New York Order Assigning Counsel Pursuant To Judiciary Law Section 35(8) is a legal document issued by the court that assigns a lawyer to a person who is unable to afford representation in a criminal or civil case. This document is issued in cases where the defendant is facing potential incarceration or serious financial penalty, or when the defendant’s rights may be in jeopardy. There are two types of New York Order Assigning Counsel Pursuant To Judiciary Law Section 35(8): Mandatory Assignment of Counsel and Discretionary Assignment of Counsel. Mandatory Assignment of Counsel applies when a person faces potential incarceration or a serious financial penalty, or when their rights may be in jeopardy. Discretionary Assignment of Counsel applies when the court believes that the interests of justice require the appointment of counsel. The Order Assigning Counsel will specify the lawyer who is to be appointed and the scope of the representation.