Excerpts of bill increasing 18-B attorney compensation. Material indicated in {brackets} in the
original bill has been deleted here.
----o0o---- S T A T E O F N E W Y O R K ________________________________________________________________________ S. 1406--B A. 2106--B
S E N A T E - A S S E M B L Y
January 29, 2003
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle
seven of the Constitution * * *
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY,
DO ENACT AS FOLLOWS:
* * *
PART J 44 Section 1. Subdivision 4 of section 722 of the county law, as amended
45 by chapter 682 of the laws of 1977, is amended to read as follows:
46 4. Representation according to a plan containing a combination of any
47 of the foregoing. Any judge, justice or magistrate in assigning counsel
48 pursuant to sections 170.10, 180.10, 210.15 and 720.30 of the criminal
49 procedure law, or in assigning counsel to a defendant when a hearing has
50 been ordered in a proceeding upon a motion, pursuant to article four
51 hundred forty of the criminal procedure law, to vacate a judgment or to
52 set aside a sentence OR ON A MOTION FOR A WRIT OF ERROR CORAM NOBIS, or
53 in assigning counsel pursuant to the provisions of section two hundred
54 sixty-two of the family court act or section four hundred seven of the
S. 1406--B 47 A. 2106--B
1 surrogate`s court procedure act, shall assign counsel furnished in
2 accordance with a plan conforming to the requirements of this section;
3 provided, however, that when the county or the city in which a county is
4 wholly contained has not placed in operation a plan conforming to that
5 prescribed in THIS SUBDIVISION OR subdivision three of this
6 section and the judge, justice or magistrate is satisfied that a
7 conflict of interest prevents the assignment of counsel pursuant to the
8 plan in operation, or when the county or the city in which a county is
9 wholly contained has not placed in operation any plan conforming to that
10 prescribed in this section, the judge, justice or magistrate may assign
11 any attorney in such county or city and, in such event, such attorney
12 shall receive compensation and reimbursement from such county or city
13 which shall be at the same rate as is prescribed in section seven
14 hundred twenty-two-b of this ARTICLE.
15 S 2. Section 722-b of the county law, as amended by chapter 317 of
16 the laws of 1987 and the opening paragraph as amended by chapter 453 of
17 the laws of 1999, is amended to read as follows:
18 S 722-b. Compensation and reimbursement for representation. 1. All
19 counsel assigned in accordance with a plan of a bar association conform-
20 ing to the requirements of section seven hundred twenty-two OF THIS
21 ARTICLE whereby the services of private counsel are rotated and coordi-
22 nated by an administrator shall at the conclusion of the representation
23 receive:
24 (A) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION BY LAW
25 WHO IS INITIALLY CHARGED WITH A MISDEMEANOR OR LESSER OFFENSE AND NO
26 FELONY, COMPENSATION FOR SUCH MISDEMEANOR OR LESSER OFFENSE REPRESEN-
27 TATION AT A RATE OF SIXTY dollars per hour for time expended in court or
28 before a magistrate, judge or justice, AND SIXTY DOLLARS PER HOUR FOR
29 TIME REASONABLY EXPENDED OUT OF COURT, AND SHALL RECEIVE REIMBURSEMENT
30 FOR EXPENSES REASONABLY INCURRED; and
31 (B) FOR REPRESENTATION OF A PERSON IN ALL OTHER CASES GOVERNED BY THIS
32 ARTICLE, INCLUDING ALL REPRESENTATION IN AN APPELLATE COURT, COMPEN-
33 SATION AT A RATE OF SEVENTY-FIVE dollars per hour FOR TIME EXPENDED IN
34 COURT BEFORE A MAGISTRATE, JUDGE OR JUSTICE AND SEVENTY-FIVE DOLLARS PER
35 HOUR for time reasonably expended out of court, and shall receive
36 reimbursement for expenses reasonably incurred.
10 2. EXCEPT AS PROVIDED IN THIS SECTION, COMPENSATION FOR TIME EXPENDED
11 IN PROVIDING REPRESENTATION:
12 (A) PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL
13 NOT EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS; AND
14 (B) PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL
15 NOT EXCEED FOUR THOUSAND FOUR HUNDRED DOLLARS.
16 3. For representation on an appeal, compensation and reimbursement
17 shall be fixed by the appellate court. For all other representation,
18 compensation and reimbursement shall be fixed by the TRIAL
20 COURT JUDGE. In extraordinary circumstances a trial or appellate court
21 may provide for compensation in excess of the foregoing limits and for
22 payment of compensation and reimbursement for expenses before the
23 completion of the representation.
24 4. Each claim for compensation and reimbursement shall be supported by
25 a sworn statement specifying the time expended, services rendered,
26 expenses incurred and reimbursement or compensation applied for or
27 received in the same case from any other source. No counsel assigned
28 hereunder shall seek or accept any fee for representing the party for
29 whom he OR SHE is assigned without approval of the court as herein
30 provided.
31 S 3. Section 722-c of the county law, as amended by chapter 682 of the
32 laws of 1977 and the opening paragraph as amended by chapter 453 of the
33 laws of 1999, is amended to read as follows:
34 S 722-c. Services other than counsel. Upon a finding in an ex parte
35 proceeding that investigative, expert or other services are necessary
36 and that the defendant or other person described in section two hundred
37 forty-nine or section two hundred sixty-two of the family court act,
38 article six-C of the correction law or section four hundred seven of the
39 surrogate`s court procedure act, is financially unable to obtain them,
40 the court shall authorize counsel, whether or not assigned in accordance
41 with a plan, to obtain the services on behalf of the defendant or such
42 other person. The court upon a finding that timely procurement of neces-
43 sary services could not await prior authorization may authorize the
44 services nunc pro tunc. The court shall determine reasonable compen-
45 sation for the services and direct payment to the person who rendered
46 them or to the person entitled to reimbursement. Only in extraordinary
47 circumstances may the court provide for compensation in excess of
ONE THOUSAND dollars PER INVESTIGATIVE, EXPERT OR OTHER SERVICE49 PROVIDER.
50 Each claim for compensation shall be supported by a sworn statement
51 specifying the time expended, services rendered, expenses incurred and
52 reimbursement or compensation applied for or received in the same case
53
from
any other source.
* * *
S 5. Subdivision 3 of section 35 of the judiciary law, as amended by
19 chapter 317 of the laws of 1987, is amended to read as follows:
20 3. No counsel assigned pursuant to this section shall seek or accept
21 any fee for representing the person for whom he OR SHE is assigned with-
22 out approval of the court as herein provided. Whenever it appears that
23 such person is financially able to obtain counsel or make partial
24 payment for the representation, counsel may report this fact to the
25 court and the court may terminate the assignment or authorize payment,
26 as the interests of justice may dictate, to such counsel. Counsel
27 assigned hereunder shall at the conclusion of the representation receive
28 compensation at a rate OF SEVENTY-FIVE dollars per
29 hour for time expended in court, and SEVENTY-FIVE dollars
30 per hour for time reasonably expended out of court, and shall receive
31 reimbursement for expenses reasonably incurred. For repre-
35 sentation upon a hearing, compensation and reimbursement shall be fixed
36 by the court wherein the hearing was held and such compensation shall
37 not exceed FOUR THOUSAND FOUR HUNDRED dollars. For
38 representation in an appellate court, compensation and reimbursement
39 shall be fixed by such court and such compensation shall not exceed
40 FOUR THOUSAND FOUR HUNDRED dollars. In extraordinary circumstances
48 the court may provide for compensation in excess of the foregoing
49 limits.