DATE, TIME, AND LOCATION OF HEARINGS
FRIDAY, MAY 31, 2019, 1:00–4:00 P.M.
Appellate Division, First Department
27 Madison Avenue, New York, NY 10010
WEDNESDAY, JUNE 19, 2019, 1:00–4:00 P.M.
Appellate Division, Third Department
Robert Abrams Building for Law and Justice
State Street, Room 511, Albany, NY 12223
WEDNESDAY, JULY 17, 2019, 1:00–4:00 P.M.
Appellate Division, Second Department
45 Monroe Place, Brooklyn, NY 11201
WEDNESDAY, AUGUST 14, 2019, 1:00–4:00 P.M.
Appellate Division, Fourth Department
50 East Avenue, Rochester, NY 14604
NEW YORK STATE OFFICE OF INDIGENT LEGAL SERVICES
Public Hearings on Financial Eligibility for Assignment of Counsel in Family Matters
NOTICE OF PUBLIC HEARING
NOTICE: Executive Law § 832(3)(c) requires the NYS Office of Indigent Legal Services (“ILS”) to issue
criteria and procedures for determining whether a person is financially unable to hire a lawyer and
therefore eligible for publicly-funded legal representation (“assigned counsel”) in certain family law
matters as set forth in Family Court Act § 262 and Surrogate’s Court Procedures Act § 407.
ILS will conduct four (4) public hearings to solicit the views and experiences of institutional and individual
providers of assigned counsel representation, current and former clients of assigned counsel providers,
county officials, judges, and others interested in assisting ILS in fulfilling this statutory obligation.
Testimony (written and/or oral) is requested
regarding current and/or recommended
guidelines, policies, and practices relating
to the following topics:
■ The criteria for deciding whether an individual is el-
igible for assignment of counsel, such as: the actual
cost of hiring private counsel; type and complexity of
the case; income needed to meet basic life necessities
of the applicant and any dependents; ownership of a
vehicle necessary for basic life activities; home own-
ership, and ownership of other property and non-liq-
uid assets, including the current valuation there-
of; income and assets of family or other household
members; income from child support or need-based
public assistance; debts and financial obligations; em-
ployment status; applicant’s housing status, includ-
ing a person’s residency in a correctional or mental
health facility; the use of presumptions of eligibility,
including a rebuttable presumption of eligibility for
parents in child welfare (Family Court Act Article 10)
cases; the use of fixed income guidelines (“poverty
guidelines”); and any other criteria or factors that
may be considered.
■ The process of applying for assigned counsel, includ-
ing the use of technology for prequalification and
processing of financial eligibility applications.
■ The process for reviewing, appealing and/or recon-
sidering eligibility decisions.
■ Methods for public dissemination of information
about the criteria and procedures for determining fi-
nancial eligibility for assigned counsel.
■ Confidentiality of information submitted by an appli-
cant for assigned counsel.
■ Any other topic pertinent to the implementation of
equitable, efficient, and fair criteria and procedures
for determining financial eligibility for assigned
counsel.
SUBMISSIONS AND TESTIMONY: Persons interested in
presenting oral testimony or making a written submis-
sion, or both, are asked to follow the procedures and
timelines described below.
WRITTEN SUBMISSIONS: Any person wishing to submit
written testimony only must do so by 5:00 p.m., Friday,
July 19, 2019, at the contact information below.
ORAL TESTIMONY: If you are interested in testifying at
a hearing, please send your request by mail to ILS at the
address below, or by email to publichearings@ils.ny.gov.
Your request must be received no later than fourteen (14)
days before the hearing at which you propose to testify.
Oral testimony will be limited to 10-15 minutes. Due to
time constraints, we cannot guarantee that you will be
selected to present oral testimony.
When requesting an invitation to provide oral testimony,
please provide the following information:
1. Name and organizational affiliation;
2. A prepared statement or brief description of the topic(s)
that you intend to address at the Public Hearing; and
3. The Public Hearing (details below) at which you wish
to testify.
If requesting to give oral testimony, please indicate any
accommodations (e.g., Americans with Disabilities Act,
language access services, etc.) necessary to facilitate your
participation.
Selected individuals will be notified of the proposed date
and time of their testimony.
NAME, ADDRESS AND AGENCY CONTACT: Please send
written submissions and requests to testify as follows:
E-mail: publichearings@ils.ny.gov, or
Regular Mail: Tammeka Freeman
ATTN: Eligibility Public Hearings
NYS Office of Indigent Legal Services
80 S. Swan Street, Room 1147
Albany, New York 12210