NEW YORK STATE SUPREME COURT

APPELLATE DIVISION, FOURTH DEPARTMENT

HONORABLE HENRY J. SCUDDER
PRESIDING JUSTICE
LAW GUARDIAN PROGRAM
ADMINISTRATIVE HANDBOOK
FOR ATTORNEYS FOR CHILDREN
Tracy M. Hamilton, Director
Law Guardian Program
New York State Supreme Court
Appellate 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.. . . 8
B. Judiciary Law section 35(3), (7). . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. County Law section 722-c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Regulations (22 NYCRR Part 1032). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Law Guardian Advisory Committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Liaison Representatives.................................................................................................21
Compensation and Reimbursement Guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1. Payment Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
2. Preparation of Vouchers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
a. Creating a New Voucher. . . . . . . . . . . . . . . . . . . . . . . . 27
b. Saving, Printing, and Submitting . . . . . . . . . . . . . . . . . . 32
c. Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
3. Expert Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4. 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 ......................................................................38
Attachments
Model Extraordinary Circumstances Affidavit............................................ 40
Model Order to Hire Expert........................................................................ 42
Voucher for Assigned Counsel, Psychiatrist or Physician (JC2020).......... 45
Minute Order Form .................................................................................... 46
Standard Voucher Form............................................................................. 47
1
TO: Attorneys for Children
Fourth Judicial Department
FROM: Tracy M. Hamilton
Law Guardian Program Director
RE: Administrative Handbook
On behalf of Hon. Henry J. Scudder, Presiding Justice of the Appellate Division, Fourth
Department, and the members of the Court, I thank you for your participation in the Law
Guardian Program.
The purposes of the Law Guardian Program are to ensure the highest quality of
representation of children and to administer the Program in a manner sensitive to local
needs. To accomplish these purposes we conduct training seminars designed to build
and sharpen your skills as an attorney for children and provide support through our
website 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 reimbursed
for your services and the reasonable expenses associated with the representation of
your clients. Additionally, the Law Guardian Programs of the four Appellate Divisions
collaborate in publishing the Law Guardian Reporter, a quarterly newsletter with timely
articles and digests of recent case law and legislative developments. Finally, we always
are available to answer questions and assist you in your work as an attorney for
children.
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 an
attorney 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 every
other aspect of your legal career.
2
GENERAL POLICY CONSIDERATIONS
Role of the Attorney for the Child
Historically, the definition of the role of the attorney for the child has engendered
a great deal of confusion. Many attorneys, and indeed many Judges, have viewed the
role 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 a
guardian ad litem. A guardian ad litem, who need not be an attorney, is appointed as
an arm of the Court to protect the best interests of a person under a legal disability. In
contrast, the role of the attorney for the child is to serve as a child's lawyer. The
attorney for the child has the responsibility to represent and advocate the child's wishes
and interests in the proceeding or action.
With regard to the role of the attorney for the child please carefully review the
Rule of the Chief Judge 7.2 and the Summary of Responsibilities of the Attorney for
the 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 which
you are appointed, you are presented with unique challenges. As an attorney for
children, however, you always should act in a manner consistent with proper legal
practice and should not assume the role of social worker, psychologist or advocate for
one of the parties. Although it may be tempting to step outside the role of counsel for
the child, particularly when the circumstances of the case are especially tragic, the rules
of good lawyering are as applicable to you as to any attorney in a civil proceeding or
action.
Examples of improper practices include:
! engaging in ex parte communications with the Judge without the
express approval of all parties
! communicating with the parties in the absence of their counsel
! requesting confidential documents without the proper authorization
of a party
! disclosing client confidences without the approval of the client. The
attorney for the child should avoid attributing to the child any
statements or recommendations regarding the ultimate disposition
of the case, unless the child has specifically authorized the law
guardian to do so and understands the possible implications
3
! the attorney for the child should not be a witness at any time during
the proceeding or action in any subsequent proceeding by the
same parties
Because trial courts vary with regard to their expectations of the attorney for the
child, you should define your role and ensure that your role is understood by your
client(s), the parties and their attorneys, as well as the Judge. We recognize that some
trial courts are not fully aware of the proper role of the attorney for the child and, in
some 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 role
of the attorney for the child.
4
Section 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 by
family court pursuant to section 249 of the Family Court Act, or by the supreme court or
a surrogate's court in a proceeding over which the family court might have exercised
jurisdiction had such action or proceeding been commenced in family court or referred
thereto.
(b) The attorney for the child is subject to the ethical requirements applicable to all
lawyers, including but not limited to constraints on: ex-parte communication; disclosure
of client confidences and attorney work product; conflicts of interest; and becoming a
witness in the litigation.
(c) In juvenile delinquency and person in need of supervision proceedings, where the
child 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 the
child must zealously advocate the childs position.
(1) In ascertaining the child's position, the attorney for the child must consult
with and advise the child to the extent and in a manner consistent with the childs
capacities, and have a thorough knowledge of the child's circumstances.
(2) If the child is capable of knowing, voluntary and considered judgment, the
attorney for the child should be directed by the wishes of the child, even if the
attorney for the child believes that what the child wants is not in the childs best
interests. The attorney should explain fully the options available to the child, and
may recommend to the child a course of action that in the attorney's view would
best promote the child's interests.
(3) When the attorney for the child is convinced either that the child lacks the
capacity for knowing, voluntary and considered judgment, or that following the
childs wishes is likely to result in a substantial risk of imminent, serious harm to
the child, the attorney for the child would be justified in advocating a position that
is contrary to the childs wishes. In these circumstances, the attorney for the
child must inform the court of the childs articulated wishes if the child wants the
attorney to do so, notwithstanding the attorney's position.
(effective October 17, 2007)
5
Summary of Responsibilities of the Attorney for the Child
While the activities of the attorney for the child will vary with the circumstances of
each 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 the
appointment;
(2) Contact, interview and provide initial services to the child at the earliest
practical opportunity, and prior to the first court appearance when feasible;
(3) Consult with and advise the child regularly concerning the course of the
proceeding, maintain contact with the child so as to be aware of and respond to
the child's concerns and significant changes in the childs circumstances, and
remain accessible to the child;
(4) Conduct a full factual investigation and become familiar with all information
and documents relevant to representation of the child. To that end, the lawyer for
the child shall retain and consult with all experts necessary to assist in the
representation of the child.
(5) Evaluate the legal remedies and services available to the child and pursue
appropriate 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 and
agencies to monitor implementation of the dispositional and permanency orders,
and seek intervention of the court to assure compliance with those orders or
otherwise protect the interests of the child, while those orders are in effect; and
(8) Evaluate and pursue appellate remedies available to the child, including the
expedited relief provided by statute, and participate actively in any appellate
litigation pertaining to the child that is initiated by another party, unless the
Appellate Division grants the application of the attorney for the child for
appointment of a different attorney to represent the child on appeal.
[Approved by the Statewide Law Guardian Advisory Committee 4-20-2007]

6
LAW GUARDIAN PROGRAM
APPELLATE DIVISION, FOURTH DEPARTMENT
ADMINISTRATIVE OFFICES
Mailing Address
Law Guardian Program
New York State Supreme Court
Appellate Division, Fourth Department
50 East Avenue, Suite 304
Rochester, New York 14604
Deliveries (UPS, Federal Express, etc.)
New York State Supreme Court
Appellate Division, Fourth Department
50 East Avenue
Rochester, New York 14604
Telephones
Main Office 585-530-3170
Tracy M. Hamilton 585-530-3176
Director
E-Mail Address thamilto@courts.state.ny.us
Christine A. Constantine 585-530-3178
Assistant Director
E-Mail Address cconstan@courts.state.ny.us
Carol J. Howell 585-530-3172
Court Analyst
Jennifer Nealon 585-530-3177
Court Analyst
Lisa Merritt 585-530-3171
Assistant Court Analyst
Joan Bell 585-530-3179
Junior Court Analyst
Sara Andrews 585-530-3173
Junior Court Analyst
E-Mail Address sbandrew@courts.state.ny.us
Fax 585-530-3175
Appellate Division 585-530-3100
Clerk's Office
7
STATUTORY PROVISIONS
RELATING TO
LAW GUARDIAN REPRESENTATION
Family Court Act sections 241, 242, 245, 249, and 249-a, inter alia, set forth the
findings and purpose underlying the legislation authorizing law guardian (attorney for
the child) appointments, the definition of law guardian, and cases where the
appointment 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 a
law guardian (attorney for the child) is appointed in Family Court, Supreme Court or
Surrogates Court.
Under County Law 722-c the court may authorize an attorney to obtain expert
services.
8
FAMILY 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 or
appeals in proceedings originating in the family court should be represented by counsel
of their own choosing or by law guardians. This declaration is based on a finding that
counsel is often indispensable [sic] to a practical realization of due process of law and
may be helpful in making reasoned determinations of fact and proper orders of
disposition. This part establishes a system of law guardians for minors who often
require the assistance of counsel to help protect their interests and to help them
express their wishes to the court. Nothing in this act is intended to preclude any other
interested person from appearing by counsel.
242. Law guardian.
As used in this act, "law guardian" refers to an attorney admitted to practice law in the
state of New York and designated under this part to represent minors pursuant to
section 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 in
proceedings 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 a
county is located may, upon determining that a county panel designated pursuant to
subdivision (c) of this section is not sufficient to afford appropriate law guardian
services, enter into an agreement, subject to regulations as may be promulgated by the
administrative board of the courts, with any qualified attorney or attorneys to serve as
law guardian or as law guardians for the family court or appeals in proceedings
originating in the family court in that county.
(c) The appellate division of the supreme court for the judicial department in which a
county is located may designate a panel of law guardians for the family court and
appeals in proceedings originating in the family court in that county, subject to the
approval of the administrative board of the courts. For this purpose, it may invite a bar
association to recommend qualified persons for consideration by the said appellate
division making its designation, subject to standards as may be promulgated by such
administrative board.
245. Compensation.
9
(a) If the office of court administration proceeds pursuant to subdivision (a) of section
two hundred forty-three of this chapter, the agreement shall provide that the society
shall be reimbursed on a cost basis for services rendered under the agreement. The
agreement shall contain a general plan for the organization and operation of the
providing of law guardians by the respective legal aid society, approved by the said
administrative board, and the office of court administration may require such reports as
it deems necessary from the society.
(b) If an appellate division proceeds pursuant to subdivision (b) of such section two
hundred forty-three, the agreement may provide that the attorney or attorneys shall be
reimbursed on a cost basis for services rendered under the agreement. The agreement
shall contain a general plan for the organization and operation of the providing of law
guardians by the respective attorney or attorneys, and the appellate division may
require such reports as it deems necessary from the attorney or attorneys.
(c) If an appellate division proceeds pursuant to subdivision (c) of such section two
hundred forty-three, law guardians shall be compensated and allowed expenses and
disbursements 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 an
adoption consent is opposed under section one hundred fifteen-b of the domestic
relations law or in any proceeding under section three hundred eighty-four-b of the
social services law, or under section three hundred ninety-two of such law in the case of
a child freed for adoption for a period of six months and not placed in a prospective
adoptive home or in the case of a child freed for adoption and placed in a prospective
adoptive home and no petition for adoption has been filed twelve months after
placement, or when a minor is sought to be placed in protective custody under section
one hundred fifty-eight, the family court shall appoint a law guardian to represent a
minor who is the subject of the proceeding or who is sought to be placed in protective
custody, if independent legal representation is not available to such minor. In any
proceeding to extend or continue the placement of a juvenile delinquent or person in
need of supervision pursuant to section seven hundred fifty-six or 353.3 or any
proceeding to extend or continue a commitment to the custody of the commissioner of
mental health or the commissioner of mental retardation pursuant to section 322.2, the
court shall not permit the respondent to waive his right to be represented by counsel
chosen by him or his parent or other person legally responsible for his care, or by a law
guardian. In any other proceeding in which the court has jurisdiction, the court may
appoint a law guardian to represent the child, when, in the opinion of the family court
judge, such representation will serve the purposes of this act, if independent legal
counsel is not available to the child. The family court on its own motion may make such
appointment.
10
(b) Notwithstanding any other provision of law, a proceeding under article three
following an order of removal made pursuant to article seven hundred twenty-five of the
criminal procedure law, the court shall, wherever practicable, appoint the counsel
representing 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 supervision
proceeding shall be presumed to lack the requisite knowledge and maturity to waive the
appointment of a law guardian. This presumption may be rebutted only after a law
guardian has been appointed and the court determines after a hearing at which the law
guardian appears and participates and upon clear and convincing evidence that (a) the
minor understands the nature of the charges, the possible dispositional alternatives and
the possible defenses to the charges, (b) the minor possesses the maturity, knowledge
and intelligence necessary to conduct his own defense, and (c) waiver is in the best
interest of the minor.
11
JUDICIARY LAW
35. Assignment of counsel to indigent persons and appointment of physicians in
certain proceedings
* * *
3. No counsel assigned pursuant to this section shall seek or accept any fee for
representing the person for whom he is assigned without approval of the court as herein
provided. Whenever it appears that such person is financially able to obtain counsel or
make partial payment for the representation, counsel may report this fact to the court
and the court may terminate the assignment or authorize payment, as the interests of
justice may dictate, to such counsel. Counsel assigned hereunder shall at the
conclusion of the representation receive compensation at a rate of seventy-five dollars
per hour for time expended in-court, and seventy-five dollars per hour for time
reasonably expended our-of-court, and shall receive reimbursement for expenses
reasonably incurred. For representation upon a hearing, compensation and
reimbursement shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed four thousand four hundred dollars. For representation
in an appellate court, compensation and reimbursement shall be fixed by such court
and such compensation shall not exceed four thousand four hundred dollars. In
extraordinary circumstances the court may provide for compensation in excess of the
foregoing limits.
* * *
7. Whenever the supreme court or a surrogate's court shall appoint counsel in a
proceeding over which the family court might have exercised jurisdiction had such
action or proceeding been commenced in family court or referred thereto pursuant to
law, and under circumstances whereby, if such proceeding were pending in family
court, such court would be authorized by section two hundred forty-nine of the family
court act to appoint a law guardian, such counsel shall be compensated in accordance
with the provisions of this section.
12
COUNTY LAW
722-c. Services Other Than Counsel
Upon a finding in an ex parte proceeding that investigative, expert or other services are
necessary and that the defendant or other person described in 249 or 262 of the
Family Court Act or 407 of the Surrogate's Court Procedure Act, is financially unable
to obtain them, the court shall authorize counsel, whether or not assigned in
accordance with a plan, to obtain the services on behalf of the defendant or such other
person. The court upon a finding that timely procurement of necessary services could
not await prior authorization may authorize the service nunc pro tunc. The court shall
determine reasonable compensation for the services and direct payment to the person
who rendered them or to the person entitled to reimbursement. Only in extraordinary
circumstances may the court provide for compensation in excess of one thousand
dollars per investigative, expert or other service provided.
Each claim for compensation shall be supported by a sworn statement specifying the
time expended, services rendered, expenses incurred and reimbursement or
compensation 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 the
provision of the highest quality of representation for children and to administer the law guardian
program in a manner sensitive to local needs.
(b) The function of the law guardian office shall be to provide continuing administrative direction
to the law guardian program in the Fourth Judicial Department and to secure the cooperation of local
bar associations, law schools and governmental agencies in order to achieve the goal specified in
subdivision (a) of this section.
(c) The law guardian office shall be administered by a law guardian director who shall be
appointed by the Appellate Division and supervised by the presiding justice. The duties of the law
guardian director shall include but not be limited to the following:
(1) to administer the law guardian program office in accordance with the law and these
rules;
(2) with the approval of the presiding justice and in consultation with the departmental
advisory committee, to implement standards, guidelines and procedures for the improvement of the
law guardian program in the Fourth Judicial Department;
(3) in conjunction with local family courts, local bar associations, law schools or
any other competent organization and in consultation with the departmental advisory
committee, to provide a continuing program of law guardian training and education that will
allow applicant attorneys to satisfy requirements for designation to the panel, and to improve
and maintain the professional competence of attorneys serving as law guardians;
(4) to consult with the law guardian directors in the First, Second and Third
Judicial Departments and with the Office of Court Administration to coordinate the operation of
the programs in each department; and
(5) to prepare the annual report on the operation of the law guardian program in
the Fourth Department.
1032.2 Departmental advisory committee
(a) The presiding justice shall appoint a chairperson and the members of the
departmental 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 a
family 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 the
staff of the Appellate Division who shall be a nonvoting member and such other members as
the presiding justice deems necessary to enable the committee to perform the functions
specified in this section. The term of appointment shall be staggered and for a period of two
years subject to reappointment by the presiding justice.
(b) The departmental advisory committee may make recommendations to the presiding
justice and the law guardian director with respect to:
(1) training of law guardians;
(2) the promulgation of rules, standards and administrative procedures for
effective law guardian representation in the department;
(3) procedures necessary to insure that panel members are designated and
assigned in a fair and impartial manner, having regard to the nature and
difficulty of each case and the special qualifications of panel members; and
(4) procedures necessary to improve the operation thereof throughout the
department.
1032.3 Members of departmental advisory committee are volunteers.
Each member of the departmental advisory committee is a volunteer expressly
authorized 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 in
any other jurisdiction in which the attorney is admitted to the practice of
law;
(ii) has attended 12 hours of law guardian introductory training conducted by
the law guardian program; and
(iii) has obtained experience in law guardian representation by appearing
either as attorney of record, associate counsel or co-counsel for a party in
a minimum of three proceedings under article 3, article 6, article 7, or
article 10 of the Family Court Act; or has been found by a Family Court
judge to be well qualified by reason of education, training or substantial
trial experience
(2) Application. An attorney may, at any time, apply for membership on a county law
guardian panel in this department. Such application shall be in the form prescribed by the
Appellate 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 senior
Family Court judge.
(3) Action by the Family Court judge. The supervising or senior Family Court judge
shall review the application and take one of the following actions:
(i) When the judge determines that the attorney has met the eligibility
requirements of paragraph (1) of this subdivision and is otherwise
qualified to provide appropriate representation for children, the judge shall
approve the application and forward it for consideration by the Appellate
Division. If the judge finds the attorney to be well qualified under
subparagraph (1) (iii) of this subdivision, the judge shall submit the basis
of the finding in writing to the Appellate Division.
(ii) When the judge determines for good cause that an attorney should not
be designated as a law guardian panel member, the judge shall deny the
application and state the reason for the denial in writing. The attorney
may request reconsideration of such denial by the Appellate Division.
(4) Waiver of eligibility requirements. The Appellate Division may waive the eligibility
requirements set forth in subparagraphs (1) (ii) and (iii) of this subdivision when an attorney
requests 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 to
demonstrate clearly the ability to represent children effectively; provided,
however, that an attorney added to a law guardian panel based upon a
waiver granted pursuant to this paragraph must attend 12 hours of
introductory training conducted by the law guardian program within one
year of designation.
(5) Action by the Appellate Division. Upon receipt of the application and the
recommendation of the supervising or senior Family Court judge that an attorney be placed on
the 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 decision
and 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 been
found competent by the supervising judge of Family Court in those counties where the
supervising 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 is
obtained from the Appellate Division, attendance at an appropriate
educational and training program sponsored or cosponsored by another
New York State Judicial Department, bar association, law school or legal
aid society, may be substituted for training conducted by the law guardian
program; and
(ii) have been found competent by the supervising or senior Family Court
judge of the county upon consideration of the factors of law guardian
competency 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 be
assigned as a law guardian in any adjoining county in the Fourth Department and in any other
county 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 assignment
involves an ethical conflict of interest. Attorneys serving in the following positions or employed
by the following offices, if otherwise eligible for designation, shall disclose such employment to
the court: judge or justice of a city, town or village court; law clerk to a judge or justice; district
attorney; county attorney; and municipal corporation counsel. Attorneys serving in any of the
above positions or employed by any of the above offices, shall not be appointed as a law
guardian in proceedings in which, by virtue of such position or employment, they have similar
or equal subject matter jurisdiction or, in the county in which they are employed, the office in
which they are employed participates as a party.
(c) Removal from law guardian panel. An attorney may request that his or her name be
removed from a law guardian panel. Upon receipt of such request, the Appellate Division shall
remove the attorneys name from the panel. A Family Court judge, Supreme Court justice or
surrogate may, at any time, recommend to the Appellate Division the removal of an attorneys
name from a law guardian panel for good cause, including, but not limited to, misconduct, lack
of diligence in performing law guardian assignments, or unwillingness to serve. An attorney
whose name appears on a law guardian panel for two consecutive years and who has not
served 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 an
annual 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 children
in proceedings wherein compensation is authorized pursuant to Judiciary Law 35 (7) shall be
made from the panel designated pursuant to subdivision 1032.4.
1032.6 Compensation
(a) A law guardian seeking compensation for services rendered pursuant to Family
Court Act 245 shall submit a claim for approval to the Family Court on forms authorized by
the Chief Administrator of the Courts. The Family Court shall certify the claim, subject to
appropriate modifications, and shall forward the claim to the Appellate Division for approval
and certification to the Comptroller for payment. When a claim is received by the Appellate
Division more than 90 days after the law guardian has completed the assignment, the law
guardian shall provide an affidavit stating that the law guardian has not been paid for the
services rendered, that a claim has not been submitted previously, and the reasons why the
claim was not received within the 90-day period. The Appellate Division may, in the exercise
of 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 and
Judiciary Law 35 shall not be approved absent a showing of extraordinary circumstances. A
law 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 were
rendered, the services rendered, the time expended, the expenses incurred and the facts that
would support a finding of extraordinary circumstances. Absent such an affidavit , a fee in
excess of the statutory limits shall not be approved.
(c) In determining whether there are extraordinary circumstances warranting
compensation in excess of the statutory limits, the Family Court and the Appellate Division
shall 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 extraordinary
circumstance.
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(d) When a law guardian anticipates that expenses, as authorized pursuant to Family
Court Act 245 and Judiciary Law 35, will exceed $300, the law guardian shall, before
incurring 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 Advisory
Committee to make recommendations to the Presiding Justice and Director regarding training
of attorneys for children and the promulgation of rules, standards and administrative
procedures for the improvement of the representation of the children in the Fourth
Department. The Advisory Committee also drafts practice guidelines and selects outstanding
attorneys 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 by
Honorable Michael F. Griffith, Wyoming Family Court Judge. The volunteer members of the
Advisory Committee meet on a regular basis.
NAME ADDRESS TELEPHONE
NUMBER
FAX NUMBER E-MAIL ADDRESS
Hon. Michael F. Griffith,
Chairman
Wyoming County Family Ct
147 North Main Street
Warsaw, NY 14569
585/786-3148 585/786-2818 mfgriffi@courts.state.ny.us
Michele A. Brown, Esq. Childrens Legal Center
438 Main Street, Suite 200
Buffalo, NY 14202
716/332-0990 716/332-0997 mibrown@childrenslegalc
enter.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 Court
1 Niagara Plaza
Buffalo, NY 14202
716/845-7484 716/858-7115 kmcarter@courts.state.ny.
us
Bert R. Dohl, Esq. 107 Main Street
Salamanca, NY 14779
716/945-3060
James S. Hinman, Esq. 16 East Main Street
Suite 260
Rochester, NY 14614
585/325-6722 585/325-4496 jshatty@frontiernet.net
Hon. Dennis M. Kehoe Wayne County Family Court
54 Broad Street, Suite 106
Hall of Justice
Lyons, 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 Services
The Atrium, Suite 350
2 Clinton Street
Syracuse, NY 13202
315/423-1200 9250zz@dfa.state.ny.us
Prof. Susan Vivian
Mangold
University of Buffalo School
of Law
614 O'Brian Hall
Buffalo, NY 14260
716/645-2428 716/645-2900 svm@buffalo.edu
Patricia L. Morgan,
Deputy Clerk, ex officio
Appellate Division, 4 Dept.
Th
M. Dolores Denman
Courthouse
50 East Avenue
Rochester, 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 1602
Buffalo, NY 14203
716/853-9555 716/853-3219 pneubeck@legalaidbuffalo
.org
Hon. John F. O'Donnell Erie County Supreme
92 Franklin Street
Buffalo, NY 14202
716/851-3373 716/845-9486 jodonnel@courts.state.ny.
us
Edward Orlando, Esq. Chief Law Guardian
Legal Aid Society
1 W. Main Street, Suite 800
Rochester, NY 14614
585/232-4090 585/232-2352 eorlando@lasroc.org
Hon. Elizabeth Pine M. Dolores Denman
Courthouse
50 East Avenue
Rochester, NY 14604
585/530-3210 585/530-3245 epine@courts.state.ny.us
Hon. Janice M. Rosa Erie County Supreme Court
1 Niagara Plaza
Buffalo, NY 14202
716/845-9489 716/858-8102 jrosa@courts.state.ny.us
Eleanor W. Wertimer,
Esq.
7140 College Hill
Clinton, NY 13323
315/853-2706 315/853-3652 swertime@hamilton.edu
Scott W. Westervelt, Esq. 320 Hall of Justice
Rochester, NY 14614
585/428-5890 585/428-2704
Lucia Whisenand, Esq. 440 East Washington 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 suggestions
and feedback from panel members on an annual basis. Additionally, the Director and Assistant
Director depend on the liaisons to bring issues regarding attorneys for children to the attention of
the Program and to disseminate information of interest to attorneys for children in their counties.
ALLEGANY COUNTY Annette M. Harding, Esq.
P.O. Box 411
Wellsville, NY 14895
CATTARAUGUS COUNTY Bert R. Dohl, Esq.
107 Main Street
Salamanca, NY 14779
CAYUGA COUNTY Roberta G. Williams, Esq.
11 Court Street
Auburn, NY 13021
CHAUTAUQUA COUNTY Michael J. Sullivan, Esq.
P.O. Box 182
Fredonia, NY 14063
ERIE COUNTY M. Kim Babat, Esq.
460 Franklin Street
Buffalo, NY 14202
GENESEE COUNTY Catherine Monachino, Esq.
45 Church Street
Elba, NY 14058
HERKIMER COUNTY Karl E. Manne, Esq.
107 Court Street
Herkimer, NY 13350
JEFFERSON COUNTY Sue Sovie, Esq.
200 Washington Street, Suite 301
Watertown, NY 13601
LEWIS COUNTY Susan Kraeger, Esq.
6725 McAlpine Street
Lyons Falls, NY 13368
LIVINGSTON COUNTY Jessica Reynolds-Amuso, Esq.
5579 Avon Lima Road, PO Box 190
Avon, NY 14414
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MONROE COUNTY Kimberly W. Weisbeck, Esq.
3349 Monroe Avenue, Suite 288
Rochester, NY 14618
NIAGARA COUNTY Thomas J. Caserta, Esq.
800 Main Street, Ste 4C
P.O. Box 725
Niagara Falls, NY 14302
ONEIDA COUNTY Theresa Girouard, Esq.
225 N.Washington Street, P.O. Box 4632
Rome, NY 13442
ONONDAGA COUNTY Marsha A. Hunt, Esq.
The Monroe Building, 5th Floor
333 East Onondaga Street
Syracuse, NY 13202
ONTARIO COUNTY Susan Jones
21 Sly Street
Canandaigua, NY 14424
ORLEANS COUNTY Charles Plovanich, Esq.
17 State Street, Suite 400
Rochester, NY 14614
OSWEGO COUNTY Joseph G. Rodak, Esq.
55 W. Second Street
Oswego, NY 13126
SENECA COUNTY Nancy M. Lord, Esq.
40 Canal Street, P.O. Box 86
Lyons, NY 14489
STEUBEN COUNTY Sally A. Madigan, Esq.
34 Warden Street, PO Box 214
Bath, NY 14810
WAYNE COUNTY Robert DiNieri, Esq.
47 Glasgow Street
Clyde, NY 14433
WYOMING COUNTY Teresa Kowalczyk, Esq.
30 Park Street
Warsaw, NY 14569
YATES COUNTY Dianne S. Lovejoy, Esq.
126 Main St., P.O. Box 412
Penn 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 Court
Administration, the four Law Guardian Programs and their respective tech units have
completed the majority of work on the Internet Voucher System. In the following pages,
you will find compensation and reimbursement guidelines, and also step-by-step
instructions on how to use the system, and how to submit the voucher through the
internet system.
The new system will further expedite payments and attorneys for children will be able to
track voucher payments.
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COMPENSATION AND REIMBURSEMENT GUIDELINES
(B) Law Guardian Payment Policies
A. Compensation for legal services
1. Panel membership required
a) An attorney must be a member of a county law guardian panel to be
compensated by the Appellate Division Law Guardian Program for
representing a child in Family, Supreme or Surrogate's Court.
b) Panel members must comply with the attorney registration
requirements of Judiciary Law 468-a, and are expected to notify the
OCA Attorney Registration Unit and update their Law Guardian
Internet Voucher System (LGIV) profile of any change of contact
information.
2. Time records
a) Attorneys for children must maintain sufficient time records to ensure
that vouchers submitted reasonably and accurately reflect services
provided to law guardian clients.
b) All law guardian vouchers are subject to audit both before and
after 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 time
a) 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 courtroom
or in chambers;
ii. Time spent in a court-ordered conference at court facilities in
conjunction with an appearance, whether or not the judge is
present.
c) All other time expended in representing a law guardian client, including
time spent at court facilities for purposes other than an appearance
before a judge, e.g. reviewing files, meeting with client, is out-of-court
time.
d) The maximum claim for in-court and out-of-court services for one
day is eight hours, unless the voucher is accompanied by a brief
statement setting forth a reason the greater time was required.
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5. Representation in collateral matters
a) An attorney for the child may be compensated for representation of a
client in a legal or administrative matter collateral to the court
proceeding for which the attorney for the child was assigned when:
i. The collateral matter arises from the same circumstances as
the assigned court proceeding; and
ii. Representation by the attorney for the child in the collateral
matter is required to assure the most favorable outcome for the
client in the assigned court proceeding.
6. Voucher preparation
a) Attorneys for children may not charge for time spent preparing law
guardian vouchers or affirmations for the voucher.
7. Double-billing
a) Double-billing is the practice of rendering legal services on multiple
cases in a given period, and then requesting payment for the entire
period on the voucher for each case. For example, waiting at court one
hour for two cases to be called, and then requesting payment for one
hour for each case, would be double-billing. Another example is
charging travel time to court for each case when the attorney for the
child appears in court on more than one case.
(B) Expenses of Representation
1. 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 and
Lexis) and facsimile transmission (fax) charges are considered office
overhead costs, and will not be reimbursed, although associated long
distance 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 of
miles 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. Transcripts
Transcript charges > $300 must be approved by the Law Guardian Program.
4. Miscellaneous expenses
a) 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 a
maximum of $15.00.
c) Reimbursement claims for more than $15.00 must be documented by receipt
or some other proof of payment.
d) No reimbursement for printing of records and briefs (they should be
copied).
5. Expert services--see section IV below.
II. Preparation of Law Guardian Vouchers
A. Introduction
1. Submission of voucher required
a) To receive compensation for legal services to a client, unless an
attorney for children has received an exemption s/he must have
access to the Law Guardian Internet Voucher System (LGIV). In order
to attain access you must obtain a user name and register your on-line
account. If you do not have a user name, please call the Law Guardian
Program.
2. When to submit vouchers
a) 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 as
soon as possible after the proceeding has concluded.
ii. If the voucher is submitted on the LGIV more then 90 days from
the last activity date, a warning will appear with the exact
number of days that the voucher is overdue. In such cases you
must complete an affirmation that will be available online.
iii. The Law Guardian Program reserves the right to reject or to
request additional documentation to support any claim for
compensation received more than 90 days after the completion
of services.
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c) Interim vouchers
i. With prior approval of the Law Guardian Program, an interim
voucher may be submitted during the pendency of a proceeding
of extraordinary duration where the attorney for the child has
expended a substantial amount of time; or at the disposition
phase of a case where permanency hearings are mandatory; or
where another attorney is substituted in the case.
ii. Please make your interim voucher request to the Director of the
Law Guardian Program. Have your LGIV document ID number
available in the event your request is granted. The document ID
number can be found on the Open Dockets screen.
d) Supplemental vouchers
i. With the prior approval of the judge presiding, a supplemental
voucher may be filed when additional legal services are
required after the conclusion of a proceeding, such as
monitoring implementation of the dispositional order.
e) Supplemental affirmation
i. If you do not meet with your client, you must submit an
affirmation setting forth the reason. The affirmation form will be
available online.
3. A trial court action and a subsequent appeal are regarded as separate
proceedings, requiring preparation and submission of separate vouchers.
4. Cases that start in Family Court and are transferred to IDV court are regarded
as separate proceedings, requiring preparation and submission of separate
vouchers.
B. Voucher preparation instructions
Please Note: Before using the system for the first time, refer to the videos available on the
Law 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, and
D) 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 at
th
www.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 password
link 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 link
that will take you to a page where you will be informed of your user
name/user id and you will be able to create a password and challenge
question.
b) The password that you choose must be 6-10 characters in length. It must
also contain at least one upper case letter, one lower case letter, and a
number or character (Example: Sara123). It cannot be a password that you
used previously.
c) The first time you log in, you must check your law guardian profile by clicking
on the LG Profile button to ensure that all your information is correct. In the
event your profile changes, make changes as soon as possible. Your check
will be sent to your profile address and your federal i.d. number or social
security 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 on
Find 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 # and
click 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 and
Custody
(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 Dependantss
Law
(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 and
come back to it later. (Example: Joint legal custody, physical custody to
petitioner, visitation to respondent.)
e) Select the dockets that you want to voucher from the Available Dockets list
by clicking on the docket(s) and clicking on the select button.
f) Once the docket(s) have been selected, click on the Continue with Activities
button.
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 Documents
B - Client Interview
C - Travel
D - Correspondence
E - Legal Drafting
F - Legal Research
G - Investigation
H - All Other
In-court codes:
J - Initial Appearance
K - Pre-trial Hearings
L - Fact Finding
M - Disposition
N - All Other
Expense Codes:
P - Expenses
Q - 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 activity
codes:
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 right
hand 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 the
Submit 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 have
the option to group them together as one charge, or you may charge them
separately.
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 one
expense, 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 require
affirmations.
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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 to
go back to entering activities. Click on Pre-view Affirmation to see a .pdf of
the affirmation.
e) When you submit the voucher and affirmations for payment, you will see a
screen with the list of warnings and the reasons entered. You must verify that
all warnings are explained by clicking on the checkmark box next to the
warning. You will not be able to submit until all warnings are explained and
checked 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 at
another date.
b) To continue work on a saved voucher, go to the Open Vouchers button on
the 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 Activity
Page 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 is
complete as you will not be able to return to make any changes.
11. Reports and Extracts
You may access a number of different reports. Click on the Reports and Extracts
button, and select the report you want from the drop down menu.
a) Attorney Assignment Report
i. 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 sheet
program, 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 your
own spread sheet program.
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c) Submitted Voucher Report
I. 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 the
voucher.
ii. To search for a voucher, enter a date range of up to 30 days between
where 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 the
payment process by looking across the row. Submitted, means the
voucher is still with the court or the Appellate Division. If OCS has
received it, the check date will appear.
v. To print out a hard copy of the voucher, click on the clients name so
that it is highlighted. Click on print preview voucher and a new screen
will appear from which you may print.
d) Un-vouchered Dockets
i. 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 has
been 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., the
characteristics of the case that necessitated an expenditure of time
resulting in a claim in excess of the statutory limit. Such factors may
include:
i. Complex factual issues; e.g., mutual allegations of serious wrongdoing
by bitterly hostile parties in a custody proceeding, requiring extensive
investigation and intervention by the law guardian;
ii. Complex legal issues; e.g., evidentiary considerations surrounding the
forensic 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 one
year.
b) This listing is not intended to be exhaustive. However, the affidavit should not
merely reiterate that the time claimed in the voucher was expended, but
rather should describe briefly the factual and/or legal circumstances involved
in that required the expenditure of that time.
c) The limit applies only to claimed compensation, not to expenses of
representation. If the voucher total minus expenses of representation is less
than 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 and
submitted to the Law Guardian Program. Include a copy of the voucher, the
brief and the Appellate Division decision/order.
III. Expert Services
A. The Law Guardian Program has authority to pay reasonable expenses of
representations, i.e., compensate non-lawyer experts, such as investigators,
physicians, mental health professionals and social workers for services to law
guardian clients that are necessary to assure effective representation. The Law
Guardian Program prefers that you use the model order for expert services.
B. Authorization and Allocation - If the expert fee will be greater than $1000, you
must obtain authorization by e-mail or telephone to the Director or Assistant
Director of the Law Guardian Program.
1. Services to the Child Only
i. The Law Guardian Program is responsible for the full cost of expert
services provided solely to a client.
2. Services to the Child and Participants Jointly
i. The Law Guardian Program is responsible for a proportionate share of
the cost of expert services when those services are provided jointly to
a 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 the
participants.
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3. Services Not Reimbursable
The Law Guardian Program is not authorized to pay for expert services
to participants in a proceeding other than the client, or for services
unrelated to the clients representation, such as treatment or
counseling.
4. Compensation Guidelines
The Chief Administrator of the Courts has adopted the following hourly rates
as guidelines for payment of non-lawyer professionals under Judiciary Law
35 and County Law 722-c:
i. Psychiatrist $125.00
ii. Certified Psychologist $ 90.00
iii. Physician $200.00
iv. Certified Social Worker $ 45.00
v. Licensed Investigator $ 32.00
C. Payment to the Expert Service Provider:
a) The expert is compensated directly by the Law Guardian Program after
services 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 which
services were rendered, including the date, the time expended, and a
brief summary of the services provided, including the name of the
individual to whom the services were rendered; and
iii. submits the original and one copy of the voucher and supporting
documentation to the trail court for endorsement by judge and
transmittal 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 trial
or an appeal by using the New York State Law Guardian Minute Order Form. The
stenographer/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 for
poor person relief is not required.
An attorney for the child should obtain a Minute Order Form from the Family Court Clerks
Office 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 Form
and 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 and
returns the remaining copies to the attorney for the child for transmittal to the
stenographer/transcriber;
C. Upon receiving the form with the judges endorsement, the
stenographer/transcriber prepares two certified copies of the transcript. One
copy is to be filed with the Family Court Clerk, and the second copy is
delivered to the attorney for the child;
D. When the transcript is delivered, the attorney for the child endorses the
appropriate portion of the form;
E. The stenographer/transcriber retains a copy of the form and forwards the
remaining copies, together with a completed Standard Voucher to the Law
Guardian Program for review and payment. Vouchers are available from the
Family 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 Appellate
Division, Fourth Department, require that attorneys for children receive introductory training and
continuing legal education to remain eligible for law guardian assignments. The Law Guardian
Program conducts a series of seminars each year to assist attorneys for children in meeting these
requirements. 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 Guardian
website. At the time of this publication, all seminars, including reference materials and meals, are
provided at no cost to attorneys for children.
The Appellate Division, Fourth Department has been approved by the New York State
Mandatory Continuing Legal Education Board as an accredited provider of continuing legal
education. Seminars conducted by the Law Guardian Program may be credited toward
compliance with the states continuing legal education requirements, as well as with the Appellate
Divisions rules on law guardian training and education.
II. Law Guardian Training and Education Requirements
A. Introductory Training
1. 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 seminar
twice each year, usually in March and November. The seminar presents an
overview of all types of proceedings in which attorneys for children represent
children. So that prospective attorneys for children from throughout the
Department can participate, as of the time of this publication, the Law
Guardian Program will provide meals and lodging for those required to attend
from beyond commuting distance (80 miles each way) of the seminar
location.
B. Continuing Legal Education of Experienced Attorneys for Children
1. 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 must
have attended at least one continuing legal education program sponsored by
the Law Guardian Program within the previous two years.
2. To enable attorneys for children to meet this requirement, the Law Guardian
Program presents each year a one-day seminar on a matter of particular
interest 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 HANDBOOK
ATTACHMENTS
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MODEL AFFIDAVIT OF EXTRAORDINARY CIRCUMSTANCES
STATE OF NEW YORK
FAMILY 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 the
child 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 the
statutory limit because of unusual and extraordinary circumstances.
3. Deponent represented one child on a petition to modify a prior order of
custody.
4. Deponent expended significant in-court time on this matter. A full trial was
held 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 of
petitioner sexually abused his own children and the children of petitioner and
respondent. Because of the seriousness of the allegations and the potential for risk to
the child, deponent interviewed persons alleged to have knowledge of the alleged
abuse, i.e., Monroe County Department of Social Services, the childs prior attorney
from Erie County, the respondents former attorney in Erie County, and the respondents
former wife.
B) This case has had an extensive procedural history in Monroe and
Erie counties. Therefore, it was necessary for deponent to review the records and
orders 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 for
scheduled court dates and the resulting default orders entered against him.
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C) Both petitioner and respondent have suffered from serious mental
illness, which necessitated significant time to investigate the issue.
6. Deponent believes that the time expended was necessary and proper to
the representation of the child and was not excessive in light of the extraordinary
circumstances of the case.
WHEREFORE, deponent prays that fees and disbursements incurred as
reflected by the attached voucher dated January 30, 2007, be approved and certified by
Family Court, Monroe County.

Attorney for the Child
Subscribed and sworn to before me
this day of , 20___ .

Notary Public
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__________________________________
STATE OF NEW YORK
COUNTY 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 therefore
ORDERED 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 is
further
ORDERED that each party execute any and all consents that may be requested by
(experts name) in connection with the evaluation; and it is further
ORDERED 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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