§ 47.01 Mental hygiene legal service.\n (a) There shall be a mental hygiene legal service of the state in each\njudicial department. The service shall provide legal assistance to\npatients or residents of a facility as defined in section 1.03 of this\nchapter, patients or residents of residential healthcare facilities\nlicensed and operating pursuant to article twenty-eight of the public\nhealth law who have been admitted directly from a facility as defined in\nsection 1.03 of this chapter and who have a serious mental illness as\ndefined in section 1.03 of this chapter and are receiving services\nrelated to such illness, or any other place or facility which is\nrequired to have an operating certificate pursuant to article sixteen or\nthirty-one of this chapter, and to persons alleged to be in need of care\nand treatment in such facilities or places, and to persons entitled to\nsuch legal assistance as provided by article ten of this chapter. The\nhead of such service in each judicial department and such assistants and\nsuch staff as may be necessary shall be appointed and may be removed by\nthe presiding justice of the appellate division of the judicial\ndepartment. Appointments and transfers to the service shall comply with\nthe provisions of the civil service law. Standards for qualifications of\nthe personnel in the service shall be established by the presiding\njustice of the appellate division of the judicial department. The\npresiding justice of the appellate division of the judicial department\nshall promulgate such rules or regulations as may be necessary to\neffectuate the purposes of this article.\n (b) No court, judge or justice exercising responsibility for the\nadministration of the courts pursuant to section twenty-eight of article\nsix of the constitution shall be disqualified in any judicial proceeding\nbrought pursuant to this article solely by reason of the fact that\nadministrative responsibilities with respect to the service are imposed\nherein.\n
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