N.Y. Comp. Codes R. & Regs. tit. 22 § 612.13
The Appellate Division, First Judicial Department, in furtherance of its obligation to provide indigent criminal defendants with competent counsel, approves the bylaws contained herein. Membership on all assigned counsel panels is a privilege granted to qualified attorneys by the Appellate Division, First Judicial Department.
BYLAWS
1.1 A quorum of a majority of the Committee is required for the conduct of business.
1.2 Final action on proposed guidelines, applications and complaints requires a majority vote of a quorum.
2.1 All applications for certification or recertification to the panels shall be addressed to the Administrator. The provisions of this section shall apply to applications seeking initial certification or recertification to the panels.
2.2 The Administrator shall examine each application for facial sufficiency. If it is found to be insufficient, the Administrator shall return the application to the applicant.
2.3 The Administrator shall promptly assign every application not returned pursuant to 2.2 to the Committee member for his or her review.
2.4 Within sixty days of receiving the application, the assigned committee member shall contact two-thirds of the required references, at least two in each category (judges, adversaries and colleagues) and shall recommend in writing, to the Chair, the action to be taken on the application. A copy of the recommendation shall be submitted to the Administrator. Requests for extension of the sixty day period shall be made in writing to the Administrator.
2.5 Upon receipt of the assigned Committee member's recommendation, the Chair shall accept the recommendation or refer the application to the Committee for review. When the Chair refers an application to the Committee, the Chair shall invite the applicant to appear before the Committee. Upon a review of the assigned Committee member's recommendation, the application and any other relevant material, the Committee shall vote on the application pursuant to § 1.2 of these bylaws. The Chair or the Committee shall take the following action on an application:
2.6 Applicants shall be advised by letter of the determination. In the event the applicant is denied certification, the letter must specify the reasons therefor.
2.7 The Committee's action is appealable to the presiding justice of the Appellate Division, First Judicial Department by the submission of a letter requesting review of the Committee's determination. The presiding justice's review of the Committee's determination is final and non-appealable.
2.8 An applicant denied certification to any panel may reapply for that panel one year after the date of the letter denying certification unless a shorter time or other conditions are set by the Chair or the Committee pursuant to §2.5.
3.1 The Administrator, in consultation with the Chair, shall accept and keep records of written complaints concerning the competence and conduct of panel attorneys. Complaints made to the Administrator shall be forwarded to the Chair.
3.2 The Chair, in consultation with the Administrator, may dismiss complaints. Complaints not dismissed shall be referred to a committee member designated by the Chair for further investigation within thirty days of receipt of the complaint.
3.3 Once a complaint has been referred for further investigation, a subcommittee consisting of the Chair, the Administrator, and two additional committee members shall vote as to whether the attorney should be suspended. Suspension shall be imposed upon a majority vote of the subcommittee. The suspension shall continue pending a resolution of the complaint.
3.4 A panel member who is the subject of a complaint shall receive notice of the substance of the complaint. The notice shall advise the attorney that he or she may respond in writing.
3.5 Investigation by the designated subcommittee member shall be completed within ninety days. Extension of time to investigate a complaint may be granted by the Chair. Upon the completion of an investigation, the designated committee member shall make a report, with findings and recommendations, to the Committee.
3.6 The Committee shall, upon receipt of the report, invite the attorney to appear before the Committee, and upon having duly considered the attorney's statements and other relevant submissions, shall take one or more of the following actions, as shall be appropriate:
3.7 At any time the Committee or subcommittee may vote to transmit the information it has developed to the District Attorney or the Departmental Disciplinary Committee.
3.8 The Chair shall promptly notify the attorney in writing of the Committee's action. In the event the determination imposes a restriction on the attorney's panel membership, the letter shall set forth the reasons therefor.
3.9 The determination of the Committee is appealable to the presiding justice of the Appellate Division, First Judicial Department by the submission of a letter requesting review of the Committee's determination. The presiding justice's review of the Committee's determination is final and non-appealable.
3.10 Nothing contained in these bylaws limits the authority or the Appellate Division to suspend or remove an attorney from the panels.
4.1 Committee members shall act expeditiously on applications and compliance referred to them. Any Committee member who fails to take timely action twice during any twelve month period shall be removed by the Presiding Justice.
5.1 An executive committee shall be formed, consisting of the Chair, the Vice-chair, Administrator and three members designated by the Chair. One of the three designees shall serve as Secretary.
5.2 The executive committee may act in place of the Committee in any matter that requires action by the Committee during a period in which the Committee is not scheduled to meet for more than thirty days. Any action taken by the executive committee shall be ratified by the Committee at its next meeting.
5.3 The Chair may designate subcommittees and may designate committee members to serve as chairs therefor.
5.4 All officers and executive committee members shall serve in their respective capacities for three years and may be reappointed by the Appellate Division.
N.Y. Comp. Codes R. & Regs. Tit. 22 § 612.13