Selected statutes relevant to experts:
§ 35. Assignment of counsel to indigent persons and
appointment of physicians in certain proceedings
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3. No counsel assigned pursuant to this section shall seek or accept any
fee for representing the person for whom he or she is assigned without approval
of the court as herein provided. Whenever it appears that such person is financially
able to obtain counsel or make partial payment for the representation, counsel
may report this fact to the court and the court may terminate the assignment or
authorize payment, as the interests of justice may dictate, to such counsel.
Counsel assigned hereunder shall at the conclusion of the representation
receive compensation at a rate [fig 1] of seventy-five dollars per hour for
time expended in court, and [fig 2] seventy-five dollars per hour for time
reasonably expended out of court, and shall receive reimbursement for expenses
reasonably incurred [fig 3] . For representation upon a hearing, compensation
and reimbursement shall be fixed by the court wherein the hearing was held and
such compensation shall not exceed [fig 4] four thousand four hundred dollars.
For representation in an appellate court, compensation and reimbursement shall
be fixed by such court and such compensation shall not exceed [fig 5] four
thousand four hundred dollars [fig 6] . In
extraordinary circumstances the court may provide for compensation in excess of
the foregoing limits.
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Upon a finding in an ex parte proceeding
that investigative, expert or other services are necessary and that the
defendant or other person described in section two hundred forty-nine or
section two hundred sixty-two of the family court act, article six-C of the
correction law or section four hundred seven of the surrogate's court procedure
act, is financially unable to obtain them, the court shall authorize counsel,
whether or not assigned in accordance with a plan, to obtain the services on
behalf of the defendant or such other person. The court upon a finding that
timely procurement of necessary services could not await prior authorization
may authorize the services nunc pro tunc. The court shall determine reasonable compensation for
the services and direct payment to the person who rendered them or to the
person entitled to reimbursement. Only in extraordinary circumstances may the
court provide for compensation in excess of one thousand dollars per
investigative, expert or other service provider.
Each claim for compensation shall be supported by a sworn statement specifying
the time expended, services rendered, expenses incurred and reimbursement or
compensation applied for or received in the same case from any other source.
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