Section 262. Assignment of counsel for indigent persons


Latest version.
  • (a) Each of the
      persons described below  in  this  subdivision  has  the  right  to  the
      assistance  of  counsel.  When  such  person first appears in court, the
      judge shall advise such person before proceeding that he or she has  the
      right  to  be  represented by counsel of his or her own choosing, of the
      right to have an adjournment to confer with counsel, and of the right to
      have counsel assigned by the court in  any  case  where  he  or  she  is
      financially unable to obtain the same:
        (i)  the  respondent  in  any  proceeding under article ten or article
      ten-A of this act and the petitioner in any proceeding under part  eight
      of article ten of this act;
        (ii) the petitioner and the respondent in any proceeding under article
      eight of this act;
        (iii) the respondent in any proceeding under part three of article six
      of this act;
        (iv)  the  parent,  foster  parent, or other person having physical or
      legal custody of the child in any proceeding under article ten or  ten-A
      of  this  act  or  section  three  hundred  fifty-eight-a, three hundred
      eighty-four or three hundred eighty-four-b of the social  services  law,
      and a non-custodial parent or grandparent served with notice pursuant to
      paragraph  (e) of subdivision two of section three hundred eighty-four-a
      of the social services law;
        (v) the  parent  of  any  child  seeking  custody  or  contesting  the
      substantial  infringement  of his or her right to custody of such child,
      in any proceeding before the court in which the court  has  jurisdiction
      to determine such custody;
        (vi)  any  person in any proceeding before the court in which an order
      or other determination is being sought to hold such person  in  contempt
      of  the  court or in willful violation of a previous order of the court,
      except for a contempt which may  be  punished  summarily  under  section
      seven hundred fifty-five of the judiciary law;
        (vii) the parent of a child in any adoption proceeding who opposes the
      adoption of such child.
        (viii) the respondent in any proceeding under article five of this act
      in relation to the establishment of paternity.
        (b)  Assignment  of  counsel  in other cases. In addition to the cases
      listed in subdivision (a) of this section, a judge may assign counsel to
      represent any adult in a proceeding under this act if he determines that
      such assignment of counsel is mandated by the constitution of the  state
      of  New York or of the United States, and includes such determination in
      the order assigning counsel;
        (c) Implementation. Any order for the  assignment  of  counsel  issued
      under  this  part shall be implemented as provided in article eighteen-B
      of the county law.