Section 47.01. Mental hygiene legal service  


Latest version.
  • (a) There shall be a mental hygiene legal service of the state in each
      judicial  department.  The  service  shall  provide  legal assistance to
      patients or residents of a facility as defined in section 1.03  of  this
      chapter,  or  any  other  place or facility which is required to have an
      operating certificate pursuant to article sixteen or thirty-one of  this
      chapter,  and  to persons alleged to be in need of care and treatment in
      such facilities or  places,  and  to  persons  entitled  to  such  legal
      assistance  as provided by article ten of this chapter. The head of such
      service in each judicial department and such assistants and  such  staff
      as  may  be  necessary  shall  be  appointed  and  may be removed by the
      presiding justice of the appellate division of the judicial  department.
      Appointments  and  transfers  to  the  service  shall  comply  with  the
      provisions of the civil service law. Standards for qualifications of the
      personnel in the service shall be established by the  presiding  justice
      of  the  appellate  division  of  the judicial department. The presiding
      justice of the appellate  division  of  the  judicial  department  shall
      promulgate  such  rules or regulations as may be necessary to effectuate
      the purposes of this article.
        (b) No court, judge  or  justice  exercising  responsibility  for  the
      administration of the courts pursuant to section twenty-eight of article
      six of the constitution shall be disqualified in any judicial proceeding
      brought  pursuant  to  this  article  solely  by reason of the fact that
      administrative responsibilities with respect to the service are  imposed
      herein.