§ 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.