty-four-b of the social services law;

(ii) the respondent in any proceeding for the approval of a surrender
instrument under section three hundred eighty-four of the social
services law;

(iii) the parent of a child in any adoption proceeding who opposes the
adoption of such child;

(iv) the parent of any child seeking custody or contesting the
substantial infringement of his or her right to custody of such child,
in any proceeding before the court in which the court has jurisdiction
to determine such custody;

(v) any of the above persons upon an appeal in any of the above
proceedings.

(b) In addition to the cases listed in paragraph (a) of this
subdivision, a judge may assign counsel to represent any adult in a
proceeding under this act if he determines that such assignment of
counsel is mandated by the constitution of this state or of the United
States, and includes such determination in the order assigning counsel.

2. Any order for the assignment of counsel issued under this section
shall be implemented as provided in article eighteen-B of the county
law.