§ 407 — Assignment of counsel for indigent persons 1

New York § 407

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 4: Appearance; Protection of Persons Under Disability; Counsel For Indigent Adults In Surrogate's Court Proceedings

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§ 407. Assignment of counsel for indigent persons\n 1. (a) Each of the persons described below in this subdivision has\nthe right to the assistance of counsel. When such person first appears\nin court, the surrogate shall advise such person before proceeding that\nhe has the right to be represented by counsel of his own choosing, of\nhis right to have an adjournment to confer with counsel, and of his\nright to have counsel assigned by the court in any case where he is\nfinancially unable to obtain the same;\n (i) the respondent in any proceeding under section three hundred\neighty-four-b of the social services law;\n (ii) the respondent in any proceeding for the approval of a surrender\ninstrument under section three hundred eighty-four of the social\nservices law;\n (iii) the parent of a child in any adoption proceeding who opposes the\nadoption of such child;\n (iv) the parent of any child seeking custody or contesting the\nsubstantial infringement of his or her right to custody of such child,\nin any proceeding before the court in which the court has jurisdiction\nto determine such custody;\n (v) any of the above persons upon an appeal in any of the above\nproceedings.\n (b) In addition to the cases listed in paragraph (a) of this\nsubdivision, a judge may assign counsel to represent any adult in a\nproceeding under this act if he determines that such assignment of\ncounsel is mandated by the constitution of this state or of the United\nStates, and includes such determination in the order assigning counsel.\n 2. Any order for the assignment of counsel issued under this section\nshall be implemented as provided in article eighteen-B of the county\nlaw.\n