N.Y. Education Law § 679-e: New York state district attorney and indigent legal services attorney loan forgiveness program

§ 679-e. New York state district attorney and indigent legal services

attorney loan forgiveness program. 1. Purpose. The president shall grant

student loan forgiveness awards for the purpose of increasing the number

of experienced attorneys serving in the position of district attorney or

indigent legal services attorney in the counties of the state.

2. Definitions. a. (i) "Eligible attorney" means an attorney, who is a

resident of and is admitted to practice law in New York state, who is

employed full-time as either a district attorney, as defined in

subparagraph (ii) of this paragraph, or an indigent legal services

attorney, as defined in subparagraph (iii) of this paragraph, who is

admitted to practice law in this state for not more than eleven years or

who was within the eligible period as defined in paragraph b of this

subdivision during the time for which such person is seeking a student

loan expense grant. Notwithstanding the foregoing, an eligible attorney

shall include those district attorney applicants who were awarded

program eligibility and who provided qualified service between April

first, two thousand eight and March thirty-first, two thousand eleven;

such an eligible attorney shall remain eligible to participate in the

program provided they are within an eligible period measured from six

years from the date which such attorney was first employed as a district

attorney.

(ii) "District attorney" means the district attorney of one of the

counties of the state or an employee of the office of any such district

attorney.

(iii) "Indigent legal services attorney" means an attorney who is an

employee of (A) any agency designated by subdivisions one and two of

section seven hundred twenty-two of the county law, who is engaged in

the practice of criminal law on behalf of persons charged with a crime

who are financially unable to obtain counsel; (B) a not-for-profit

corporation that is exempt from the payment of federal income taxes

pursuant to section 501(c)(3) of the internal revenue code and

established for the purpose of providing legal services that include

civil legal services to persons within New York state who are

financially unable to obtain counsel; or (C) an agency specified in

clause (A) of this subparagraph and/or a corporation specified in clause

(B) of this subparagraph and who provides a combination of the civil and

criminal services specified therein.

b. "Eligible period" means the six-year period after completion of the

third year and before the commencement of the tenth year of employment

as an eligible attorney. For purposes of this section, all periods of

time during which an admitted attorney was employed as an eligible

attorney and all periods of time during which a law school graduate

awaiting admission to the New York state bar was employed by a

prosecuting or criminal defense agency as permitted by section four

hundred eighty-four of the judiciary law shall be combined.

c. "Student loan expense" means the total loan balance required to be

paid by the eligible attorney on the cumulative total of the attorney's

outstanding student loans covering his or her cost of attendance at an

undergraduate institution and/or law school, at the time of the

attorney's first application for reimbursement. Interest paid or due on

such loans shall be considered eligible for reimbursement under this

program. For purposes of this calculation, the amount of the student

loan expenses shall be reduced by any grants, loan forgiveness, or

similar reductions to the attorney's indebtedness that the attorney has

received or shall receive, including, but not limited to, law school

loan forgiveness and public service scholarships.

d. "Year of qualified service" means the twelve month period measured

from the anniversary of the attorney's employment as an eligible

attorney, or as a law school graduate awaiting admission to the New York

state bar employed by a prosecuting or criminal defense agency as

permitted by section four hundred eighty-four of the judiciary law,

adjusted for any interruption in employment. Any period of temporary

leave from service taken by an eligible attorney shall not be considered

in the calculation of qualified service. However, the period of

temporary leave shall be considered an interruption in employment and

the calculation of the time period of qualified service shall recommence

when the eligible attorney returns to full time service.

3. Awards. a. An eligible attorney may apply for reimbursement after

the completion of each year of qualified service provided however that

reimbursement to each eligible attorney shall not exceed three thousand

four hundred dollars, per qualifying year, subject to appropriations

available therefor. The president may establish: (i) an application

deadline and (ii) a method of selecting recipients if in any given year

there are insufficient funds to cover the needs of all the applicants.

Awards shall be within the amounts appropriated for such purpose and

based on availability of funds.

b. An eligible attorney may apply after the completion of the fourth

year of qualified service, and annually thereafter after the completion

of the fifth through ninth year of qualified service, and may seek a

student loan expense grant for only the previous year of qualified

service within the time periods prescribed by the president. An eligible

attorney may receive student loan expense grants for no more than six

years of qualified service within an eligible period.

4. Rules and regulations. The president shall promulgate rules and

regulations for the administration of this program. The president may

promulgate rules and regulations to delegate to the entities employing

the eligible attorneys the responsibility to certify the employment

status and the student loan balance of the applicants.