22 NYCRR 1032.4

(a) Initial designation to attorneys for children panel.

(1) Eligibility. An attorney is eligible for designation as a member of the attorneys for children panel of a county of this department when the attorney:

(i) is a member in good standing of the Bar of the State of New York and in any other jurisdiction in which the attorney is admitted to the practice of law;

(ii) has attended 17 hours of attorneys for children introductory training sponsored by the attorneys for children program; and

(iii) has obtained experience in attorneys for children representation by appearing either as attorney of record, associate counsel or co-counsel for a party in a minimum of three proceedings under article 3, article 6, article 7, or article 10 of the Family Court Act; or has been found by a Family Court judge to be well qualified by reason of education, training or substantial trial experience.

(2) Application. An attorney may, at any time, apply for membership on a county attorneys for children panel in this department. Such application shall be in the form prescribed by the Appellate Division and shall be submitted for consideration to the supervising judge of Family Court in those counties where the supervising judge sits and in other counties to the senior Family Court judge.

(3) Action by the Family Court judge. The supervising or senior Family Court judge shall review the application and take one of the following actions:

(i) When the judge determines that the attorney has met the eligibility requirements of paragraph (1) of this subdivision and is otherwise qualified to provide appropriate representation for children, the judge shall approve the application and forward it for consideration by the Appellate Division. If the judge finds the attorney to be well qualified under subparagraph (1)(iii) of this subdivision, the judge shall submit the basis of the finding in writing to the Appellate Division.

(ii) When the judge determines for good cause that an attorney should not be designated as an attorney for children panel member, the judge shall deny the application and state the reason for the denial in writing. The attorney may request reconsideration of such denial by the Appellate Division.

(4) Waiver of eligibility requirements. The Appellate Division may waive the eligibility requirements set forth in subparagraphs (1)(ii) and (iii) of this subdivision when an attorney requests such waiver in writing, endorsed by the supervising or senior Family Court judge; and:

(i) the attorney has sufficient relevant experience in the practice of law to demonstrate clearly the ability to represent children effectively; provided, however, that an attorney added to an attorney for children panel based upon a waiver granted pursuant to this paragraph must attend 17 hours of introductory training sponsored by the attorneys for children program within one year of designation.

(5) Action by the Appellate Division. Upon receipt of the application and the recommendation of the supervising or senior Family Court judge that an attorney be placed on the attorneys for children panel, the Appellate Division shall:

(i) designate the attorney to a county panel;

(ii) request further information from the applicant, which may include an interview; or

(iii) decline to designate the attorney to a county panel. If not designated to a county panel, the attorney shall be informed of the basis of the decision and may request reconsideration.

(b) Redesignation of panels.

(1) The Appellate Division shall, on or before April 1st of each year, designate an annual attorneys for children panel for each county in the department from lists of attorneys who have been found competent by the Family Court judge(s) in those counties upon consideration of the following factors:

(i) legal knowledge;

(ii) rapport with clients;

(iii) vigorous advocacy;

(iv) case preparation; and

(v) courtroom demeanor.

(2) To be eligible for redesignation to a panel, and an attorney for children shall:

(i) have completed by January 1, 2011, five hours of initial training, sponsored by the attorneys for children program on domestic violence, its effect on victims and on children, and the relationship between such dynamics and the issues considered by the court, including, but not limited to, custody, visitation and child support;

(ii) have completed within the preceding two years at least one training program sponsored by the attorneys for children program, including ongoing training on domestic violence as incorporated into the attorneys for children training curriculum. If prior approval is obtained from the Appellate Division, attendance at an appropriate educational and training program sponsored or cosponsored by another New York State Judicial Department, bar association, law school or legal aid society, may be substituted for training sponsored by the attorneys for children program; and

(iii) have been found competent by the Family Court judge(s) of the county upon consideration of the factors of attorneys for children competency set forth in subparagraphs (1)(i)-(v) of this subdivision.