|1. Service on the 18B Panel is
a privilege, not a right. Continuing membership in good standing
requires the Panelist's compliance with all Rules and Regulations
herein set forth.
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
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
(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
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
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
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.