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,  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.