Assigned Counsel: Panel Attorney Renewal Application and Agreement 2024 (Short Form)

Assigned Counsel Program of Erie County

Michelle M. Parker

Director/Chief Defender

In order to be eligible for assignment of cases through the Erie County Bar Association Aid to Indigent Prisoners Society, Inc.'s Assigned Counsel Program, hereinafter, "Program" you must complete a Panel Attorney Renewal Application and Agreement annually. Effective immediately all such Attorney Renewal Applications and Agreements must be submitted electronically. This renewal application is due by January 31, 2024.

Please note that you will be asked to submit a scanned or downloaded copy of your current Attorney Registration status, or a Certificate of Good Standing. Please be prepared to do that before you begin the application.

Please enter your personal information as you wish it to appear on any correspondence, payment, or reporting forms. DO NOT USE ALL CAPS. Due to the volume of applications we will not correct typographical errors or alter punctuation.

1. Attorney Information

First Name *

MI

Last Name *

Office Address (Public) *

Suite / Unit

City *

State *

Postal Code *

Office/Work Phone *

Home Address (Private) *

Apartment #

City *

State *

Postal Code *

Cell Phone (not disclosed) *

Where would you like your mail sent? *

Office Address (Public)

Home Address (Private)

Email Address *

Fax:

Social Security Number *

What is your DefenderData primary username?

Assistant Email (legal assistant or paralegal you want to receive general information emails)

Year of Admission to the Bar in the State of New York: *

Attorney Registration Number *

Please upload your current attorney registration with the Office of Court Administration in PDF format from OCA's website. Obtain a copy of it, here. Once you navigate to the screen that says you are currently registered, print the form as a PDF (Single Page HTML and PNG format have also been tested and work) and save it to your computer, then upload it to this form below: DON'T FORGET TO CLICK UPLOAD once you have selected the document. Upload is below the browse button.

This feature has been tested with Chrome, Firefox, Explorer and Safari and is fully functional. Please consult your technical support consultant or IT professional if you are not able to use this funciton as it will be similar to the upload methods required for our new billing suite.
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Have you ever been the subject of a complaint to a bar association or departmental grievance committee which resulted in your admonition, reprimand or censure, your suspension from the practice of law or your disbarment? *

Yes

No

If yes, please provide a brief explanation:

Are you a current dues paying member of the Bar Association of Erie County? *(Required for all panel members). *

Yes

No

Are you a current dues paying member of NYS Defenders Association, Inc? * (ACP will reimburse for membership which is strongly encouraged, please send proof of paid membership to Hope Keilman at hope.keilman@assigned.org). *

Yes	No
I am not applying for criminal panel.

Are you currently a registered member of the Bar in New York State? *(Required). *

Yes

No

1.2. Mentoring, Training and Support and Nominations

Financial Support for Training Programs: Please check one of the boxes below. Your election to contribute or not to contribute will have no impact on the number or types of assignments that you will receive. I agree to have the following amount withheld, on a one-time basis, from the first check that I receive from the Assigned Counsel Program after this application is processed. This amount will be applied to the Assigned Counsel Program attorney training program. *

2. Compliance and Quality Assurance

Member of Assigned Counsel Panel Since? *

How many hours a week will you dedicate to the practice of law this year? *

What Percentage of your practice do you intend to dedicate to work for the Assigned Counsel Program? (Estimate and select nearest number.) *

What Percentage of your practice over the last 12 months was in Family Court matters? *

What Percentage of your practice over the last 12 months was in Criminal matters? *

CLE COMPLIANCE. Attorneys on the criminal panel must complete a minimum of 9 credit hours of CLE over each 2 year attorney registration period in the area of criminal practice, at least 3 of which shall be completed in any given calendar year. Attorneys on the Family Court panel must complete a minimum of 9 credit hours of CLE over each 2 year attorney registration period in the area of Family Court practice, at least 3 of which shall be completed in any given calendar year. *

I am currently in compliance with this requirement.

I am not currently in compliance.

Please provide the names and dates of all relevant CLE courses
for which you have received and retained a certificate of
completion for over the last 24 months. *

Please note that effective April 4, 2018 the eligibility standards for the assignment of counsel were modified pursuant to rules and procedures set forth by the State of New York. In order to ensure compliance with these standards, each panel applicant is required to review the standards in full and acknowledge such review. Please review these new procedures and standards here. *

I have reviewed the new standards and understand them.

3. Matters and Courts

What panel are you currently a member of? *

Family Court

Criminal Court

Availability: What times are you generally available? (Check all that apply)

Day Courts

Night Courts

COURTS/REGIONS. In order to provide the best quality representation in EVERY court in our County attorneys may select the courts in which they will agree to handle matters by regions. *

If you had selected a region that lists a specific court or courts in which you do NOT wish to handle matters, please list the court(s) here. (For example, if you clicked Region A because you are willing to go to the majority of the courts in Region A, but NOT Grand Island, please list Grand Island here.) *

Family Court Panel Members: What matters have you been approved to handle? *

Family Court Panel Members: What matters are you interested in qualifying for?

Criminal Court Panel Members: What matters have you been approved to handle? *

Criminal Court Panel Members: What matters are you interested in qualifying for?

Criminal Court Panel Members: What Projects or Initiatives do you currently participate in. *

Criminal Court Panel Members: What Projects or Initiatives are you interested in?
* If you are not already on our AOC or AOD panel, and you would be willing to be considered for open slots as they become available please reach out to Kevin Stadelmaier at kstadelmaier@assigned.org. *

4. Acknowledgement of Terms and Certification

Electronic Voucher Submission Requirements

Electronic Voucher Submission

Effective in 2018, the Aid to Indigent Prisoners Society Inc. (AIP), requires each panel attorney assigned to a case pursuant to County Law Article 18-b, to submit an electronic claim for compensation and reimbursement to the Administrator of the Program for review and submission to the Court.

In an attempt to expedite the process by which each claim for compensation is reviewed and approved, the Aid to Indigent Prisoners Society Inc., has provided an electronic voucher processing solution which will permit the submission of each claim for compensation in electronic form. This system is hereinafter referred to as “DefenderData”.

1. On-line Billing.

By submitting this application you acknowledge and agree that all payment for the services performed and expenses incurred in compliance with the policies and procedures of AIP must be remitted using DefenderData. Any matter for which remittance is made, to which any provider is assigned or appointed after January 1, 2018 will not be processed or paid unless remitted through DefenderData. In exchange for the convenience of expedited processing and payment, the value of which is duly acknowledged, you specifically agree that an administrative computer fee of $3.00 will be deducted from the payment amount of each individual voucher submitted to be paid using DefenderData.

2. Electronic Signature.

You hereby acknowledge that any submission for compensation or reimbursement made through DefenderData as a result of your assignment pursuant to this agreement shall have the same force and effect as a written and sworn statement made pursuant to County Law §722-b(4).

3. Rights and responsibilities.

Any Attorney or other service provider that submits a claim using DefenderData, must acknowledge and agree to the following terms and conditions:

User Hardware and Software. You acknowledge that you are responsible for the installation, maintenance and operation of the device you use to access DefenderData, including but not limited to your computer, tablet, smartphone, browser or related software. AIP is not responsible for errors or failures due to any malfunction of your device, including virus, data corruption or the quality or viability of the Internet Service Provider you elect to use to transmit data to and from DefenderData.

Liability. AIP assumes no liability for the data entered and stored in DefenderData and by your acceptance and acknowledgement hereof you hold harmless AIP for any loss of data transmitted or stored remotely on any third party server or locally on each user's computer or network.

Force and Effect. You agree that by submitting this application you consent to the use of your “Electronic signature” which shall mean an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record, which shall have the same force and effect as a traditional written or drawn signature. Any false statements submitted with intent to obtain payment that contain materially false statements made to induce payment for services not rendered or for which compensation is not owed, may constitute a violation of the New York State Penal Law and will further serve as grounds to terminate eligibility for assignment of cases from AIP.

Individual User. Any remittance for payment by a vendor or attorney must be submitted by the individual for which compensation or reimbursement is sought. The payee shall be solely responsible for the material claims set forth in any remittance. While vendors and attorneys may utilize the services of staff to enter itemized records, remittance for payment may be made only upon the affirmation of the individual for who payment is sought and that individual will remain responsible for such submissions. Any material misrepresentations made in such submissions shall remain the responsibility of the individual for whom payment is sought and no other individual may be authorized to submit a claim for compensation or reimbursement on behalf of a third party at any time. Any such claim shall be deemed a violation of these terms and conditions and may invalidated any claim for compensation made inasmuch as it fails to comply with the requirements of §722-b(4).

All submissions made for compensation or reimbursement pursuant to §722-b(4)through DefenderData are final, and no further payment may be authorized upon the assignment or appointment issued in the matter upon which the vendor or attorney is assigned.

Please acknowledge: *

I accept these conditions and agree to the terms above.

I do not wish to be a member of the Assigned Counsel Panel or accept assigned matters.

General Terms and Conditions

Please review the following terms and conditions which shall apply to the services provided by Counsel.

I hereby request that I be considered for participation in the Program. I understand and agree that I have and will acquire no legal right to participation or continued participation in the Assigned Counsel Program, and that my eligibility to participate in the Program will be determined by the Program in its sole discretion. I further understand and agree that if I am directed by the Program to participate in their Mentor program as a mentee, that,in order to maintain my status on any panel, I must cooperate with my mentor and successfully complete that program.

Acknowledgement of status as independent contractor. All Attorneys approved for assignment of cases by the Program agree to accept such assignments as an Independent Contractor and not as an employee of the Program.

The Attorney further agrees that: The manner in which the Attorney conducts representation in any matter assigned is subject solely to the professional judgment and discretion of the Attorney assigned, in compliance with the Law and Rules of the State of New York. Any guidance provided is intended solely to facilitate the Attorney's compliance with applicables rules and law. All payment for services rendered will be made to the individual attorney assigned, and not to any Firm or other entity. As such, pursuant to State and Federal Law, the Program will file and provide a 1099 form to each individual attorney.

Statutory Rate. The Hourly rate for cases assigned through this program is $158 for Misdemeanor, Felony, and Family Court Matters.

Rules and Regulations. I agree to abide by all rules, regulations, policies & procedures of the Program, including the Program’s Standards for Providing Mandated Representation Applicable to Individual Attorneys, and I acknowledge that I am subject to periodic performance reviews.

Financial Eligibilty. I have reviewed and acknowledge the provisions of County Law 722-d regarding any change in a client's financial status. I understand that I must disclose any and all payment received from any third party as a result of the services rendered in any matter assigned by this Program.

Time Limitations and waiver of compensation. I agree that vouchers and related forms must be submitted no more than 180 days after the last court appearance or they will be deemed abandoned and that I will have no claim to payment on those matters. Failure to remit a completed voucher, report of financial status, order of assignment and report of disposition within such time shall be deemed a waiver to any right for compensation in such matter. I agree to complete all assigned cases in the event I discontinue my participation with the program. I waive all payment for any work performed on any cases that I do not complete in the event I discontinue my participation with the program.

I hereby affirm under penalty of perjury that the information provided by me on all parts of this application is correct and complete to the best of my knowledge, and that I am currently an attorney in good standing in New York State.

I certify that I maintain adequate professional liability insurance and will continue to do so, and in addition, that I agree to indemnify the Program and the County of Erie from any liability associated with any claims of malpractice that may be brought against me with respect to any and all cases on which I provide representation through the Program.

Please acknowledge the general terms: *

I have read, understand and agree to the above terms and conditions.

I do not agree to the above terms and conditions. I do not wish to be a member of the Assigned Counsel Panel this year and will not accept assignments.

It is not necessary to submit a written copy of this application.

By Clicking "Submit", below, you agree to all terms and conditions set forth above and affix your electronic signature hereto.

v.3.0.JQA.

v.1.6.F

None	$50	$100	$150	$200	$250	$500	$1000
Other Other

10%	20%	30%	40%	50%
60%	70%	80%	90%	100%

NONE	10%	20%	30%	40%
50%	60%	70%	80%	90%
100%

NONE	10%	20%	30%	40%
50%	60%	70%	80%	90%
100%

Not Applicable	Abuse and Neglect	Paternity
Support	Family Offense	Custody and Visitation
Integrated Domestic Violence	Appeals to Fourth Dept.

No Changes	Not Applicable	Abuse and Neglect
Paternity	Support	Family Offense
Custody and Visitation	Integrated Domestic Violence	Appeals to Fourth Dept.

Not Applicable	Violations and Misdemeanors	D and E Felonies
Violation of Probation (Any Level)	Parole Revocation	Parole Appeals
Appeals: County Court	Appeals: 4th Department	C Felonies
B Felonies	A Felonies (Not Homicide)	Homicide
Co-Counsel

Not Applicable	No Change	Violations and Misdemeanors
D and E Felonies	Violation of Probation (Any Level)	Parole Revocation
Parole Appeals	Appeals: County Court	Appeals: 4th Department
C Felonies	B Felonies	A Felonies (Not Homicide)
Homicide	Co-Counsel

None	Attorney of the Day: Local Courts	Attorney of the Day: Treatment/Drug Courts
Attorney of the Day: Supreme and County	Attorney of the Day: Youth Part	Attorney On Call: Buffalo City Adolescent Offenders
Attorney On Call: Region A	Attorney On Call: Region B	Attorney On Call: Region C
Attorney On Call: Region D	Attorney On Call: Region E	Attorney On Call: Region F