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General Qualifications for 18-B
Criminal Panels |
1. The applicant must be a full
time practicing lawyer. Applicants who are regularly employed in
some other occupation are not eligible.
2. Each applicant must maintain a business office
where he/she can receive and interview clients and witnesses.
3. Each applicant must either live or maintain
an office in Nassau County.
4. Applicants to the various panels must have
the indicated number of years of experience in practice at the
Bar. This does not mean admission to the Bar but actual practice.
a. District Court
(Including Glen Cove and Long Beach Court) 1 Year
b. County Court 4 Years
c. Major Felony Panel 5 Years
5. Notwithstanding the foregoing, an applicant
may gain admission to the County Court or Major Felony panel,
with fewer than the stated years of experience, if the Assigned
Counsel Screening Committee, in conjunction with the Assigned
Counsel Administrator, determine that said applicant's prior criminal
experience in a District Attorney's office, Legal Aid Society
or Public Defenders Office warrants such admission.
6. Notwithstanding any other provision of these
general qualifications or of the specific qualifications for the
individual panels, an applicant may gain admission to any panel
if he/she possesses such skills as are necessary to properly fulfill
the requirements of such panel, but such admission shall be granted
only by a majority vote of the Assigned Counsel Screening Committee,
acting in conjunction with the Assigned Counsel Administrator.
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Assigned Counsel Plan Qualifications
for Admission to the 18-b Panel For the District Court (including
Long Beach / Glen Cove) |
The applicant must qualify under one of the four
categories set forth.
Category I
1. Actual court experience in at least five
criminal cases within the past 3 years involving as least:
a) Three negotiated pleas, dismissals or other non-trial disposition.
b) Two litigated motions in which oral testimony was taken and
a decision rendered.
c) One jury trial which proceeded to verdict and one bench trial
or two jury trials.
2. Applicant must submit names of the following
references:
a) Two judges before whom applicant has conducted a litigated
motion or trial.
b) Two trials or hearing adversaries.
c) Two co-counsels whit whom applicant has handled criminal cases,
or attorneys who are familiar whit applicant's work through actual
in-court observation.
Category II
1. Appearance in court as co-counsel within
the last three years with an experienced criminal lawyer on at
least ten criminal cases involving at least:
a) Five negotiated pleas, dismissals or other non-trial dispositions.
b) Two litigated motions in which oral testimony was taken and
a decision rendered.
c) Two jury trials which proceeded to verdict or one bench trail
and one jury trial.
2. Applicant has completed an intensive course
in criminal law and procedure which has been approved by the Assigned
Counsel Administrator.
3. Applicant must submit names of each of the following references:
a) The attorneys with whom the applicant appeared as co-counsel.
b) Two judges before whom applicant appeared as co-counsel.
c) Two attorneys familiar with applicant's ability and knowledge.
Category III
1. Exceptional trial advocate on non-criminal
matters who has had at least five jury trials, in any area of
law, within the past three years.
2. Participate in Mentor Program.
3. Appearance in Criminal Court as co-counsel
with an experienced criminal lawyer, three negotiated pleas, dismissals
or other non trial dispositions, one litigated motion and one
jury trial.
4. Applicant can demonstrate knowledge in criminal
law and procedure by having taken an approved intensive course.
5. Applicant must submit manes of the following
references:
a) Three judges before whom applicant has conducted jury trials.
b) Three trial adversaries.
c) Three attorneys familiar with applicants ability and knowledge.
Category IV
A former judge of the District Court, County Court, Criminal
Court or Supreme Court (Criminal Term) who has recently retired
or voluntarily resigned from the bench. |
Qualifications for Admission to 18-b
Panel Of the County Court |
The applicant must qualify under one of the two categories
set forth.
Category I
1. Actual court experience in at least 15 (fifteen)
criminal cases within five years, involving at least:
a) Ten negotiated pleas, dismissals or other non-trial dispositions,
at least five of which occurred post-indictment:
b) Three litigated motions, post-indictment in which oral testimony
was taken and a disposition rendered;
c) three post-indictment jury trials which proceeded to verdict
or appearance as co-counsel on one post-indictment jury trial
which proceeded to verdict and two appearances as sole counsel
on post-indictment jury trial; or the trial of eight (8) misdemeanor
cases that proceeded to verdict, at least six (6) of which were
jury trials.
2. Applicant must submit names of each of the
following references:
a) Each judge before whom applicant appeared as either trial counsel
or co-counsel in post-indictment jury trial (up to three).
b) Each judge before whom applicant has litigated a motion. (Up
to three)
c) Three trial or hearing adversaries.
d) three co-counsels with whom applicant has handled criminal
cases or attorneys who are familiar with applicant's work through
actual in-court observation.
Category II
A former judge of the District Court, County Court or Supreme
Court (Criminal Term) who has recently retired or voluntarily
resigned from the bench who receives favorable recommendations
from at least 3 attorneys who have practiced before this person
within the last three years. |
Qualifications for Admission to 18-b
Panel - Major Felonies |
Category I 1.Actual
court experience in at least thirty criminal cases including at
least:
a) Twenty negotiated pleas, dismissals or other non-trial dispositions
of felony cases,
at least 10 of which occurred post-indictment.
b) Ten litigated motions, post-indictment at which oral testimony
was taken.
c) Five felony trials which proceeded to verdict, at least two of
which were a "C" felony or higher.
d) Cross examination during trial of at least four of the following
expert witnesses:
-police officers
-undercover agents
-medical experts
-ballistics expert
-laboratory technicians
-psychiatrist or psychologists
-fingerprint experts
2. Applicant must submit names of each of the
following references:
a) Five judges before whom applicant has conducted a litigated
motion, hearing or trial;
b) Five trial adversaries;
c) Five co-counsels with whom applicant has handled criminal cases
or attorneys who are familiar with applicant's work through actual
in-court observation.
Category II
A former judge of the County Court or Supreme Court (Criminal
Term) who has
recently retired or voluntarily resigned from the bench who received
favorable recommendations from at least 5 attorneys who have practiced
before this person within the last three years. |
Appellate Panel |
Applicants for the certification to the appellate
panel must have recent criminal law experience on either the trial
or appellate level, be up-to-date on their knowledge of the criminal
law and its ever changing constitutional requirements and be able
to perceive all
relevant issues through the mere reading of a trial transcript.
In addition, applicants must have knowledge and awareness of the
legal issues that arise in criminal practice and be able to skillfully
enunciate the issues in a brief and support the points of law with
thorough research, properly cited. Applicants must submit a sample
of their writing, such as a brief, a memorandum of law, law review
articles or other similar publication.
An attorney with a good academic background, criminal law experience,
the requisite writing and verbal skills, motivations and attitude
should be able to skillfully handle appellate work. Therefore,
the following minimum requirements must be met:
1. Actual experience in at least ten criminal
cases, on either the trial or appellate level, during the past
three years;
2. A writing sample consisting of a brief, law
review article or similar publication (two documents).
3. Applicant must submit manes of each of the
following references to the committee:
a) Three judges before whom applicant has handled criminal matters,
on either the trial or appellate level;
b) Three trial or appellate adversaries;
c) Three co-counsels with whom applicant has handled criminal
cases, or attorneys familiar with applicant's work through actual
in-court observations. (No cross-references permitted)
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Parole Panel |
Any member of the County Court Panel or Major Felony Panel, or any member
of the District Court Panel who has demonstrated, to the satisfaction of the Administrator,
a comprehensive knowledge of the law relating to felony sentencing, and who was in attendance
at the Nassau Academy of Law's Parole Revocation Program on May 10, 2004, or who presents evidence
of having seen the recording of that program, is eligible for participation in the Parole Panel. |
Family Court Requirements: |
Each applicant to join the Family Court Panel must
be on the Second Department 's Law Guardian Panel.
Each applicant must have participated on at least two occasions
in each of the following proceedings, either as law guardian or
as a representative of the petitioner or respondent.
1. Permanent Neglect Proceeding
2. Neglect
3. Termination of Parental Rights
4. Custody/Visitation
5. Support Proceeding
6. Litigated Paternity
7. Family Offense
8. Contested Adoption
These Proceedings need not have occurred in Nassau County alone.
Each applicant must supply the Administrator with the following
information as to each of the listed proceedings: Name, address
and telephone number of each participating attorney; name of the
Judge; type of proceeding; applicant's role in proceeding. |
General Qualifications for 18b Family/surrogate's
Court Panels |
1. The applicant must be a full
time practicing lawyer. Applicants who are regularly employed in
some other occupation are not eligible.
2. Each applicant must maintain a business office
where he/she can receive and interview clients and witnesses.
3. Each applicant must either live or maintain
an office in Nassau County.
4. Applicants to the Family Court panel must
be members of the Law Guardian Panel for at least one year before
becoming eligible to join the 18B panel.
5. Applicants to the Surrogate's Court panel
must be in practice for at least 18 months handling custody/adoption
matters before eligible to join the 18B panel.
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Family Court
Our Family Court Panelists deal with neglect proceedings,
custody and visitation rights, support proceedings, contested adoptions,
litigated paternity, and termination of parental rights.
Commitments
We are looking for attorneys who have a serious commitment
to the defense of the indigent. If that is you, and if you fulfill our
other qualifications, we want you.
Nassau Panel
You must live or work in Nassau County to be on our panel.
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