N.Y. Mental Hygiene Law § 47.01: Mental hygiene legal service

§ 47.01 Mental hygiene legal service.

(a) There shall be a mental hygiene legal service of the state in each

judicial department. The service shall provide legal assistance to

patients or residents of a facility as defined in section 1.03 of this

chapter, patients or residents of residential healthcare facilities

licensed and operating pursuant to article twenty-eight of the public

health law who have been admitted directly from a facility as defined in

section 1.03 of this chapter and who have a serious mental illness as

defined in section 1.03 of this chapter and are receiving services

related to such illness, or any other place or facility which is

required to have an operating certificate pursuant to article sixteen or

thirty-one of this chapter, and to persons alleged to be in need of care

and treatment in such facilities or places, and to persons entitled to

such legal assistance as provided by article ten of this chapter. The

head of such service in each judicial department and such assistants and

such staff as may be necessary shall be appointed and may be removed by

the presiding justice of the appellate division of the judicial

department. Appointments and transfers to the service shall comply with

the provisions of the civil service law. Standards for qualifications of

the personnel in the service shall be established by the presiding

justice of the appellate division of the judicial department. The

presiding justice of the appellate division of the judicial department

shall promulgate such rules or regulations as may be necessary to

effectuate the purposes of this article.

(b) No court, judge or justice exercising responsibility for the

administration of the courts pursuant to section twenty-eight of article

six of the constitution shall be disqualified in any judicial proceeding

brought pursuant to this article solely by reason of the fact that

administrative responsibilities with respect to the service are imposed

herein.