When does the court provide an attorney for a litigant or a party?
I need an attorney and cannot afford one.
Answer
The statutes below need to be reviewed against Civil Practice Law and Rules, Art 11 Poor Persons. New York City's free legal services for tenants facing eviction are in the links below.
- County Law, Art 18-B Representation of Persons Accused of Crime or Parties Before the Family Court or Surrogate’s Court
- Domestic Relations Law, Art 13 Provisions Applicable to More than One Type of Matrimonial Actions
- Domestic Relations Law § 237 Counsel fees and expenses
- Family Court Act, Art 2, Pt 4 Attorneys for Children
- Family Court Art, Art 2, Pt 6 Counsel for Indigent Adults in Family Court Proceedings
- Family Court Act § 262 Assignment of counsel for indigent persons
- Judiciary Law, Art 2 General Provisions Relating to Courts and Judges
- Judiciary Law § 35 Assignment of counsel to indigent persons and appointment of physicians in certain proceedings
- Judiciary law, Art 19 Contempts
- Judiciary Law § 770 Final order directing punishment; exception
- Mental Hygiene Law, Art 81 Proceedings for Appointment of a Guardian for Personal Needs or Property Management
- Mental Hygiene Law § 81.10 Counsel
- Social Services Law, Art 6 Children, Title 1 Care and Protection of Children
- Social Services Law § 384-b Guardianship and custody of destitute or dependent children; commitment by court order; modification of commitment and restoration of parental rights
- Surrogate’s Court Procedures Art, Art 4 Appearance; Protection of Persons Under Disability; Counsel for Indigent Adults in Surrogate’s Court Proceedings
- SCPA 407 Assignment of counsel for indigent persons
See the selective list below found through Westlaw's keyciting of Family Court Act § 262 and County Law, Art 18-B Representation of Persons Accused of Crime or Parties Before the Family Court or Surrogate’s Court:
- 21A Carmody-Wait 2d § 127:46 Judicial policy of reluctance to assign uncompensated counsel; factors considered
- 21A Carmody-Wait 2d § 127:48 Representation by legal aid societies
- § 2:19. The assigned counsel system: 18-B, Handling a Criminal Case in New York § 2:19 (See all of Chapter 2, Role of Defense Counsel)
- § 43:2. Right to counsel in matrimonial action, 4 Law and the Family New York § 43:2 (2021-2022 ed.)
- New York Practice, New York Family Court Practice, discussed throughout text