N.Y. Comp. Codes R. & Regs. tit. 22 § 1021.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1021.1 - Establishment of program; goals

(a) An Indigent Criminal Appeals Management Program is hereby established to oversee and monitor the assigned counsel program in the Fourth Judicial Department and to improve the delivery of services of assigned appellate counsel to indigent criminal defendants.

(1) It shall be the goal of the program to implement such improvements in the operation and staffs of the legal aid and public defender offices in the Fourth Department so that existing backlogs are eliminated and appeals assigned to such offices are perfected promptly.

(2) It shall be a goal of the program to implement such improvements in the operation of the assigned counsel plans in the Fourth Department so that a disposition is made on all appeals previously assigned to private attorneys participating in such plans and so that future appeals so assigned are perfected promptly.

(3) To assure that these goals are met it shall be the duty of all assigned counsel, including the public defender and legal aid offices, to perfect appeals within a deadline of 120 days after the receipt of the transcripts unless that deadline is extended for good cause shown upon application to the associate justice assigned to chair the council in the appropriate judicial district. Notwithstanding the foregoing, the associate justice assigned to chair such council may set a different deadline for any particular appeal.

(b) In order to achieve the goals specified in subdivision (a) of this section an Indigent Criminal Appeals Council is created in each of the three judicial districts comprising the Fourth Department. The presiding justice shall designate an associate justice to chair each council which shall consist of the permanent members specified by this section, in addition to such other individuals as the presiding justice deems appropriate. The permanent members shall include:

(1) the attorneys in charge of the appeals divisions of the public defender and legal aid offices of those counties in which such offices are assigned to perfect appeals or, if no such division exists, the public defender or attorney in charge of such office;

(2) the assigned counsel administrator of those counties in which criminal appeals are assigned to private counsel participating in an assigned counsel plan pursuant to County Law, section 722(3);

(3) the assistant district attorneys in charge of the appeals divisions of the district attorney's offices or if no such division exists, the district attorney; and

(4) the administrative court reporter for each judicial district.

(c) The councils shall meet at such times as the presiding justice or chairpersons deem appropriate. The presiding Justice shall furnish to each chairperson at least five days prior to each meeting an agenda of matters to be discussed. The chairperson may add such additional matters to the agenda as are deemed appropriate. The duties of the councils shall include but not be limited to the following:

(1) the evaluation of the efficiency of the operation of the legal aid societies and public defender offices within the counties situate within the jurisdiction of each council with respect to:

(i) the number of assigned appeals pending, and the length of time the appeals have been pending;

(ii) the number of attorneys available to perfect assigned appeals and whether such attorneys are available on a full-time basis;

(iii) the number of appeals perfected annually;

(iv) availability of alternative representation in those cases involving conflict of interests;

(v) the length of time necessary to obtain transcripts of stenographic minutes necessary to perfect assigned appeals; and

(vi) any matter of concern raised by the presiding justice, chairperson or any member of the council relating to indigent criminal appeals;

(2) the evaluation of the operation of the assigned counsel plans in each county utilizing such a plan for the assignment of appeals with respect to:

(i) the number of attorneys in each county willing to accept assignments of appeals;

(ii) individual caseloads and the length of time such cases have been pending;

(iii) the length of time necessary to obtain transcripts of the stenographic minutes necessary for the perfection of appeals; and

(iv) any matter of concern raised by the presiding justice, chairperson or member of the council relating to indigent criminal appeals;

(3) the submission to the presiding justice of recommendations for the elimination of appeal backlogs in the public defender offices or legal aid societies and the achievement of the time and calendaring goals established by these rules.

(d) Each council shall submit to the presiding justice no later than 30 days after the date of the meeting of the council, a report of the council's deliberations and recommendations.

(e) Public defender and legal aid offices assigned to perfect criminal appeals and assigned council administrators, at least two weeks before each meeting of the council, shall file a report with the council chairperson showing the status of all assigned appeals in their counties and measures they have taken with respect to delinquent appeals.

(f) The presiding justice shall take such steps as are deemed appropriate to implement the recommendations of the councils in conjunction with this court, the Chief Administrator of the Courts, the Chief Administrative Judge of a judicial district or local authorities responsible for funding the public defender offices, legal aid offices or the assigned counsel plan.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1021.1