Rules and Regulations

2. Professionalism – It is expected that every attorney on the Nassau County 18B Panel will at all times conduct him/herself with the utmost of professionalism. This means that every assigned case should be handled in the same manner as if it were a privately retained case. If it is in the best interest of the client to take a favorable disposition, that should be done. If it is the best interest of the client to proceed to trial, that should be done. Although the 18B rates are lower than private fees, no one is forced to participate. Low rates are therefore no excuse for second rate representation. Anyone who views 18B defendants as second class clients is not welcome on this Panel and is asked to refrain from applying or continuing on the Panel.

3. A District Court Panelist may only handle misdemeanor cases. A County Court Panelist may handle any case, other than a class “A” felony or a class “B” non drug felony. A Major Felony Panelist may handle any case.

4. District Court Panelists will receive “Attorney of the Day” assignments to Arraignment B / 511 Vacate, and to Parts 11 and 12.

5. County Court and Major Felony Panelists will receive "Attorney of the Day” assignments to Part 9.

6. All Panelists are paid at the statutory rate of $60 per hour for in and out-of-court time for misdemeanors, and $75 per hour for in and out-of-court time on all other cases.

7. Section 691.16 of the Appellate Division Rules specifically prohibits Panelists from accepting private retainers from any indigent defendants. The language reads as follows:
(b) No attorney assigned by a court as counsel for an indigent defendant in any criminal case shall, during the pendency thereof, accept a private retainer to represent the defendant in that or any other case.
(c) Violation of this section shall result in the removal of the attorney's name from the panel of attorneys eligible to receive assignment pursuant to article 18-B of the County Law and shall constitute a violation of § 1200.3 (5) of this Title.

8. Panelists should visit incarcerated defendants within 48 hours of assignment. Travel time to and from court is not billable, but travel time to and from the jail is billable.

9. Panelists should communicate with assigned clients by letter or telephone immediately after each court appearance, especially when there was a conference and the incarcerated defendant was not produced.

10. If a client is on parole, the Panelist should notify the defendant's parole officer immediately that an arrest was made. The Panelist may handle the parole violation (if the defendant is violated) only if he/she is on the parole panel.

11. “Attorney of the Day” Assignments are made twice each year. In November, assignments are made for the first 6 months of the upcoming year. In May, assignments are made for the final 6 months of that year. On each occasion, Panelists are asked to request a certain number of “Attorney of the Day” assignment dates. It is expected that each Panelist will comply with this request and take a fair share of assignment dates each year. Panelists who do not respond to two succeeding requests for such dates (i.e. who do not appear as “Attorney of the Day” for a full year) will be removed from the Panel.

12. For specific “Rules and Regulations” regarding Arraignment B, 511 Vacate Part, Part 9 and vouchers, click on those specific topics.

13. Leaves of Absence are permitted for up to six months for personal or medical reasons, with no loss of benefits. After six months, benefits will be discontinued except for Panelists with documented medical justification approved by the Administrator. After twelve (12) months, no Panelist will be considered in “leave” status except for those with documented medical justification approved by the Administrator. Except as so noted, those who do not return to active status after twelve months will be removed from the Panel and must submit a new application to be re-considered for reinstatement.

14. Each year, from September 1st through the following August 31st, every Panelist is required to complete 6 hours of CLE credits relating to criminal law, family law, and/or trial practice. In recognition of this, we offer 6 hours of free CLE programs each year to all Panelists. Unless the program you attend is an 18B sponsored program run by the Nassau Academy of Law, however, we will not know about it. In the event you do attend a non 18B sponsored program, it is your responsibility to notify us. Unlike New York State requirements, 18B credits cannot be carried over from one 12 month period to the next. Anyone who has not obtained 6 such CLE credits between September 1st of one year and August 31st of the following year will be removed from the Panel. Once so removed, no one will be considered for reinstatement until an additional 6 months have elapsed and until such former Panelist presents current evidence of full C.L.E. compliance.

15. Vouchers must be submitted within 45 days of completion of an “attorney of the day” assignment or completion of an assigned case.

16. Panelists must set up a separate file for each case assigned to him/her. This file must be maintained for a period of six (6) years for possible inspection by the Nassau County Comptroller.

17. In addition to all other duties required of 18B counsel, it is imperative that following sentence, the defendant's right to appeal be preserved. In that regard, counsel should familiarize him/herself with Appellate Division Part 671. A copy of Part 671 can be found by clicking on the “Appellate Duties” link.

18. Duration of Representation: Once assigned to a case you remain the attorney of record until specifically relieved by the court. You are obligated to make every court appearance yourself unless you have submitted an affidavit of actual engagement conforming to Court Rules.