§ 722. Plan for representation. The governing body of each county and\nthe governing body of the city in which a county is wholly contained\nshall place in operation throughout the county a plan for providing\ncounsel to persons charged with a crime or who are entitled to counsel\npursuant to section two hundred sixty-two or section eleven hundred\ntwenty of the family court act, article six-C of the correction law,\nsection four hundred seven of the surrogate's court procedure act or\narticle ten of the mental hygiene law, who are financially unable to\nobtain counsel. Each plan shall also provide for investigative, expert\nand other services necessary for an adequate defense. The plan shall\nconform to one of the following:\n 1. Representation by a public defender appointed pursuant to county\nlaw article eighteen-A.\n 2. In criminal proceedings, representation by counsel furnished by a\nprivate legal aid bureau or society designated by the county or city,\norganized and operating to give legal assistance and representation to\npersons charged with a crime within the city or county who are\nfinancially unable to obtain counsel. In proceedings under the family\ncourt act, representation by a private legal aid bureau or society, or\nby any corporation, voluntary association, or organization permitted to\npractice law under the authority of subdivision five of section four\nhundred ninety-five of the judiciary law.\n 3. (a) Representation by counsel furnished pursuant to either or both\nof the following: a plan of a bar association in each county or the city\nin which a county is wholly contained whereby: (i) the services of\nprivate counsel are rotated and coordinated by an administrator, and\nsuch administrator may be compensated for such service; or (ii) such\nrepresentation is provided by an office of conflict defender.\n (b) Any plan of a bar association must receive the approval of the\noffice of indigent legal services before the plan is placed in\noperation. In the county of Hamilton, representation pursuant to a plan\nof a bar association in accordance with subparagraph (i) of paragraph\n(a) of this subdivision may be by counsel furnished by the Fulton county\nbar association pursuant to a plan of the Fulton county bar association,\nfollowing approval of the office of indigent legal services. When\nconsidering approval of an office of conflict defender pursuant to this\nsection, the office of indigent legal services shall employ the\nguidelines it has heretofore established pursuant to paragraph (d) of\nsubdivision three of section eight hundred thirty-two of the executive\nlaw.\n (c) Any county operating an office of conflict defender, as described\nin subparagraph (ii) of paragraph (a) of this subdivision, as of March\nthirty-first, two thousand ten may continue to utilize the services\nprovided by such office provided that the county submits a plan to the\nstate administrator within one hundred eighty days after the\npromulgation of criteria for the provision of conflict defender services\nby the office of indigent legal services. The authority to operate such\nan office pursuant to this paragraph shall expire when the state\nadministrator (or, on or after April first, two thousand nineteen, the\noffice of indigent legal services) approves or disapproves such plan.\nUpon approval, the county is authorized to operate such office in\naccordance with paragraphs (a) and (b) of this subdivision.\n (d) For purposes of this subdivision, any plan of a bar association\napproved hereunder pursuant to this subdivision, as provided prior to\nApril first, two thousand nineteen, shall remain in effect until it is\nsuperseded by a plan approved by the office of indigent legal services\nor disapproved by such office.\n 4. Representation according to a plan containing a combination of any\nof the foregoing. Any judge, justice or magistrate in assigning counsel\npursuant to sections 170.10, 180.10, 210.15 and 720.30 of the cri
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