Section 407. Assignment of counsel for indigent persons 1


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 surrogate shall advise such person before proceeding that
      he has the right to be represented by counsel of his  own  choosing,  of
      his  right  to  have  an  adjournment to confer with counsel, and of his
      right to have counsel assigned by the court in  any  case  where  he  is
      financially unable to obtain the same;
        (i)    the  respondent  in  any proceeding under section three hundred
      eighty-four-b of the social services law;
        (ii) the respondent in any proceeding for the approval of a  surrender
      instrument  under  section  three  hundred  eighty-four  of  the  social
      services law;
        (iii) the parent of a child in any adoption proceeding who opposes the
      adoption of such child;
        (iv) 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;
        (v)  any  of  the  above  persons  upon  an appeal in any of the above
      proceedings.
        (b) In  addition  to  the  cases  listed  in  paragraph  (a)  of  this
      subdivision,  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 this state or of the United
      States, and includes such determination in the order assigning counsel.
        2.  Any order for the assignment of counsel issued under this  section
      shall  be  implemented  as  provided in article eighteen-B of the county
      law.