About the Program
The New York State Bar Association’s Committee on Courts of Appellate Jurisdiction established the Pro Bono Appeals Program to address the needs of litigants in state appellate courts who cannot afford to hire appellate counsel and do not qualify for assigned representation. In collaboration with Columbia Law School’s Appellate Litigation Clinic, the program serves individuals within the First and Second Judicial Departments.
- Representation is available in selected civil appeals involving civil legal issues, such as family stability, personal safety, or subsistence income.
- Individuals must apply to the program.
- The Appellate Litigation Clinic contributes legal expertise, community outreach, and administrative coordination to facilitate connecting individuals with potential pro bono counsel.
- The program does not provide representation in criminal matters.
Priority will be given to applicants who do not qualify for assigned counsel or other public defender. However, acceptance into the program is not guaranteed, nor is the availability of pro bono representation. Prospective applicants are therefore encouraged to continue seeking legal counsel independently.
Program Criteria
The program welcomes referrals from agencies and attorneys for clients who meet the following criteria:
- The client seeks representation in an appeal of a trial court order or judgment to the Appellate Division, First or Second Department.
- The trial litigation occurred in a county within the First Department (Bronx, New York) or Second Department (Richmond, Kings, Queens, Nassau, Suffolk, Westchester, Dutchess, Orange, Rockland, and Putnam)
- The applicant’s income is less than 100% of the Area Median Income for the New York City region.
- The appeal presents an issue in a civil appeal (i.e., we cannot assist in criminal appeals).
Application Process for Prospective Clients
Prospective clients must complete the Appeals Program application form, ideally in collaboration with the referring attorney or program. All application materials and related discussions will remain confidential and will be used exclusively to assess case eligibility and assign appellate counsel.
Applicant Selection
- All applications are screened for income and subject matter eligibility (see above).
- Following this review, applicants may receive notice that representation cannot be offered or may be contacted for additional information.
- Applications that do meet the initial criteria will be referred to the New York State Bar Association’s Committee on Courts of Appellate Jurisdiction for further evaluation.
- In coordination with the Appellate Litigation Clinic, the committee will determine which cases to accept based on a range of discretionary factors, including the legal issues presented, the merits of the appeal, the potential to establish valuable precedent, the program’s current caseload, and the availability of volunteer attorneys.
- If a case is accepted, the assigned attorney will contact the applicant directly. The client will then be asked to sign a retainer agreement outlining the scope of the free legal services to be provided and the appellate process to be followed.
If you have any questions about the application process or materials, please contact [email protected].