NEW YORK STATE SUPREME COURTAPPELLATE DIVISION, FOURTH DEPARTMENT

HONORABLE HENRY J. SCUDDERPRESIDING JUSTICE

LAW GUARDIAN PROGRAMADMINISTRATIVE HANDBOOK

FOR ATTORNEYS FOR CHILDREN

Tracy M. Hamilton, DirectorLaw Guardian Program

New York State Supreme CourtAppellate Division, Fourth Department

Revised: March 2008

TABLE OF CONTENTS

Introduction.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

General Policy Considerations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Administrative Offices.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Statutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

A. Family Court Act sections 241, 242, 243, 245, 249 and 249-a.. . . 8B. Judiciary Law section 35(3), (7). . . . . . . . . . . . . . . . . . . . . . . . . . 11C. County Law section 722-c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Regulations (22 NYCRR Part 1032). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Law Guardian Advisory Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Liaison Representatives.................................................................................................21

Compensation and Reimbursement Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

1. Payment Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242. Preparation of Vouchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

a. Creating a New Voucher. . . . . . . . . . . . . . . . . . . . . . . . 27b. Saving, Printing, and Submitting . . . . . . . . . . . . . . . . . . 32c. Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

3. Expert Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344. Obtaining Transcripts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Education and Training.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Mandatory Continuing Legal Education Program For Attorneys in the State of New York(22 NYCRR part 1500)- website address ......................................................................38Attachments

Model Extraordinary Circumstances Affidavit............................................ 40Model Order to Hire Expert........................................................................ 42Voucher for Assigned Counsel, Psychiatrist or Physician (JC2020).......... 45Minute Order Form .................................................................................... 46Standard Voucher Form............................................................................. 47

1TO: Attorneys for ChildrenFourth Judicial Department

FROM: Tracy M. HamiltonLaw Guardian Program Director

RE: Administrative Handbook

On behalf of Hon. Henry J. Scudder, Presiding Justice of the Appellate Division, FourthDepartment, and the members of the Court, I thank you for your participation in the LawGuardian Program.

The purposes of the Law Guardian Program are to ensure the highest quality ofrepresentation of children and to administer the Program in a manner sensitive to localneeds. To accomplish these purposes we conduct training seminars designed to buildand sharpen your skills as an attorney for children and provide support through ourwebsite at www.courts.state.ny.us/ad4 (click on law guardian link), resource directories,brochures, newsletters, case digests, etc. Further, we ensure that you are reimbursedfor your services and the reasonable expenses associated with the representation ofyour clients. Additionally, the Law Guardian Programs of the four Appellate Divisionscollaborate in publishing the Law Guardian Reporter, a quarterly newsletter with timelyarticles and digests of recent case law and legislative developments. Finally, we alwaysare available to answer questions and assist you in your work as an attorney forchildren.

The Law Guardian Program continues to seek new ways to help you serve your clients. Your suggestions are welcomed. If I can assist you in any aspect of your service as anattorney for children, please do not hesitate to contact me.

We wish you the greatest success in your work as an attorney for children and in everyother aspect of your legal career.

2GENERAL POLICY CONSIDERATIONS

Role of the Attorney for the Child

Historically, the definition of the role of the attorney for the child has engendereda great deal of confusion. Many attorneys, and indeed many Judges, have viewed therole of the attorney for the child to be in the nature of a guardian ad litem. It is clear,however, that the role of the attorney for the child is very different from that of aguardian ad litem. A guardian ad litem, who need not be an attorney, is appointed asan arm of the Court to protect the best interests of a person under a legal disability. Incontrast, the role of the attorney for the child is to serve as a child's lawyer. Theattorney for the child has the responsibility to represent and advocate the child's wishesand interests in the proceeding or action.

With regard to the role of the attorney for the child please carefully review theRule of the Chief Judge 7.2 and the Summary of Responsibilities of the Attorney forthe Child that follows on page 4 and 5.

Protocols

In view of the age of your clients and the sensitive nature of the cases in whichyou are appointed, you are presented with unique challenges. As an attorney forchildren, however, you always should act in a manner consistent with proper legalpractice and should not assume the role of social worker, psychologist or advocate forone of the parties. Although it may be tempting to step outside the role of counsel forthe child, particularly when the circumstances of the case are especially tragic, the rulesof good lawyering are as applicable to you as to any attorney in a civil proceeding oraction.

Examples of improper practices include:

! engaging in ex parte communications with the Judge without theexpress approval of all parties

! communicating with the parties in the absence of their counsel

! requesting confidential documents without the proper authorizationof a party

! disclosing client confidences without the approval of the client. Theattorney for the child should avoid attributing to the child anystatements or recommendations regarding the ultimate dispositionof the case, unless the child has specifically authorized the lawguardian to do so and understands the possible implications

3! the attorney for the child should not be a witness at any time duringthe proceeding or action in any subsequent proceeding by thesame parties

Because trial courts vary with regard to their expectations of the attorney for thechild, you should define your role and ensure that your role is understood by yourclient(s), the parties and their attorneys, as well as the Judge. We recognize that sometrial courts are not fully aware of the proper role of the attorney for the child and, insome instances, may expect the attorney for the child to assume an improper role. Presiding Justice Scudder, the Fourth Department Law Guardian Advisory Committee,and the Law Guardian Program Office work to educate the bench about the proper roleof the attorney for the child.

4Section 7.2 of the Rules of the Chief Judge

Section 7.2 Function of the attorney for the child.

(a) As used in this part, "attorney for the child" means a law guardian appointed byfamily court pursuant to section 249 of the Family Court Act, or by the supreme court ora surrogate's court in a proceeding over which the family court might have exercisedjurisdiction had such action or proceeding been commenced in family court or referredthereto.

(b) The attorney for the child is subject to the ethical requirements applicable to alllawyers, including but not limited to constraints on: ex-parte communication; disclosureof client confidences and attorney work product; conflicts of interest; and becoming awitness in the litigation.

(c) In juvenile delinquency and person in need of supervision proceedings, where thechild is the respondent, the attorney for the child must zealously defend the child.

(d) In other types of proceedings, where the child is the subject, the attorney for thechild must zealously advocate the childs position.

(1) In ascertaining the child's position, the attorney for the child must consultwith and advise the child to the extent and in a manner consistent with the childscapacities, and have a thorough knowledge of the child's circumstances.

(2) If the child is capable of knowing, voluntary and considered judgment, theattorney for the child should be directed by the wishes of the child, even if theattorney for the child believes that what the child wants is not in the childs bestinterests. The attorney should explain fully the options available to the child, andmay recommend to the child a course of action that in the attorney's view wouldbest promote the child's interests.

(3) When the attorney for the child is convinced either that the child lacks thecapacity for knowing, voluntary and considered judgment, or that following thechilds wishes is likely to result in a substantial risk of imminent, serious harm tothe child, the attorney for the child would be justified in advocating a position thatis contrary to the childs wishes. In these circumstances, the attorney for thechild must inform the court of the childs articulated wishes if the child wants theattorney to do so, notwithstanding the attorney's position.

(effective October 17, 2007)

5Summary of Responsibilities of the Attorney for the Child

While the activities of the attorney for the child will vary with the circumstances ofeach client and proceeding, in general those activities will include, but not be limited to,the following:

(1) Commence representation of the child promptly upon being notified of theappointment;

(2) Contact, interview and provide initial services to the child at the earliestpractical opportunity, and prior to the first court appearance when feasible;

(3) Consult with and advise the child regularly concerning the course of theproceeding, maintain contact with the child so as to be aware of and respond tothe child's concerns and significant changes in the childs circumstances, andremain accessible to the child;

(4) Conduct a full factual investigation and become familiar with all informationand documents relevant to representation of the child. To that end, the lawyer forthe child shall retain and consult with all experts necessary to assist in therepresentation of the child.

(5) Evaluate the legal remedies and services available to the child and pursueappropriate strategies for achieving case objectives;(6) Appear at and participate actively in proceedings pertaining to the child;(7) Remain accessible to the child and other appropriate individuals andagencies to monitor implementation of the dispositional and permanency orders,and seek intervention of the court to assure compliance with those orders orotherwise protect the interests of the child, while those orders are in effect; and

(8) Evaluate and pursue appellate remedies available to the child, including theexpedited relief provided by statute, and participate actively in any appellatelitigation pertaining to the child that is initiated by another party, unless theAppellate Division grants the application of the attorney for the child forappointment of a different attorney to represent the child on appeal.

[Approved by the Statewide Law Guardian Advisory Committee 4-20-2007]

6LAW GUARDIAN PROGRAMAPPELLATE DIVISION, FOURTH DEPARTMENT

ADMINISTRATIVE OFFICESMailing AddressLaw Guardian ProgramNew York State Supreme CourtAppellate Division, Fourth Department50 East Avenue, Suite 304Rochester, New York 14604

Deliveries (UPS, Federal Express, etc.)New York State Supreme CourtAppellate Division, Fourth Department50 East AvenueRochester, New York 14604

TelephonesMain Office 585-530-3170

Tracy M. Hamilton 585-530-3176DirectorE-Mail Address thamilto@courts.state.ny.us

Christine A. Constantine 585-530-3178Assistant DirectorE-Mail Address cconstan@courts.state.ny.us

Carol J. Howell 585-530-3172Court Analyst

Jennifer Nealon 585-530-3177Court Analyst

Lisa Merritt 585-530-3171Assistant Court Analyst

Joan Bell 585-530-3179Junior Court Analyst

Sara Andrews 585-530-3173Junior Court AnalystE-Mail Address sbandrew@courts.state.ny.us

Fax 585-530-3175

Appellate Division 585-530-3100Clerk's Office

7STATUTORY PROVISIONS

RELATING TO

LAW GUARDIAN REPRESENTATION

Family Court Act sections 241, 242, 245, 249, and 249-a, inter alia, set forth thefindings and purpose underlying the legislation authorizing law guardian (attorney forthe child) appointments, the definition of law guardian, and cases where theappointment of a law guardian (an attorney for the child) is mandatory or discretionary.Judiciary Law 35(3),(7), inter alia, sets forth the compensation rate and limits where alaw guardian (attorney for the child) is appointed in Family Court, Supreme Court orSurrogates Court.

Under County Law 722-c the court may authorize an attorney to obtain expertservices.

8FAMILY COURT ACT

Article 2, Part 4

LAW GUARDIANS

241. Findings and purpose.

This act declares that minors who are the subject of family court proceedings orappeals in proceedings originating in the family court should be represented by counselof their own choosing or by law guardians. This declaration is based on a finding thatcounsel is often indispensable [sic] to a practical realization of due process of law andmay be helpful in making reasoned determinations of fact and proper orders ofdisposition. This part establishes a system of law guardians for minors who oftenrequire the assistance of counsel to help protect their interests and to help themexpress their wishes to the court. Nothing in this act is intended to preclude any otherinterested person from appearing by counsel.

242. Law guardian.

As used in this act, "law guardian" refers to an attorney admitted to practice law in thestate of New York and designated under this part to represent minors pursuant tosection two hundred and forty-nine of this act.

243. Designation.

(a) The office of court administration may enter into an agreement with a legalaid (sic)society for the society to provide law guardians for the family court or appeals inproceedings originating in the family court in a county having a legal aid society.

(b) The appellate division of the supreme court of the judicial department in which acounty is located may, upon determining that a county panel designated pursuant tosubdivision (c) of this section is not sufficient to afford appropriate law guardianservices, enter into an agreement, subject to regulations as may be promulgated by theadministrative board of the courts, with any qualified attorney or attorneys to serve aslaw guardian or as law guardians for the family court or appeals in proceedingsoriginating in the family court in that county.

(c) The appellate division of the supreme court for the judicial department in which acounty is located may designate a panel of law guardians for the family court andappeals in proceedings originating in the family court in that county, subject to theapproval of the administrative board of the courts. For this purpose, it may invite a barassociation to recommend qualified persons for consideration by the said appellatedivision making its designation, subject to standards as may be promulgated by suchadministrative board.245. Compensation.

9(a) If the office of court administration proceeds pursuant to subdivision (a) of sectiontwo hundred forty-three of this chapter, the agreement shall provide that the societyshall be reimbursed on a cost basis for services rendered under the agreement. Theagreement shall contain a general plan for the organization and operation of theproviding of law guardians by the respective legal aid society, approved by the saidadministrative board, and the office of court administration may require such reports asit deems necessary from the society.

(b) If an appellate division proceeds pursuant to subdivision (b) of such section twohundred forty-three, the agreement may provide that the attorney or attorneys shall bereimbursed on a cost basis for services rendered under the agreement. The agreementshall contain a general plan for the organization and operation of the providing of lawguardians by the respective attorney or attorneys, and the appellate division mayrequire such reports as it deems necessary from the attorney or attorneys.

(c) If an appellate division proceeds pursuant to subdivision (c) of such section twohundred forty-three, law guardians shall be compensated and allowed expenses anddisbursements in the same amounts established by subdivision three of section thirty-five of the judiciary law.249. Appointment of law guardian

(a) In a proceeding under article seven, three or ten or where a revocation of anadoption consent is opposed under section one hundred fifteen-b of the domesticrelations law or in any proceeding under section three hundred eighty-four-b of thesocial services law, or under section three hundred ninety-two of such law in the case ofa child freed for adoption for a period of six months and not placed in a prospectiveadoptive home or in the case of a child freed for adoption and placed in a prospectiveadoptive home and no petition for adoption has been filed twelve months afterplacement, or when a minor is sought to be placed in protective custody under sectionone hundred fifty-eight, the family court shall appoint a law guardian to represent aminor who is the subject of the proceeding or who is sought to be placed in protectivecustody, if independent legal representation is not available to such minor. In anyproceeding to extend or continue the placement of a juvenile delinquent or person inneed of supervision pursuant to section seven hundred fifty-six or 353.3 or anyproceeding to extend or continue a commitment to the custody of the commissioner ofmental health or the commissioner of mental retardation pursuant to section 322.2, thecourt shall not permit the respondent to waive his right to be represented by counselchosen by him or his parent or other person legally responsible for his care, or by a lawguardian. In any other proceeding in which the court has jurisdiction, the court mayappoint a law guardian to represent the child, when, in the opinion of the family courtjudge, such representation will serve the purposes of this act, if independent legalcounsel is not available to the child. The family court on its own motion may make suchappointment.

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(b) Notwithstanding any other provision of law, a proceeding under article threefollowing an order of removal made pursuant to article seven hundred twenty-five of thecriminal procedure law, the court shall, wherever practicable, appoint the counselrepresenting the juvenile offender in the criminal proceedings as law guardian.249-a. Waiver of counsel.

A minor who is a subject of a juvenile delinquency or person in need of supervisionproceeding shall be presumed to lack the requisite knowledge and maturity to waive theappointment of a law guardian. This presumption may be rebutted only after a lawguardian has been appointed and the court determines after a hearing at which the lawguardian appears and participates and upon clear and convincing evidence that (a) theminor understands the nature of the charges, the possible dispositional alternatives andthe possible defenses to the charges, (b) the minor possesses the maturity, knowledgeand intelligence necessary to conduct his own defense, and (c) waiver is in the bestinterest of the minor.

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JUDICIARY LAW

35. Assignment of counsel to indigent persons and appointment of physicians incertain proceedings

* * *

3. No counsel assigned pursuant to this section shall seek or accept any fee forrepresenting the person for whom he is assigned without approval of the court as hereinprovided. Whenever it appears that such person is financially able to obtain counsel ormake partial payment for the representation, counsel may report this fact to the courtand the court may terminate the assignment or authorize payment, as the interests ofjustice may dictate, to such counsel. Counsel assigned hereunder shall at theconclusion of the representation receive compensation at a rate of seventy-five dollarsper hour for time expended in-court, and seventy-five dollars per hour for timereasonably expended our-of-court, and shall receive reimbursement for expensesreasonably incurred. For representation upon a hearing, compensation andreimbursement shall be fixed by the court wherein the hearing was held and suchcompensation shall not exceed four thousand four hundred dollars. For representationin an appellate court, compensation and reimbursement shall be fixed by such courtand such compensation shall not exceed four thousand four hundred dollars. Inextraordinary circumstances the court may provide for compensation in excess of theforegoing limits.

* * *

7. Whenever the supreme court or a surrogate's court shall appoint counsel in aproceeding over which the family court might have exercised jurisdiction had suchaction or proceeding been commenced in family court or referred thereto pursuant tolaw, and under circumstances whereby, if such proceeding were pending in familycourt, such court would be authorized by section two hundred forty-nine of the familycourt act to appoint a law guardian, such counsel shall be compensated in accordancewith the provisions of this section.

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COUNTY LAW

722-c. Services Other Than CounselUpon a finding in an ex parte proceeding that investigative, expert or other services arenecessary and that the defendant or other person described in 249 or 262 of theFamily Court Act or 407 of the Surrogate's Court Procedure Act, is financially unableto obtain them, the court shall authorize counsel, whether or not assigned inaccordance with a plan, to obtain the services on behalf of the defendant or such otherperson. The court upon a finding that timely procurement of necessary services couldnot await prior authorization may authorize the service nunc pro tunc. The court shalldetermine reasonable compensation for the services and direct payment to the personwho rendered them or to the person entitled to reimbursement. Only in extraordinarycircumstances may the court provide for compensation in excess of one thousanddollars per investigative, expert or other service provided.

Each claim for compensation shall be supported by a sworn statement specifying thetime expended, services rendered, expenses incurred and reimbursement orcompensation applied for or received in the same case from any other source.

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RULES OF THE APPELLATE DIVISION, FOURTH DEPARTMENT

PART 1032

OPERATION OF LAW GUARDIAN PROGRAM

1032.1 Law guardian office; law guardian director

(a) A law guardian office for the Fourth Judicial Department is established to ensure theprovision of the highest quality of representation for children and to administer the law guardianprogram in a manner sensitive to local needs.

(b) The function of the law guardian office shall be to provide continuing administrative directionto the law guardian program in the Fourth Judicial Department and to secure the cooperation of localbar associations, law schools and governmental agencies in order to achieve the goal specified insubdivision (a) of this section.

(c) The law guardian office shall be administered by a law guardian director who shall beappointed by the Appellate Division and supervised by the presiding justice. The duties of the lawguardian director shall include but not be limited to the following:

(1) to administer the law guardian program office in accordance with the law and theserules;

(2) with the approval of the presiding justice and in consultation with the departmentaladvisory committee, to implement standards, guidelines and procedures for the improvement of thelaw guardian program in the Fourth Judicial Department;

(3) in conjunction with local family courts, local bar associations, law schools orany other competent organization and in consultation with the departmental advisorycommittee, to provide a continuing program of law guardian training and education that willallow applicant attorneys to satisfy requirements for designation to the panel, and to improveand maintain the professional competence of attorneys serving as law guardians;

(4) to consult with the law guardian directors in the First, Second and ThirdJudicial Departments and with the Office of Court Administration to coordinate the operation ofthe programs in each department; and

(5) to prepare the annual report on the operation of the law guardian program inthe Fourth Department.

1032.2 Departmental advisory committee

(a) The presiding justice shall appoint a chairperson and the members of thedepartmental advisory committee, which shall consist of at least one Supreme Court judge,one Family Court judge, one law guardian engaged in private practice, one representative of afamily and child care agency, one law school professor, one county attorney, one person who

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is not an attorney and who is not an employee of any branch of government, a member of thestaff of the Appellate Division who shall be a nonvoting member and such other members asthe presiding justice deems necessary to enable the committee to perform the functionsspecified in this section. The term of appointment shall be staggered and for a period of twoyears subject to reappointment by the presiding justice.

(b) The departmental advisory committee may make recommendations to the presidingjustice and the law guardian director with respect to:

(1) training of law guardians;(2) the promulgation of rules, standards and administrative procedures foreffective law guardian representation in the department;(3) procedures necessary to insure that panel members are designated andassigned in a fair and impartial manner, having regard to the nature anddifficulty of each case and the special qualifications of panel members; and(4) procedures necessary to improve the operation thereof throughout thedepartment.

1032.3 Members of departmental advisory committee are volunteers.

Each member of the departmental advisory committee is a volunteer expresslyauthorized to participate in a State-sponsored volunteer program as provided in section 17(1)of the Public Officers Law.

1032.4 Law guardian panel

(a) Initial designation to law guardian panel.(1) Eligibility. An attorney is eligible for designation as a member of the law guardian

panel of a county of this department when the attorney:

(i) is a member in good standing of the Bar of the State of New York and inany other jurisdiction in which the attorney is admitted to the practice oflaw;

(ii) has attended 12 hours of law guardian introductory training conducted bythe law guardian program; and

(iii) has obtained experience in law guardian representation by appearingeither as attorney of record, associate counsel or co-counsel for a party ina minimum of three proceedings under article 3, article 6, article 7, orarticle 10 of the Family Court Act; or has been found by a Family Courtjudge to be well qualified by reason of education, training or substantialtrial experience

(2) Application. An attorney may, at any time, apply for membership on a county lawguardian panel in this department. Such application shall be in the form prescribed by theAppellate Division and shall be submitted for consideration to the supervising judge of Family

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Court in those counties where the supervising judge sits and in other counties to the seniorFamily Court judge.

(3) Action by the Family Court judge. The supervising or senior Family Court judgeshall review the application and take one of the following actions:

(i) When the judge determines that the attorney has met the eligibilityrequirements of paragraph (1) of this subdivision and is otherwisequalified to provide appropriate representation for children, the judge shallapprove the application and forward it for consideration by the AppellateDivision. If the judge finds the attorney to be well qualified undersubparagraph (1) (iii) of this subdivision, the judge shall submit the basisof the finding in writing to the Appellate Division. (ii) When the judge determines for good cause that an attorney should notbe designated as a law guardian panel member, the judge shall deny theapplication and state the reason for the denial in writing. The attorneymay request reconsideration of such denial by the Appellate Division.

(4) Waiver of eligibility requirements. The Appellate Division may waive the eligibilityrequirements set forth in subparagraphs (1) (ii) and (iii) of this subdivision when an attorneyrequests such waiver in writing, endorsed by the supervising or senior Family Court judge; and

(i) the attorney has sufficient relevant experience in the practice of law todemonstrate clearly the ability to represent children effectively; provided,however, that an attorney added to a law guardian panel based upon awaiver granted pursuant to this paragraph must attend 12 hours ofintroductory training conducted by the law guardian program within oneyear of designation.

(5) Action by the Appellate Division. Upon receipt of the application and therecommendation of the supervising or senior Family Court judge that an attorney be placed onthe law guardian panel, the Appellate Division shall:

(i) designate the attorney to a county panel; or(ii) request further information from the applicant, which may include an

interview; or(iii) decline to designate the attorney to a county panel. If not designated to a

county panel, the attorney shall be informed of the basis of the decisionand may request reconsideration.

(b) Re-designation of panels. (1) The Appellate Division shall, on or before April 1 of each year, designate an annual

law guardian panel for each county in the department from lists of attorneys who have beenfound competent by the supervising judge of Family Court in those counties where thesupervising Family Court judge sits and in other counties by the senior Family Court judge

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upon consideration of the following factors:

(i) legal knowledge;(ii) rapport with clients;(iii) vigorous advocacy;(iv) case preparation; and(v) courtroom demeanor.

(2) To be eligible for re-designation to a panel a law guardian shall:(i) have completed within the preceding two years at least one training

program conducted by the law guardian program. If prior approval isobtained from the Appellate Division, attendance at an appropriateeducational and training program sponsored or cosponsored by anotherNew York State Judicial Department, bar association, law school or legalaid society, may be substituted for training conducted by the law guardianprogram; and

(ii) have been found competent by the supervising or senior Family Courtjudge of the county upon consideration of the factors of law guardiancompetency set forth in subparagraph (1) (i) - (v) of this subdivision.

1032.5 Assignment of law guardians

(a) Any attorney designated to a law guardian panel in the Fourth Department may beassigned as a law guardian in any adjoining county in the Fourth Department and in any othercounty not adjoining may be assigned upon prior approval of the Appellate Division.

(b) No law guardian shall be assigned to represent a minor when such assignmentinvolves an ethical conflict of interest. Attorneys serving in the following positions or employedby the following offices, if otherwise eligible for designation, shall disclose such employment tothe court: judge or justice of a city, town or village court; law clerk to a judge or justice; districtattorney; county attorney; and municipal corporation counsel. Attorneys serving in any of theabove positions or employed by any of the above offices, shall not be appointed as a lawguardian in proceedings in which, by virtue of such position or employment, they have similaror equal subject matter jurisdiction or, in the county in which they are employed, the office inwhich they are employed participates as a party.

(c) Removal from law guardian panel. An attorney may request that his or her name beremoved from a law guardian panel. Upon receipt of such request, the Appellate Division shallremove the attorneys name from the panel. A Family Court judge, Supreme Court justice orsurrogate may, at any time, recommend to the Appellate Division the removal of an attorneysname from a law guardian panel for good cause, including, but not limited to, misconduct, lackof diligence in performing law guardian assignments, or unwillingness to serve. An attorneywhose name appears on a law guardian panel for two consecutive years and who has notserved as a law guardian shall be removed from the list by the Appellate Division. The

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Appellate Division may, on its own motion at any time, remove an attorneys name from anannual law guardian panel. Regardless of the basis for removal from the law guardian panel,an attorney may request reconsideration of such removal.

(d) Assignment of counsel by the Supreme or a Surrogates Court to represent childrenin proceedings wherein compensation is authorized pursuant to Judiciary Law 35 (7) shall bemade from the panel designated pursuant to subdivision 1032.4.

1032.6 Compensation

(a) A law guardian seeking compensation for services rendered pursuant to FamilyCourt Act 245 shall submit a claim for approval to the Family Court on forms authorized bythe Chief Administrator of the Courts. The Family Court shall certify the claim, subject toappropriate modifications, and shall forward the claim to the Appellate Division for approvaland certification to the Comptroller for payment. When a claim is received by the AppellateDivision more than 90 days after the law guardian has completed the assignment, the lawguardian shall provide an affidavit stating that the law guardian has not been paid for theservices rendered, that a claim has not been submitted previously, and the reasons why theclaim was not received within the 90-day period. The Appellate Division may, in the exerciseof its discretion, disapprove any claim not received with the 90-day period.

(b) Compensation in excess of the limits established by Family Court Act 245 andJudiciary Law 35 shall not be approved absent a showing of extraordinary circumstances. Alaw guardian submitting a claim for compensation in excess of the statutory limits shall submit,with the claim, an affidavit detailing the nature of the proceeding in which the services wererendered, the services rendered, the time expended, the expenses incurred and the facts thatwould support a finding of extraordinary circumstances. Absent such an affidavit , a fee inexcess of the statutory limits shall not be approved.

(c) In determining whether there are extraordinary circumstances warrantingcompensation in excess of the statutory limits, the Family Court and the Appellate Divisionshall consider:

(1) Whether the matter involved unusually complex factual or legal issues;(2) Whether a novel issue of law, which required extensive legal research was

involved;(3) Whether a lengthy trial or other in-court proceedings were necessary; and(4) Any other unique or unusual circumstances.

The expenditure of time alone, however, shall not constitute an extraordinarycircumstance.

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(d) When a law guardian anticipates that expenses, as authorized pursuant to FamilyCourt Act 245 and Judiciary Law 35, will exceed $300, the law guardian shall, beforeincurring such expenses, obtain approval of the Family Court and the Appellate Division.

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LAW GUARDIAN ADVISORY COMMITTEE

The Presiding Justice appoints members of a departmental Law Guardian AdvisoryCommittee to make recommendations to the Presiding Justice and Director regarding trainingof attorneys for children and the promulgation of rules, standards and administrativeprocedures for the improvement of the representation of the children in the FourthDepartment. The Advisory Committee also drafts practice guidelines and selects outstandingattorneys for the children for awards. The Committee consists of representatives of the Fifth,Seventh and Eighth Judicial Districts of the Fourth Department. The Committee is chaired byHonorable Michael F. Griffith, Wyoming Family Court Judge. The volunteer members of theAdvisory Committee meet on a regular basis.

NAME ADDRESS TELEPHONENUMBER

FAX NUMBER E-MAIL ADDRESS

Hon. Michael F. Griffith,Chairman

W yoming County Family Ct 147 North Main StreetW arsaw, NY 14569

585/786-3148 585/786-2818 mfgriffi@courts.state.ny.us

Michele A. Brown, Esq. Childrens Legal Center438 Main Street, Suite 200Buffalo, NY 14202

716/332-0990 716/332-0997 mibrown@childrenslegalcenter.org

Margaret Burt, Esq. 63 Callingham Rd.Pittsford, NY 14534

585/385-4252 585/385-7717 mburt5@aol.com

Hon. Kevin M. Carter Erie County Family Court1 Niagara PlazaBuffalo, NY 14202

716/845-7484 716/858-7115 kmcarter@courts.state.ny.us

Bert R. Dohl, Esq. 107 Main StreetSalamanca, NY 14779

716/945-3060

James S. Hinman, Esq. 16 East Main StreetSuite 260Rochester, NY 14614

585/325-6722 585/325-4496 jshatty@frontiernet.net

Hon. Dennis M. Kehoe W ayne County Family Court54 Broad Street, Suite 106Hall of JusticeLyons, NY 14489

315/946-5436 315/946-5434 dkehoe@courts.state.ny.us

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Jack Klump, Director NYS Office of Children &Family ServicesThe Atrium, Suite 3502 Clinton StreetSyracuse, NY 13202

315/423-1200 9250zz@dfa.state.ny.us

Prof. Susan VivianMangold

University of Buffalo Schoolof Law614 O'Brian HallBuffalo, NY 14260

716/645-2428 716/645-2900 svm@buffalo.edu

Patricia L. Morgan,Deputy Clerk, ex officio

Appellate Division, 4 Dept. ThM. Dolores DenmanCourthouse50 East AvenueRochester, NY 14604

585/530-3102 585/530-3247 plmor@courts.state.ny.us

Pamela Neubeck, Esq. Legal Aid Bureau of Buffalo,Inc.237 Main Street, Suite 1602Buffalo, NY 14203

716/853-9555 716/853-3219 pneubeck@legalaidbuffalo.org

Hon. John F. O'Donnell Erie County Supreme92 Franklin StreetBuffalo, NY 14202

716/851-3373 716/845-9486 jodonnel@courts.state.ny.us

Edward Orlando, Esq. Chief Law GuardianLegal Aid Society1 W . Main Street, Suite 800Rochester, NY 14614

585/232-4090 585/232-2352 eorlando@lasroc.org

Hon. Elizabeth Pine M. Dolores DenmanCourthouse50 East AvenueRochester, NY 14604

585/530-3210 585/530-3245 epine@courts.state.ny.us

Hon. Janice M. Rosa Erie County Supreme Court1 Niagara PlazaBuffalo, NY 14202

716/845-9489 716/858-8102 jrosa@courts.state.ny.us

Eleanor W . W ertimer,Esq.

7140 College HillClinton, NY 13323

315/853-2706 315/853-3652 swertime@hamilton.edu

Scott W . W estervelt, Esq. 320 Hall of JusticeRochester, NY 14614

585/428-5890 585/428-2704

Lucia W hisenand, Esq. 440 East W ashington St.Syracuse, NY 13202

315/472-0496 315/472-0574 lwhisena@twcny.rr.com

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LAW GUARDIAN LIAISONS

The liaison program was created by the Law Guardian Advisory Committee to solicit suggestionsand feedback from panel members on an annual basis. Additionally, the Director and AssistantDirector depend on the liaisons to bring issues regarding attorneys for children to the attention ofthe Program and to disseminate information of interest to attorneys for children in their counties.

ALLEGANY COUNTY Annette M. Harding, Esq.P.O. Box 411Wellsville, NY 14895

CATTARAUGUS COUNTY Bert R. Dohl, Esq.107 Main StreetSalamanca, NY 14779

CAYUGA COUNTY Roberta G. Williams, Esq.11 Court StreetAuburn, NY 13021

CHAUTAUQUA COUNTY Michael J. Sullivan, Esq.P.O. Box 182Fredonia, NY 14063

ERIE COUNTY M. Kim Babat, Esq.460 Franklin StreetBuffalo, NY 14202

GENESEE COUNTY Catherine Monachino, Esq.45 Church StreetElba, NY 14058

HERKIMER COUNTY Karl E. Manne, Esq.107 Court StreetHerkimer, NY 13350

JEFFERSON COUNTY Sue Sovie, Esq.200 Washington Street, Suite 301Watertown, NY 13601

LEW IS COUNTY Susan Kraeger, Esq.6725 McAlpine StreetLyons Falls, NY 13368

LIVINGSTON COUNTY Jessica Reynolds-Amuso, Esq.5579 Avon Lima Road, PO Box 190Avon, NY 14414

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MONROE COUNTY Kimberly W. Weisbeck, Esq.3349 Monroe Avenue, Suite 288Rochester, NY 14618

NIAGARA COUNTY Thomas J. Caserta, Esq.800 Main Street, Ste 4CP.O. Box 725Niagara Falls, NY 14302

ONEIDA COUNTY Theresa Girouard, Esq.225 N.Washington Street, P.O. Box 4632Rome, NY 13442

ONONDAGA COUNTY Marsha A. Hunt, Esq.The Monroe Building, 5th Floor333 East Onondaga StreetSyracuse, NY 13202

ONTARIO COUNTY Susan Jones21 Sly StreetCanandaigua, NY 14424

ORLEANS COUNTY Charles Plovanich, Esq.17 State Street, Suite 400Rochester, NY 14614

OSW EGO COUNTY Joseph G. Rodak, Esq.55 W. Second StreetOswego, NY 13126

SENECA COUNTY Nancy M. Lord, Esq.40 Canal Street, P.O. Box 86Lyons, NY 14489

STEUBEN COUNTY Sally A. Madigan, Esq.34 Warden Street, PO Box 214Bath, NY 14810

WAYNE COUNTY Robert DiNieri, Esq.47 Glasgow StreetClyde, NY 14433

WYOMING COUNTY Teresa Kowalczyk, Esq.30 Park StreetWarsaw, NY 14569

YATES COUNTY Dianne S. Lovejoy, Esq.126 Main St., P.O. Box 412Penn Yan, NY 14527

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LAW GUARDIAN PROGRAM

COMPENSATION AND REIMBURSEMENT GUIDELINES

Internet Voucher System: The Department of Technology of the Office of CourtAdministration, the four Law Guardian Programs and their respective tech units havecompleted the majority of work on the Internet Voucher System. In the following pages,you will find compensation and reimbursement guidelines, and also step-by-stepinstructions on how to use the system, and how to submit the voucher through theinternet system.

The new system will further expedite payments and attorneys for children will be able totrack voucher payments.

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COMPENSATION AND REIMBURSEMENT GUIDELINES

(B) Law Guardian Payment PoliciesA. Compensation for legal services

1. Panel membership requireda) An attorney must be a member of a county law guardian panel to be

compensated by the Appellate Division Law Guardian Program forrepresenting a child in Family, Supreme or Surrogate's Court.

b) Panel members must comply with the attorney registrationrequirements of Judiciary Law 468-a, and are expected to notify theOCA Attorney Registration Unit and update their Law GuardianInternet Voucher System (LGIV) profile of any change of contactinformation.

2. Time recordsa) Attorneys for children must maintain sufficient time records to ensure

that vouchers submitted reasonably and accurately reflect servicesprovided to law guardian clients.

b) All law guardian vouchers are subject to audit both before andafter payment.

3. Compensation rate: The compensation rate for in and out-of-court time is$75 per hour.

4. In-court and out-of-court timea) In-court time is time spent at court facilities in conjunction with an

appearance before a judge.b) In-court time includes:

i. Time spent in the presence of the judge, either in the courtroomor in chambers;

ii. Time spent in a court-ordered conference at court facilities inconjunction with an appearance, whether or not the judge ispresent.

c) All other time expended in representing a law guardian client, includingtime spent at court facilities for purposes other than an appearancebefore a judge, e.g. reviewing files, meeting with client, is out-of-courttime.

d) The maximum claim for in-court and out-of-court services for oneday is eight hours, unless the voucher is accompanied by a briefstatement setting forth a reason the greater time was required.

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5. Representation in collateral mattersa) An attorney for the child may be compensated for representation of a

client in a legal or administrative matter collateral to the courtproceeding for which the attorney for the child was assigned when:i. The collateral matter arises from the same circumstances as

the assigned court proceeding; andii. Representation by the attorney for the child in the collateral

matter is required to assure the most favorable outcome for theclient in the assigned court proceeding.

6. Voucher preparationa) Attorneys for children may not charge for time spent preparing law

guardian vouchers or affirmations for the voucher.

7. Double-billinga) Double-billing is the practice of rendering legal services on multiple

cases in a given period, and then requesting payment for the entireperiod on the voucher for each case. For example, waiting at court onehour for two cases to be called, and then requesting payment for onehour for each case, would be double-billing. Another example ischarging travel time to court for each case when the attorney for thechild appears in court on more than one case.

(B) Expenses of Representation1. In general

a) The Law Guardian Program will pay reasonable expenses of representation,i.e., out-of-pocket expenses incurred by a law guardian on behalf of a client,but not office overhead costs.

b) Expenses for in-office computer-assisted legal research (e.g. Westlaw andLexis) and facsimile transmission (fax) charges are considered officeoverhead costs, and will not be reimbursed, although associated longdistance charges are reimbursable.

c) Expenses must be broken down, i.e., number of stamps, number of miles. 2. Travel

a) Mileage is reimbursable at the statutory rate. You must enter the number ofmiles per trip.

b) Tolls are reimbursable with receipts.c) Parking fees are reimbursable to $5.00 without receipts.d) Other travel expenses, including food and lodging, generally are not

reimbursable.

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3. TranscriptsTranscript charges > $300 must be approved by the Law Guardian Program.

4. Miscellaneous expensesa) Photocopying expenses will be reimbursed at the rate of 15 cents per page.b) Other itemized out-of-pocket expenses, such as long distance phone charges

and postage, are reimbursable without additional documentation to amaximum of $15.00.

c) Reimbursement claims for more than $15.00 must be documented by receiptor some other proof of payment.

d) No reimbursement for printing of records and briefs (they should becopied).

5. Expert services--see section IV below.

II. Preparation of Law Guardian Vouchers

A. Introduction

1. Submission of voucher requireda) To receive compensation for legal services to a client, unless an

attorney for children has received an exemption s/he must haveaccess to the Law Guardian Internet Voucher System (LGIV). In orderto attain access you must obtain a user name and register your on-lineaccount. If you do not have a user name, please call the Law GuardianProgram.

2. When to submit vouchersa) In general, all claims for compensation and reimbursement for a

proceeding should be submitted at the conclusion of the proceeding. b) Submission within 90 days

i. Law Guardian Vouchers should be submitted to the court assoon as possible after the proceeding has concluded.

ii. If the voucher is submitted on the LGIV more then 90 days fromthe last activity date, a warning will appear with the exactnumber of days that the voucher is overdue. In such cases youmust complete an affirmation that will be available online.

iii. The Law Guardian Program reserves the right to reject or torequest additional documentation to support any claim forcompensation received more than 90 days after the completionof services.

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c) Interim vouchersi. With prior approval of the Law Guardian Program, an interim

voucher may be submitted during the pendency of a proceedingof extraordinary duration where the attorney for the child hasexpended a substantial amount of time; or at the dispositionphase of a case where permanency hearings are mandatory; orwhere another attorney is substituted in the case.

ii. Please make your interim voucher request to the Director of theLaw Guardian Program. Have your LGIV document ID numberavailable in the event your request is granted. The document IDnumber can be found on the Open Dockets screen.

d) Supplemental vouchersi. With the prior approval of the judge presiding, a supplemental

voucher may be filed when additional legal services arerequired after the conclusion of a proceeding, such asmonitoring implementation of the dispositional order.

e) Supplemental affirmationi. If you do not meet with your client, you must submit an

affirmation setting forth the reason. The affirmation form will beavailable online.

3. A trial court action and a subsequent appeal are regarded as separateproceedings, requiring preparation and submission of separate vouchers.

4. Cases that start in Family Court and are transferred to IDV court are regardedas separate proceedings, requiring preparation and submission of separatevouchers.

B. Voucher preparation instructions

Please Note: Before using the system for the first time, refer to the videos available on theLaw Guardian home page to see how to use the system

*The system requirements for using the LGIV system are as follows:A) Windows XP or higher,B) Adobe 8.0 or higher,C) Pop up blocker must be disabled, andD) Screen resolution must be set at 1024x768.

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1. Location of the Law Guardian Internet Voucher System:

a) Enter through the Appellate Division, 4 Department home page atthwww.courts.state.ny.us/ad4

b) Click on the Law Guardian link at the top.c) Click on the LGIV link on the side bar of the Law Guardian home page. d) A new screen will appear with the link, Law Guardian Internet Voucher

System. Click on it to see the log-in page.e) Enter your user id and password and click on the submit button.

If you have forgotten your password, please click on the forgot passwordlink at the bottom of the screen. Follow the prompts to reset your password.

2. Logging into the System

a) You will receive an email with a link to register your account. Click on the linkthat will take you to a page where you will be informed of your username/user id and you will be able to create a password and challengequestion.

b) The password that you choose must be 6-10 characters in length. It mustalso contain at least one upper case letter, one lower case letter, and anumber or character (Example: Sara123). It cannot be a password that youused previously.

c) The first time you log in, you must check your law guardian profile by clickingon the LG Profile button to ensure that all your information is correct. In theevent your profile changes, make changes as soon as possible. Your checkwill be sent to your profile address and your federal i.d. number or socialsecurity number will be used for tax reporting purposes.

3. Creating a New Voucher

a) Click on the New Voucher button on the left hand side bar. b) From the drop down list, select the court that you appeared in.

i. For Family Court, enter the family file number in the box labeled File#. Click on Add File #. If you do not know the file number, click onFind File # to search for the file number using the docket number.

ii. For Supreme Court, enter the Index # in the box labeled Case #and click on Add Case #.

iii. For Appellate Court, enter the CAF # in the box labeled Case # andclick on Add Case #.

c) Enter the clients name, and the proceeding code.

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Proceeding codes are as follows:

(A) Adoption(AP) Appeal(AS) Adoption Surrender(B) Commitment of Guardian andCustody(C) Conciliation(CO) Court Reporter(CR) Criminal Action(D) Juvenile Delinquency(E) Designated Felony Delinquency(F) Support(G) Guardianship(H) Handicapped(HC) Habeas Corpus Writ(I) Informal(J) Public Health(K) Foster Care Review

(L) Approval of Foster Care(M) Consent to Marry(N) Child Protective Proceeding(NA) Neglect/Abuse(NN) Neglect(O) Family Offense(OC) Other Civil Proceeding(P) Paternity(Q) Visitation(R) Referred from Supreme Court(S) PINS(U) Uniform Support of DependantssLaw(V) Custody of Minors(VS) Supreme Court Case(W) Extension of Placement(X) Other(Z) Misc

d) Enter the disposition, if you have it. If not, you may leave this field blank andcome back to it later. (Example: Joint legal custody, physical custody topetitioner, visitation to respondent.)

e) Select the dockets that you want to voucher from the Available Dockets listby clicking on the docket(s) and clicking on the select button.

f) Once the docket(s) have been selected, click on the Continue with Activitiesbutton.

4. Adding out-of-court time

a) Click on the Add New button on the right hand side of the screen. b) Select the appropriate out-of-court activity code.

Activity Codes are as follows:

Out-of-court codes:

A - Review DocumentsB - Client InterviewC - TravelD - CorrespondenceE - Legal DraftingF - Legal ResearchG - InvestigationH - All Other

In-court codes:

J - Initial AppearanceK - Pre-trial HearingsL - Fact FindingM - DispositionN - All Other

Expense Codes:

P - ExpensesQ - Mileage

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c) Enter the date of activity (mm/dd/yyyy).d) Enter the amount of time spent in hours or tenths (.10) of hours, to the

nearest tenth of an hour. e) Enter the activity summary (a brief description of the services provided)

i. The following information must be included for the following activitycodes:A. Review Documents: Describe documents reviewed, e.g.,

Review petition and file.B. Client Interview: Include the location of where you met with

your client, e.g., Met with client at office.C. Travel: Indicate place of departure and destination.D. Phone/Correspondence: Indicate other party and subject. E: Legal Drafting: Indicate document type and subject. F: Legal Research: Indicate subject.P: Expenses: Detail the expense including type, quantity and

price per item, e.g., Copies 5 @ .15 each.Q: Mileage: Indicate place of departure and destination.

f) Click on the Submit button on the bottom left side of the screen. g) To add a new activity, click on the Add New button every time you want to

add another activity.

5. Using the Multiple Out-of-court Activities Button

a) Click on the Enter Multiple out-of-court Activities button on the top righthand side of the activity box.

b) Enter the date of activity (mm/dd/yyyy). c) Enter the time spent (.10s). d) Enter the activity summary. e) Click on the Add Activity button. f) When finished, click on the Submit Activities button to submit the activities

to the voucher. Please be aware that if you exit out of this screen without pressing theSubmit Activities button, your activities will not be saved to the voucher.

6. Adding In-Court Time

a) Click on the Add New button.b) Select an in-court activity code.c) For Family Court, a drop down list of appearances will appear. Select the

correct date by clicking on it. For any other court, enter the date that you appeared in court (mm/dd/yyyy).

d) If you appeared in court on the same day for multiple dockets, you will havethe option to group them together as one charge, or you may charge themseparately.

e) In the activity summary field, enter what you appeared in court for, e.g., Pre-trial conference.

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f) Click on Apply to submit the activity to the voucher. e) You must click on Add New to add another in-court activity.

7. Entering Expenses Other than Mileage

a) Click on the Add New button.b) From the drop down menu, select P-Expenses for expenses other than

mileage. c) Enter the date of the expense (mm/dd/yyyy).d) Enter the amount that was spent on that date, e.g., 1.20. Do not enter any

characters other then numbers, e.g., 1.20, not $1.20. e) In the activity summary field, enter the quantity, and indicate what the

expenditure was, e.g., 8 copies @ .15 each.f) Click on Apply.g) Click on Add New to add another activity to the voucher. h) If an expense charge requires a receipt, send the receipt to the Law Guardian

Program with the attached cover sheet that is available on the system.Please note that expenses must be separated by category, e.g., copies must be listed as oneexpense, postage as another.

Expenses that require receipts:

Tolls Parking if over $5.00 Long Distance Phone Calls if over $15.00 Postage over $15.00 Process Service (copy of invoice needed)

8. Entering Mileage

a) Click on the Add New button. b) Select Q-Mileage from the drop down list of activities. c) Enter the date that you traveled (mm/dd/yyyy). d) Enter the number of miles that you traveled. Round to the nearest whole

number, e.g., 23, not 23.3.e) In the activity summary field, indicate the starting point and the destination of

the trip. f) Click on Apply to submit the mileage expense to the voucher. g) Click on Add New to add another activity.

9. Attaching an Affirmation

a) To attach an affirmation, click on the button on the bottom of the screen. b) You will be on a new screen that will show the court you appeared in, the

docket numbers used for the voucher, and a list of warnings that requireaffirmations.

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c) In the box labeled affirmations, enter the reasons as appropriate. d) Click on Save and Continue to prepare the required affirmations and to

submit the voucher for payment. Click on Save and Return to Activity Tab togo back to entering activities. Click on Pre-view Affirmation to see a .pdf ofthe affirmation.

e) When you submit the voucher and affirmations for payment, you will see ascreen with the list of warnings and the reasons entered. You must verify thatall warnings are explained by clicking on the checkmark box next to thewarning. You will not be able to submit until all warnings are explained andchecked off.

f) Once all affirmations are checked, click on the I Affirm button to submit the voucher for payment.

10. Saving, Printing, and Submitting

a) If you are working on a voucher, and would like to return to it at another time,click on the OK button to save your work. You can come back to it atanother date.

b) To continue work on a saved voucher, go to the Open Vouchers button onthe task bar. Click on the clients name, and click on Select to Update.

c) To print out the activity page without submitting it, click on the Print ActivityPage button. Another screen will appear where you can print your voucher.

d) To submit the voucher for payment and print out a hard copy for your records,click on the Submit and Print button. Make sure that the voucher iscomplete as you will not be able to return to make any changes.

11. Reports and ExtractsYou may access a number of different reports. Click on the Reports and Extractsbutton, and select the report you want from the drop down menu.

a) Attorney Assignment Reporti. You may find assignments by a search through a date range, or by a

docket number. ii. Enter a date range of up to 30 days and click on Search to view

assignments between the two dates. iii. Enter the specific docket number and click on Search to view the

assignment details of the specified docket. b) Generate Activity Extract

i. You may extract data from a voucher to import into a spread sheetprogram, e.g., Microsoft Excel.

ii. Enter the LGIV document ID number.iii. Enter the date range of activities you would like to export and click on

Search.iv. To export the activities, click on the Download Extract button and

save the data. You will then have to export the information using yourown spread sheet program.

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c) Submitted Voucher ReportI. You may use the submitted voucher report to view where a voucher is

in the payment process. You also may print out a hard copy of thevoucher.

ii. To search for a voucher, enter a date range of up to 30 days betweenwhere you would have submitted the voucher.

iii. Click on Search. iv. A list of vouchers that you submitted within the time specified will

appear. You will be able to see at what point the voucher is in thepayment process by looking across the row. Submitted, means thevoucher is still with the court or the Appellate Division. If OCS hasreceived it, the check date will appear.

v. To print out a hard copy of the voucher, click on the clients name sothat it is highlighted. Click on print preview voucher and a new screenwill appear from which you may print.

d) Un-vouchered Docketsi. You may use the un-vouchered dockets report to see a list of dockets

that have not yet been vouchered.ii. To generate the list, enter a date range of up to 30 days during which

you were assigned and click on Search. iii. Click on Print Preview Report if you would like to print a copy for

your records.

12. Searching for Court Appearances

a) Click on the Search button on the task bar. b) Enter the docket number and the court you appeared in, and click on

Search.c) All court appearances for that docket number will appear. If there is a

document ID listed, that is the voucher to which the court appearance hasbeen charged.

13. Excess Compensation

a) Vouchers requesting compensation in excess of the statutory limit($4400) must be accompanied by an affidavit or affirmation detailing the"extraordinary circumstances" that underlie the claim, i.e., thecharacteristics of the case that necessitated an expenditure of timeresulting in a claim in excess of the statutory limit. Such factors mayinclude:

i. Complex factual issues; e.g., mutual allegations of serious wrongdoingby bitterly hostile parties in a custody proceeding, requiring extensiveinvestigation and intervention by the law guardian;

ii. Complex legal issues; e.g., evidentiary considerations surrounding theforensic use of a novel scientific concept;

iii. Extensive in-court time; and

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iv. Extended duration; e.g., a case in active litigation for more than oneyear.

b) This listing is not intended to be exhaustive. However, the affidavit should notmerely reiterate that the time claimed in the voucher was expended, butrather should describe briefly the factual and/or legal circumstances involvedin that required the expenditure of that time.

c) The limit applies only to claimed compensation, not to expenses ofrepresentation. If the voucher total minus expenses of representation is lessthan the limit, the claim for compensation does not exceed the statutory limit,then no affidavit is required.

14. Appeals Voucher

a) Appeal vouchers should be entered into the LGIV system, printed andsubmitted to the Law Guardian Program. Include a copy of the voucher, thebrief and the Appellate Division decision/order.

III. Expert Services

A. The Law Guardian Program has authority to pay reasonable expenses ofrepresentations, i.e., compensate non-lawyer experts, such as investigators,physicians, mental health professionals and social workers for services to lawguardian clients that are necessary to assure effective representation. The LawGuardian Program prefers that you use the model order for expert services.

B. Authorization and Allocation - If the expert fee will be greater than $1000, youmust obtain authorization by e-mail or telephone to the Director or AssistantDirector of the Law Guardian Program.

1. Services to the Child Only

i. The Law Guardian Program is responsible for the full cost of expertservices provided solely to a client.

2. Services to the Child and Participants Jointly

i. The Law Guardian Program is responsible for a proportionate share ofthe cost of expert services when those services are provided jointly toa client and other participants in a proceeding.

ii. When services are provided jointly to all participants in a proceeding,the trial court will allocate the cost of the services among theparticipants.

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3. Services Not Reimbursable

The Law Guardian Program is not authorized to pay for expert servicesto participants in a proceeding other than the client, or for servicesunrelated to the clients representation, such as treatment orcounseling.

4. Compensation Guidelines

The Chief Administrator of the Courts has adopted the following hourly ratesas guidelines for payment of non-lawyer professionals under Judiciary Law 35 and County Law 722-c:i. Psychiatrist $125.00ii. Certified Psychologist $ 90.00iii. Physician $200.00iv. Certified Social Worker $ 45.00v. Licensed Investigator $ 32.00

C. Payment to the Expert Service Provider:

a) The expert is compensated directly by the Law Guardian Program afterservices have been rendered upon submission of an appropriate voucher.

b) To obtain direct payment in this manner, the expert:I. completes a Form JC 2020, inserting the phrase see attached in the

space provided on the voucher for description of services;ii. Attaches supporting documentation - the service providers customary

invoice or statement containing an entry for each day on whichservices were rendered, including the date, the time expended, and abrief summary of the services provided, including the name of theindividual to whom the services were rendered; and

iii. submits the original and one copy of the voucher and supportingdocumentation to the trail court for endorsement by judge andtransmittal of the original voucher to the Law Guardian Program.

V. Obtaining Trial Transcripts

An attorney for the child may obtain transcripts for use in representing a client either at trialor an appeal by using the New York State Law Guardian Minute Order Form. Thestenographer/transcriber provides the transcript directly to the law guardian, who incurs no out-of-pocket expense because transcript costs are pain by the Law Guardian Program. A motion forpoor person relief is not required.

An attorney for the child should obtain a Minute Order Form from the Family Court ClerksOffice ro the Law Guardian Program Office, and then take the following steps:

A. The attorney for the child completes the top portion of the Minute Order Formand present the form to Family Court for the judges endorsement;

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B. Following the judges action, Family Court retains a copy of the form andreturns the remaining copies to the attorney for the child for transmittal to thestenographer/transcriber;

C. Upon receiving the form with the judges endorsement, thestenographer/transcriber prepares two certified copies of the transcript. Onecopy is to be filed with the Family Court Clerk, and the second copy isdelivered to the attorney for the child;

D. When the transcript is delivered, the attorney for the child endorses theappropriate portion of the form;

E. The stenographer/transcriber retains a copy of the form and forwards theremaining copies, together with a completed Standard Voucher to the LawGuardian Program for review and payment. Vouchers are available from theFamily Court Clerk and from the Law Guardian Program.

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TRAINING AND EDUCATION OF ATTORNEYS FOR CHILDREN

I. Introduction

To help assure the highest quality representation of children, the rules of the AppellateDivision, Fourth Department, require that attorneys for children receive introductory training andcontinuing legal education to remain eligible for law guardian assignments. The Law GuardianProgram conducts a series of seminars each year to assist attorneys for children in meeting theserequirements. Announcements of seminars are sent directly to attorneys for children in the semi-annual mailings, are published in the Law Guardian Reporter, and appear on the Law Guardianwebsite. At the time of this publication, all seminars, including reference materials and meals, areprovided at no cost to attorneys for children.

The Appellate Division, Fourth Department has been approved by the New York StateMandatory Continuing Legal Education Board as an accredited provider of continuing legaleducation. Seminars conducted by the Law Guardian Program may be credited towardcompliance with the states continuing legal education requirements, as well as with the AppellateDivisions rules on law guardian training and education.

II. Law Guardian Training and Education Requirements

A. Introductory Training1. Attorneys for children must receive introductory training prior to initial panel

designation.2. To enable attorneys for children to meet this requirement, the Law Guardian

Program presents a two-day Effective Law Guardian Representation seminartwice each year, usually in March and November. The seminar presents anoverview of all types of proceedings in which attorneys for children representchildren. So that prospective attorneys for children from throughout theDepartment can participate, as of the time of this publication, the LawGuardian Program will provide meals and lodging for those required to attendfrom beyond commuting distance (80 miles each way) of the seminarlocation.

B. Continuing Legal Education of Experienced Attorneys for Children1. To be eligible for continuing designation as a panel member when county

panels are re-certified on April 1 of each year, an attorney for the child musthave attended at least one continuing legal education program sponsored bythe Law Guardian Program within the previous two years.

2. To enable attorneys for children to meet this requirement, the Law GuardianProgram presents each year a one-day seminar on a matter of particularinterest to attorneys for children and several update seminars.

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FOR CURRENT CLE REGULATIONS

GO TO

WWW.NYCOURTS.GOV/ATTORNEYS/CLE

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ADMINISTRATIVE HANDBOOKATTACHMENTS

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MODEL AFFIDAVIT OF EXTRAORDINARY CIRCUMSTANCES

STATE OF NEW YORKFAMILY COURT, ____________ COUNTY

SUE SMITH,Petitioner, AFFIDAVIT

-V- DOCKET NO:

JOHN JONES,Respondent.

(ATTORNEY FOR THE CHILD), ESQ., being duly sworn deposes and says:1. I am an attorney licensed to practice law in the State of New York with an

office at 100 State Street, Rochester, New York 14614. I was appointed attorney for thechild by Honorable Sharon Swartz in the above captioned matter on May 1, 2006.

2. The fee of deponent in the above captioned matter are in excess of thestatutory limit because of unusual and extraordinary circumstances.

3. Deponent represented one child on a petition to modify a prior order ofcustody.

4. Deponent expended significant in-court time on this matter. A full trial washeld over the course of three days.

5. Deponent expended significant out-of-court time on this matter because:

A) Respondent made serious allegations that the paramour ofpetitioner sexually abused his own children and the children of petitioner andrespondent. Because of the seriousness of the allegations and the potential for risk tothe child, deponent interviewed persons alleged to have knowledge of the allegedabuse, i.e., Monroe County Department of Social Services, the childs prior attorneyfrom Erie County, the respondents former attorney in Erie County, and the respondentsformer wife.

B) This case has had an extensive procedural history in Monroe andErie counties. Therefore, it was necessary for deponent to review the records andorders for both Courts in both counties. The child had a prior attorney from Erie County,who was consulted at length about this matter.

Deponent also investigated the fathers extensive history of failure to appear forscheduled court dates and the resulting default orders entered against him.

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C) Both petitioner and respondent have suffered from serious mentalillness, which necessitated significant time to investigate the issue.

6. Deponent believes that the time expended was necessary and proper tothe representation of the child and was not excessive in light of the extraordinarycircumstances of the case.

WHEREFORE, deponent prays that fees and disbursements incurred asreflected by the attached voucher dated January 30, 2007, be approved and certified byFamily Court, Monroe County.

Attorney for the Child

Subscribed and sworn to before methis day of , 20___ .

Notary Public

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__________________________________

STATE OF NEW YORKCOUNTY OF ;

COURT

IN THE MATTER OF ,

PETITIONER,

V. ,

RESPONDENT.

ORDER AUTHORIZING EXPERT SERVICES

Docket No.

Upon appropriate inquiry, it has been found by this Court that the services of

(expert's name) are necessary and proper and it is thereforeORDERED that (expert's name) is appointed to conduct forensic evaluations

of the following child[ren] and parties:

NAME RELATIONSHIP

and shall submit a report to the Court by , 20 ; and it is further

ORDERED that compensation for the forensic evaluations and any court

appearances shall be paid proportionately to the ratio of adult parties evaluated and

child[ren] evaluated. If the adult party has assigned counsel, the expert shall be

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compensated for the adults proportional share of the evaluation pursuant to Article 18-B,

Section 722-C of the County Law. If the adult party does not have assigned counsel, the

adult party shall compensate the expert for his or her proportional share of the evaluation

on or before , 20 . The child[ren]s portion of the evaluation shall be paid by the

Law Guardian Program of the Fourth Department pursuant to Section 35 of the Judiciary

Law. The total evaluation shall not exceed $ (cap) at a rate not to exceed $ per hour. This authorization includes expert testimony should that become necessary; and

it is further

ORDERED that the parties submit Dr. 's statement for services to

their respective health insurance carriers, such that those carriers will be a primary source

of payment for the expert services; and it is further

ORDERED that (DSS, or other agency, hospital, school, expert, etc., as appropriate)cooperate in making themselves and their records available to (experts name); and it isfurther

ORDERED that each party execute any and all consents that may be requested by

(experts name) in connection with the evaluation; and it is furtherORDERED that if it is anticipated that the evaluation may exceed the maximum limit,

then a supplemental request will be made to the Court for additional compensation.

Dated:

Honorable

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