§ 833 — Indigent legal services board

New York § 833

• Jurisdiction: New York
• Law EXC: Executive
• Art. 30: Indigent Legal Services

Text

§ 833. Indigent legal services board. 1. There is hereby created the\nindigent legal services board hereinafter referred to in this section as\nthe "board". The purpose of such board shall be to monitor, study and\nmake efforts to improve the quality of services provided pursuant to\narticle eighteen-B of the county law. No active prosecutor, law\nenforcement official or person providing prosecution-related services,\nor employee of such a prosecutor, official or person, shall be appointed\nto or serve on such board. The board shall consist of nine members who\nshall be appointed as follows:\n (a) one shall be the chief judge of the court of appeals, who shall be\nthe chair of the board;\n (b) one shall be appointed by the governor on the recommendation of\nthe temporary president of the senate;\n (c) one shall be appointed by the governor on the recommendation of\nthe speaker of the assembly;\n (d) one shall be appointed by the governor from a list of at least\nthree attorney nominees submitted by the New York state bar association;\n (e) two shall be appointed by the governor from a list of at least\nfour nominees submitted by the New York state association of counties;\n (f) one shall be appointed by the governor and shall be an attorney\nwho has provided public defense services for at least five years;\n (g) one attorney who shall be appointed by the governor; and\n (h) one shall be appointed by the governor, from a list of no more\nthan two nominees submitted by the chief administrator of the courts,\neach of whom shall be a judge or justice, or retired judge or justice,\nwho was elected to the supreme, county or family court, or appointed to\nthe criminal court or family court in the city of New York, and has\nsubstantial experience presiding as such a judge or justice in trial\nmatters before such court.\n 2. All members of the board shall be appointed for terms of three\nyears such terms to commence on August first, and expire July\nthirty-first, provided, however, that the chief judge of the court of\nappeals shall serve ex officio; and provided further, that the initial\nterm of the member appointed pursuant to paragraph (d), the first of the\ntwo members appointed pursuant to paragraph (e) and the member appointed\nunder paragraph (g) of subdivision one of this section shall be for two\nyears. Initial appointments must be made within sixty days of the\neffective date of this subdivision. Any member chosen to fill a vacancy\ncreated otherwise than by expiration of term shall be appointed for the\nunexpired term of the member whom he or she is to succeed. Vacancies\ncaused by expiration of a term or otherwise shall be filled promptly and\nin the same manner as original appointments. Any member may be\nreappointed for additional terms.\n A member of the board shall continue in such position upon the\nexpiration of his or her term until such time as he or she is\nreappointed or his or her successor is appointed, as the case may be.\n 3. Membership on the board shall not constitute the holding of an\noffice, and members of the board shall not be required to take and file\noaths of office before serving on the board. The board shall not have\nthe right to exercise any portion of the sovereign power of the state.\n 4. The board shall meet at least four times in each year. The first\nmeeting of the board shall be held within thirty days of the appointment\nof the full board or within sixty days after the effective date of this\nsubdivision, whichever occurs earlier. Special meetings may be called by\nthe chair and shall be called by the chair upon the request of five\nmembers of the board. The board may establish its own procedures with\nrespect to the conduct of its meetings and other affairs; provided,\nhowever, that the quorum and majority provisions of section forty-one of\nthe general construction law shall govern all actions taken by the\nboard.\n 5. The members of the board shall receive no compensation for their\nservices but shall be allowed their actual and necessary expenses\nincurred in the performance of their functions hereunder.\n 6. No member of the board shall be disqualified from holding any\npublic office or employment, nor shall he or she forfeit any such office\nor employment, by reason of his or her appointment pursuant to this\nsection, notwithstanding the provisions of any other general, special or\nlocal law, ordinance or city charter.\n 7. The board shall have the following duties and responsibilities:\n (a) To evaluate existing indigent legal services programs and\ndetermine the type of indigent legal services that should be provided in\nNew York state to best serve the interests of persons receiving such\nservices;\n (b) To consult with and advise the office of indigent legal services\nin carrying out the duties and responsibilities of such office;\n (c) To accept, reject or modify recommendations made by the office of\nindigent legal services regarding the allocation of funds and the\nawarding of grants, including incentive grants, from the indigent legal\nservices fund created pursuant to section ninety-eight-b of the state\nfinance law. When acting on such a recommendation, the board shall set\nforth the basis for its determination; and\n (d) To advise and to make an annual report to the governor,\nlegislature and judiciary.\n