S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2061

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN  ACT  to  amend the county law, in relation to the provision of legal
  representation to certain persons in eviction, ejectment and  foreclo-
  sure proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The county law is amended by adding a new article  18-C  to
read as follows:

                              ARTICLE 18-C
    REPRESENTATION OF PERSONS IN EVICTION, EJECTMENT AND FORECLOSURE
                               PROCEEDINGS
SECTION 723. DEFINITIONS.
        723-A. PLAN FOR REPRESENTATION.
        723-B. COMPENSATION AND REIMBURSEMENT FOR REPRESENTATION.
        723-C. SERVICES OTHER THAN COUNSEL.
        723-D. DURATION OF ASSIGNMENT.
        723-E. EXPENSES.
        723-F. ANNUAL REPORTS.
  S  723.  DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "COVERED PROCEEDING" MEANS ANY  ACTION  OR  SPECIAL  PROCEEDING  TO
EVICT AN ELIGIBLE INDIVIDUAL, INCLUDING THOSE SEEKING POSSESSION FOR THE
NON-PAYMENT  OF  RENT OR HOLDOVER, OR PROCEEDINGS FOR EJECTMENT OR FORE-
CLOSURE.
  2. "ELIGIBLE PERSON" MEANS AN OCCUPANT OF A RENTAL DWELLING  UNIT,  AN
OWNER  OF  SHARES OF A COOPERATIVE CORPORATION WHO OCCUPIES THE DWELLING
UNIT TO WHICH SUCH SHARES ARE ALLOCATED, THE OWNER  AND  OCCUPANT  OF  A
DWELLING UNIT OWNED AS A CONDOMINIUM OR THE OWNER AND OCCUPANT OF A ONE-
OR  TWO-FAMILY  DWELLING  WHO  IS A DEFENDANT OR RESPONDENT IN A COVERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07147-01-5
              

S. 2061                             2

PROCEEDING AND WHOSE GROSS INDIVIDUAL INCOME IS NOT  IN  EXCESS  OF  ONE
HUNDRED TWENTY-FIVE PERCENT OF THE FEDERAL INCOME OFFICIAL POVERTY LINE.
  3. "COUNSEL" MEANS A LAWYER OR LAWYERS LICENSED TO PRACTICE LAW IN NEW
YORK STATE.
  S  723-A.  PLAN  FOR REPRESENTATION. THE GOVERNING BODY OF EACH COUNTY
AND THE GOVERNING BODY OF THE CITY IN WHICH A COUNTY IS WHOLLY CONTAINED
SHALL PLACE IN OPERATION THROUGHOUT THE  COUNTY  A  PLAN  FOR  PROVIDING
LEGAL COUNSEL TO ELIGIBLE PERSONS WHO ARE DEFENDANTS OR RESPONDENTS IN A
COVERED  PROCEEDING  AND  WHO  ARE FINANCIALLY UNABLE TO OBTAIN COUNSEL.
EACH PLAN  SHALL  ALSO  PROVIDE  FOR  INVESTIGATIVE,  EXPERT  AND  OTHER
SERVICES  NECESSARY, WHERE APPROPRIATE. THE PLAN SHALL CONFORM TO ONE OF
THE FOLLOWING:
  1. REPRESENTATION BY A PUBLIC DEFENDER APPOINTED PURSUANT TO  SUBDIVI-
SION THREE OF SECTION SEVEN HUNDRED SEVENTEEN OF THIS CHAPTER.
  2.  (A) REPRESENTATION BY COUNSEL FURNISHED PURSUANT TO EITHER OR BOTH
OF THE FOLLOWING: A PLAN OF A BAR ASSOCIATION IN EACH COUNTY OR THE CITY
IN WHICH A COUNTY IS WHOLLY  CONTAINED  WHEREBY:  (I)  THE  SERVICES  OF
PRIVATE  COUNSEL  ARE  ROTATED  AND COORDINATED BY AN ADMINISTRATOR, AND
SUCH ADMINISTRATOR MAY BE COMPENSATED FOR SUCH  SERVICE;  OR  (II)  SUCH
REPRESENTATION IS PROVIDED BY AN OFFICE OF CONFLICT DEFENDER.
  (B)  ANY  PLAN  OF  A BAR ASSOCIATION MUST RECEIVE THE APPROVAL OF THE
STATE ADMINISTRATOR BEFORE THE PLAN IS PLACED IN OPERATION. WHEN CONSID-
ERING APPROVAL OF AN  OFFICE  OF  CONFLICT  DEFENDER  PURSUANT  TO  THIS
SECTION, THE STATE ADMINISTRATOR SHALL EMPLOY THE GUIDELINES ESTABLISHED
BY  THE  OFFICE  OF INDIGENT LEGAL SERVICES PURSUANT TO PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION EIGHT HUNDRED THIRTY-TWO OF  THE  EXECUTIVE
LAW.
  (C)  ANY COUNTY OPERATING AN OFFICE OF CONFLICT DEFENDER, AS DESCRIBED
IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, AS  OF  MARCH
THIRTY-FIRST,  TWO  THOUSAND  TEN  MAY  CONTINUE TO UTILIZE THE SERVICES
PROVIDED BY SUCH OFFICE PROVIDED THAT THE COUNTY SUBMITS A PLAN  TO  THE
STATE  ADMINISTRATOR  WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE PROMULGA-
TION OF CRITERIA FOR THE PROVISION OF CONFLICT DEFENDER SERVICES BY  THE
OFFICE  OF  INDIGENT  LEGAL  SERVICES.  THE AUTHORITY TO OPERATE SUCH AN
OFFICE PURSUANT TO THIS PARAGRAPH SHALL EXPIRE WHEN THE  STATE  ADMINIS-
TRATOR  APPROVES  OR DISAPPROVES SUCH PLAN. UPON APPROVAL, THE COUNTY IS
AUTHORIZED TO OPERATE SUCH OFFICE IN ACCORDANCE WITH PARAGRAPHS (A)  AND
(B) OF THIS SUBDIVISION.
  3. WHEN A COUNTY OR CITY IN WHICH A COUNTY IS WHOLLY CONTAINED HAS NOT
PLACED  IN  OPERATION  ANY  PLAN  CONFORMING  TO THAT PRESCRIBED IN THIS
SECTION, A JUDGE, JUSTICE OR MAGISTRATE MAY ASSIGN ANY ATTORNEY IN  SUCH
COUNTY  OR  CITY AND, IN SUCH EVENT, SUCH ATTORNEY SHALL RECEIVE COMPEN-
SATION AND REIMBURSEMENT FROM SUCH COUNTY OR CITY WHICH SHALL BE AT  THE
SAME  RATE  AS  IS PRESCRIBED IN SECTION SEVEN HUNDRED TWENTY-THREE-B OF
THIS ARTICLE.
  4. REPRESENTATION ACCORDING TO A PLAN CONTAINING A COMBINATION OF  ANY
OF THE FOREGOING.
  S  723-B.  COMPENSATION  AND REIMBURSEMENT FOR REPRESENTATION. 1.  ALL
COUNSEL ASSIGNED IN ACCORDANCE WITH A PLAN OF A BAR ASSOCIATION CONFORM-
ING TO THE REQUIREMENTS OF SECTION SEVEN HUNDRED TWENTY-THREE-A OF  THIS
ARTICLE  WHEREBY THE SERVICES OF PRIVATE COUNSEL ARE ROTATED AND COORDI-
NATED BY AN ADMINISTRATOR SHALL AT THE CONCLUSION OF THE  REPRESENTATION
RECEIVE:
  (A) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION PURSUANT
TO THIS ARTICLE FOR AN EVICTION OR EJECTMENT PROCEEDING, COMPENSATION AT
A  RATE OF SIXTY DOLLARS PER HOUR FOR TIME EXPENDED IN COURT OR BEFORE A

S. 2061                             3

MAGISTRATE, JUDGE OR JUSTICE,  AND  SIXTY  DOLLARS  PER  HOUR  FOR  TIME
REASONABLY  EXPENDED  OUT  OF COURT, AND SHALL RECEIVE REIMBURSEMENT FOR
EXPENSES REASONABLY INCURRED; AND
  (B) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION PURSUANT
TO  THIS ARTICLE FOR A FORECLOSURE PROCEEDING, COMPENSATION AT A RATE OF
SEVENTY-FIVE DOLLARS PER HOUR FOR TIME EXPENDED IN COURT BEFORE A MAGIS-
TRATE, JUDGE OR JUSTICE AND  SEVENTY-FIVE  DOLLARS  PER  HOUR  FOR  TIME
REASONABLY  EXPENDED  OUT  OF COURT, AND SHALL RECEIVE REIMBURSEMENT FOR
EXPENSES REASONABLY INCURRED.
  2. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, COMPENSATION FOR TIME
EXPENDED IN PROVIDING REPRESENTATION:
  (A) PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL
NOT EXCEED AN AMOUNT ESTABLISHED BY THE STATE ADMINISTRATOR; AND
  (B) PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL
NOT EXCEED FOUR THOUSAND FOUR HUNDRED DOLLARS.
  3. FOR REPRESENTATION ON AN  APPEAL,  COMPENSATION  AND  REIMBURSEMENT
SHALL  BE  FIXED  BY  THE APPELLATE COURT. FOR ALL OTHER REPRESENTATION,
COMPENSATION AND REIMBURSEMENT SHALL BE FIXED BY THE TRIAL COURT  JUDGE.
IN  EXTRAORDINARY  CIRCUMSTANCES  A TRIAL OR APPELLATE COURT MAY PROVIDE
FOR COMPENSATION IN EXCESS OF THE FOREGOING LIMITS AND  FOR  PAYMENT  OF
COMPENSATION AND REIMBURSEMENT FOR EXPENSES BEFORE THE COMPLETION OF THE
REPRESENTATION.
  4. EACH CLAIM FOR COMPENSATION AND REIMBURSEMENT 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. NO COUNSEL ASSIGNED
HEREUNDER SHALL SEEK OR ACCEPT ANY FEE FOR REPRESENTING  THE  PARTY  FOR
WHOM HE OR SHE IS ASSIGNED WITHOUT APPROVAL OF THE COURT AS PROVIDED.
  S 723-C. SERVICES OTHER THAN COUNSEL. 1. UPON A FINDING IN AN EX PARTE
PROCEEDING  THAT  INVESTIGATIVE,  EXPERT OR OTHER SERVICES ARE NECESSARY
AND THAT THE ELIGIBLE INDIVIDUAL, 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
RESPONDENT. THE COURT UPON A FINDING THAT TIMELY PROCUREMENT  OF  NECES-
SARY  SERVICES  COULD  NOT  AWAIT  PRIOR AUTHORIZATION MAY AUTHORIZE THE
SERVICES NUNC PRO TUNC. THE COURT  SHALL  DETERMINE  REASONABLE  COMPEN-
SATION  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.
  2. 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.
  S 723-D. DURATION OF ASSIGNMENT. WHENEVER IT APPEARS THAT THE  DEFEND-
ANT  OR  RESPONDENT  IS  FINANCIALLY  ABLE  TO OBTAIN COUNSEL OR TO MAKE
PARTIAL PAYMENT FOR THE REPRESENTATION OR OTHER  SERVICES,  COUNSEL  MAY
REPORT THIS FACT TO THE COURT AND THE COURT MAY TERMINATE THE ASSIGNMENT
OF  COUNSEL  OR  AUTHORIZE  PAYMENT,  AS  THE  INTERESTS  OF JUSTICE MAY
DICTATE, TO THE PUBLIC DEFENDER, PRIVATE LEGAL AID  BUREAU  OR  SOCIETY,
PRIVATE ATTORNEY, OR OTHERWISE.
  S  723-E.  EXPENSES.  ALL  EXPENSES FOR PROVIDING COUNSEL AND SERVICES
OTHER THAN COUNSEL HEREUNDER SHALL BE A COUNTY CHARGE, OR IN THE CASE OF
A COUNTY WHOLLY LOCATED WITHIN A CITY, A CITY CHARGE TO BE PAID  OUT  OF
AN APPROPRIATION FOR SUCH PURPOSES.

S. 2061                             4

  S  723-F.  ANNUAL  REPORTS. 1. A PUBLIC DEFENDER APPOINTED PURSUANT TO
ARTICLE EIGHTEEN-A OF THIS CHAPTER, A PRIVATE LEGAL AID BUREAU OR SOCIE-
TY DESIGNATED BY A COUNTY OR CITY PURSUANT TO SUBDIVISION TWO OF SECTION
SEVEN HUNDRED TWENTY-THREE-A OF THIS ARTICLE, AND AN ADMINISTRATOR OF  A
PLAN  OF  A  BAR  ASSOCIATION  APPOINTED  PURSUANT TO SUBDIVISION TWO OF
SECTION SEVEN HUNDRED TWENTY-THREE-A OF THIS ARTICLE SHALL FILE AN ANNU-
AL REPORT WITH THE JUDICIAL CONFERENCE AT SUCH TIMES AND IN SUCH  DETAIL
AND FORM AS THE JUDICIAL CONFERENCE MAY DIRECT.
  2.  (A) THE COUNTY EXECUTIVE OR CHIEF EXECUTIVE OFFICER OF EACH COUNTY
OR, IN THE CASE OF A COUNTY WHOLLY CONTAINED WITHIN A  CITY,  SUCH  CITY
SHALL  FILE  AN ANNUAL REPORT WHICH SPECIFIES IN DETAIL AND CERTIFIES TO
THE STATE COMPTROLLER THE TOTAL EXPENDITURES OF  SUCH  COUNTY  OR  CITY,
IDENTIFYING  "LOCAL  FUNDS",  AS  DEFINED  IN SUBDIVISION TWO OF SECTION
NINETY-EIGHT-B OF THE STATE FINANCE LAW, STATE FUNDS, FEDERAL FUNDS  AND
FUNDS  RECEIVED  FROM A "PRIVATE SOURCE" AS DESCRIBED IN SUBDIVISION TWO
OF SECTION NINETY-EIGHT-B OF THE STATE FINANCE LAW, FOR PROVIDING  LEGAL
REPRESENTATION TO PERSONS WHO WERE FINANCIALLY UNABLE TO AFFORD COUNSEL,
PURSUANT  TO  THIS ARTICLE.   SUCH ANNUAL REPORT SHALL BE MADE ON A FORM
DEVELOPED FOR SUCH PURPOSE BY THE STATE COMPTROLLER.
  (B) SUCH ANNUAL REPORT, DETAILING EXPENDITURES FOR THE PERIOD  JANUARY
FIRST THROUGH DECEMBER THIRTY-FIRST OF THE PREVIOUS CALENDAR YEAR, SHALL
BE  FILED  ON  OR  BEFORE THE FIRST DAY OF MARCH OF EACH YEAR, PROVIDED,
HOWEVER, THAT THE  FIRST  REPORT  REQUIRED  BY  THIS  SUBDIVISION  SHALL
CONTAIN THE REQUIRED INFORMATION, SEPARATELY STATED, FOR THE TWO PRECED-
ING CALENDAR YEARS.
  S 2. Section 717 of the county law is amended by adding a new subdivi-
sion 3 to read as follows:
  3.  THE  PUBLIC  DEFENDER  SHALL  ALSO REPRESENT, WITHOUT CHARGE, IN A
PROCEEDING IN COURT IN THE COUNTY OR COUNTIES WHERE SUCH PUBLIC DEFENDER
SERVES, ANY PERSON ENTITLED TO COUNSEL PURSUANT TO ARTICLE EIGHTEEN-C OF
THIS CHAPTER, WHO IS FINANCIALLY UNABLE TO OBTAIN COUNSEL. WHEN  REPRES-
ENTING  SUCH PERSON, THE PUBLIC DEFENDER SHALL COUNSEL AND REPRESENT HIM
AT EVERY STAGE OF THE PROCEEDINGS, SHALL INITIATE SUCH PROCEEDINGS AS IN
THE JUDGMENT OF THE PUBLIC DEFENDER ARE NECESSARY TO PROTECT THE  RIGHTS
OF  SUCH  PERSON, AND MAY PROSECUTE ANY APPEAL WHEN, IN HIS JUDGMENT THE
FACTS AND CIRCUMSTANCES WARRANT SUCH APPEAL.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this  act on its effective date is authorized to be made and
completed on or before such effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2061--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed  to  the  Committee  on Local Government --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the county law, in relation to the provision of legal
  representation to certain persons in eviction, ejectment and  foreclo-
  sure proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The county law is amended by adding a new article  18-C  to
read as follows:

                              ARTICLE 18-C
    REPRESENTATION OF PERSONS IN EVICTION, EJECTMENT AND FORECLOSURE
                               PROCEEDINGS
SECTION 723. DEFINITIONS.
        723-A. PLAN FOR REPRESENTATION.
        723-B. COMPENSATION AND REIMBURSEMENT FOR REPRESENTATION.
        723-C. SERVICES OTHER THAN COUNSEL.
        723-D. DURATION OF ASSIGNMENT.
        723-E. EXPENSES.
        723-F. ANNUAL REPORTS.
  S  723.  DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "COVERED PROCEEDING" MEANS ANY  ACTION  OR  SPECIAL  PROCEEDING  TO
EVICT AN ELIGIBLE INDIVIDUAL, INCLUDING THOSE SEEKING POSSESSION FOR THE
NON-PAYMENT  OF  RENT OR HOLDOVER, OR PROCEEDINGS FOR EJECTMENT OR FORE-
CLOSURE.
  2. "ELIGIBLE PERSON" MEANS AN OCCUPANT OF A RENTAL DWELLING  UNIT,  AN
OWNER  OF  SHARES OF A COOPERATIVE CORPORATION WHO OCCUPIES THE DWELLING
UNIT TO WHICH SUCH SHARES ARE ALLOCATED, THE OWNER  AND  OCCUPANT  OF  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07147-03-5
              

S. 2061--A                          2

DWELLING UNIT OWNED AS A CONDOMINIUM OR THE OWNER AND OCCUPANT OF A ONE-
OR  TWO-FAMILY  DWELLING  WHO  IS A DEFENDANT OR RESPONDENT IN A COVERED
PROCEEDING AND WHOSE GROSS INDIVIDUAL INCOME IS NOT  IN  EXCESS  OF  ONE
HUNDRED TWENTY-FIVE PERCENT OF THE FEDERAL INCOME OFFICIAL POVERTY LINE.
  3. "COUNSEL" MEANS A LAWYER OR LAWYERS LICENSED TO PRACTICE LAW IN NEW
YORK STATE.
  S  723-A.  PLAN  FOR REPRESENTATION. THE GOVERNING BODY OF EACH COUNTY
AND THE GOVERNING BODY OF THE CITY IN WHICH A COUNTY IS WHOLLY CONTAINED
SHALL PLACE IN OPERATION THROUGHOUT THE  COUNTY  A  PLAN  FOR  PROVIDING
LEGAL COUNSEL TO ELIGIBLE PERSONS WHO ARE DEFENDANTS OR RESPONDENTS IN A
COVERED  PROCEEDING  AND  WHO  ARE FINANCIALLY UNABLE TO OBTAIN COUNSEL.
EACH PLAN  SHALL  ALSO  PROVIDE  FOR  INVESTIGATIVE,  EXPERT  AND  OTHER
SERVICES  NECESSARY, WHERE APPROPRIATE. THE PLAN SHALL CONFORM TO ONE OF
THE FOLLOWING:
  1. REPRESENTATION BY A PUBLIC DEFENDER APPOINTED PURSUANT TO  SUBDIVI-
SION THREE OF SECTION SEVEN HUNDRED SEVENTEEN OF THIS CHAPTER.
  2.  (A) REPRESENTATION BY COUNSEL FURNISHED PURSUANT TO EITHER OR BOTH
OF THE FOLLOWING: A PLAN OF A BAR ASSOCIATION IN EACH COUNTY OR THE CITY
IN WHICH A COUNTY IS WHOLLY  CONTAINED  WHEREBY:  (I)  THE  SERVICES  OF
PRIVATE  COUNSEL  ARE  ROTATED  AND COORDINATED BY AN ADMINISTRATOR, AND
SUCH ADMINISTRATOR MAY BE COMPENSATED FOR SUCH  SERVICE;  OR  (II)  SUCH
REPRESENTATION IS PROVIDED BY AN OFFICE OF CONFLICT DEFENDER.
  (B)  ANY  PLAN  OF  A BAR ASSOCIATION MUST RECEIVE THE APPROVAL OF THE
STATE ADMINISTRATOR BEFORE THE PLAN IS PLACED IN OPERATION. WHEN CONSID-
ERING APPROVAL OF AN  OFFICE  OF  CONFLICT  DEFENDER  PURSUANT  TO  THIS
SECTION, THE STATE ADMINISTRATOR SHALL EMPLOY THE GUIDELINES ESTABLISHED
BY  THE  OFFICE  OF INDIGENT LEGAL SERVICES PURSUANT TO PARAGRAPH (D) OF
SUBDIVISION THREE OF SECTION EIGHT HUNDRED THIRTY-TWO OF  THE  EXECUTIVE
LAW.
  (C)  ANY COUNTY OPERATING AN OFFICE OF CONFLICT DEFENDER, AS DESCRIBED
IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, AS  OF  MARCH
THIRTY-FIRST,  TWO  THOUSAND  TEN  MAY  CONTINUE TO UTILIZE THE SERVICES
PROVIDED BY SUCH OFFICE PROVIDED THAT THE COUNTY SUBMITS A PLAN  TO  THE
STATE  ADMINISTRATOR  WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE PROMULGA-
TION OF CRITERIA FOR THE PROVISION OF CONFLICT DEFENDER SERVICES BY  THE
OFFICE  OF  INDIGENT  LEGAL  SERVICES.  THE AUTHORITY TO OPERATE SUCH AN
OFFICE PURSUANT TO THIS PARAGRAPH SHALL EXPIRE WHEN THE  STATE  ADMINIS-
TRATOR  APPROVES  OR DISAPPROVES SUCH PLAN. UPON APPROVAL, THE COUNTY IS
AUTHORIZED TO OPERATE SUCH OFFICE IN ACCORDANCE WITH PARAGRAPHS (A)  AND
(B) OF THIS SUBDIVISION.
  3. WHEN A COUNTY OR CITY IN WHICH A COUNTY IS WHOLLY CONTAINED HAS NOT
PLACED  IN  OPERATION  ANY  PLAN  CONFORMING  TO THAT PRESCRIBED IN THIS
SECTION, A JUDGE, JUSTICE OR MAGISTRATE MAY ASSIGN ANY ATTORNEY IN  SUCH
COUNTY  OR  CITY AND, IN SUCH EVENT, SUCH ATTORNEY SHALL RECEIVE COMPEN-
SATION AND REIMBURSEMENT FROM SUCH COUNTY OR CITY WHICH SHALL BE AT  THE
SAME  RATE  AS  IS PRESCRIBED IN SECTION SEVEN HUNDRED TWENTY-THREE-B OF
THIS ARTICLE.
  4. REPRESENTATION ACCORDING TO A PLAN CONTAINING A COMBINATION OF  ANY
OF THE FOREGOING.
  S  723-B.  COMPENSATION  AND REIMBURSEMENT FOR REPRESENTATION. 1.  ALL
COUNSEL ASSIGNED IN ACCORDANCE WITH A PLAN OF A BAR ASSOCIATION CONFORM-
ING TO THE REQUIREMENTS OF SECTION SEVEN HUNDRED TWENTY-THREE-A OF  THIS
ARTICLE  WHEREBY THE SERVICES OF PRIVATE COUNSEL ARE ROTATED AND COORDI-
NATED BY AN ADMINISTRATOR SHALL AT THE CONCLUSION OF THE  REPRESENTATION
RECEIVE:

S. 2061--A                          3

  (A) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION PURSUANT
TO THIS ARTICLE FOR AN EVICTION OR EJECTMENT PROCEEDING, COMPENSATION AT
A  RATE OF SIXTY DOLLARS PER HOUR FOR TIME EXPENDED IN COURT OR BEFORE A
MAGISTRATE, JUDGE OR JUSTICE,  AND  SIXTY  DOLLARS  PER  HOUR  FOR  TIME
REASONABLY  EXPENDED  OUT  OF COURT, AND SHALL RECEIVE REIMBURSEMENT FOR
EXPENSES REASONABLY INCURRED; AND
  (B) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION PURSUANT
TO THIS ARTICLE FOR A FORECLOSURE PROCEEDING, COMPENSATION AT A RATE  OF
SEVENTY-FIVE DOLLARS PER HOUR FOR TIME EXPENDED IN COURT BEFORE A MAGIS-
TRATE,  JUDGE  OR  JUSTICE  AND  SEVENTY-FIVE  DOLLARS PER HOUR FOR TIME
REASONABLY EXPENDED OUT OF COURT, AND SHALL  RECEIVE  REIMBURSEMENT  FOR
EXPENSES REASONABLY INCURRED.
  2. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, COMPENSATION FOR TIME
EXPENDED IN PROVIDING REPRESENTATION:
  (A) PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL
NOT EXCEED AN AMOUNT ESTABLISHED BY THE STATE ADMINISTRATOR; AND
  (B) PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL
NOT EXCEED FOUR THOUSAND FOUR HUNDRED DOLLARS.
  3.  FOR  REPRESENTATION  ON  AN APPEAL, COMPENSATION AND REIMBURSEMENT
SHALL BE FIXED BY THE APPELLATE COURT.  FOR  ALL  OTHER  REPRESENTATION,
COMPENSATION  AND REIMBURSEMENT SHALL BE FIXED BY THE TRIAL COURT JUDGE.
IN EXTRAORDINARY CIRCUMSTANCES A TRIAL OR APPELLATE  COURT  MAY  PROVIDE
FOR  COMPENSATION  IN  EXCESS OF THE FOREGOING LIMITS AND FOR PAYMENT OF
COMPENSATION AND REIMBURSEMENT FOR EXPENSES BEFORE THE COMPLETION OF THE
REPRESENTATION.
  4. EACH CLAIM FOR COMPENSATION AND REIMBURSEMENT 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.  NO  COUNSEL  ASSIGNED
HEREUNDER  SHALL  SEEK  OR ACCEPT ANY FEE FOR REPRESENTING THE PARTY FOR
WHOM HE OR SHE IS ASSIGNED WITHOUT APPROVAL OF THE COURT AS PROVIDED.
  S 723-C. SERVICES OTHER THAN COUNSEL. 1. UPON A FINDING IN AN EX PARTE
PROCEEDING THAT INVESTIGATIVE, EXPERT OR OTHER  SERVICES  ARE  NECESSARY
AND  THAT THE ELIGIBLE INDIVIDUAL, 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
RESPONDENT.  THE  COURT UPON A FINDING THAT TIMELY PROCUREMENT OF NECES-
SARY SERVICES COULD NOT AWAIT  PRIOR  AUTHORIZATION  MAY  AUTHORIZE  THE
SERVICES  NUNC  PRO  TUNC.  THE COURT SHALL DETERMINE REASONABLE COMPEN-
SATION 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.
  2. 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.
  S  723-D. DURATION OF ASSIGNMENT. WHENEVER IT APPEARS THAT THE DEFEND-
ANT OR RESPONDENT IS FINANCIALLY ABLE  TO  OBTAIN  COUNSEL  OR  TO  MAKE
PARTIAL  PAYMENT  FOR  THE REPRESENTATION OR OTHER SERVICES, COUNSEL MAY
REPORT THIS FACT TO THE COURT AND THE COURT MAY TERMINATE THE ASSIGNMENT
OF COUNSEL OR  AUTHORIZE  PAYMENT,  AS  THE  INTERESTS  OF  JUSTICE  MAY
DICTATE,  TO  THE  PUBLIC DEFENDER, PRIVATE LEGAL AID BUREAU OR SOCIETY,
PRIVATE ATTORNEY, OR OTHERWISE.
  S 723-E. EXPENSES. ALL EXPENSES FOR  PROVIDING  COUNSEL  AND  SERVICES
UNDER THIS ARTICLE SHALL BE BORNE BY THE STATE.

S. 2061--A                          4

  S  723-F.  ANNUAL  REPORTS. 1. A PUBLIC DEFENDER APPOINTED PURSUANT TO
ARTICLE EIGHTEEN-A OF THIS CHAPTER, A PRIVATE LEGAL AID BUREAU OR SOCIE-
TY DESIGNATED BY A COUNTY OR CITY PURSUANT TO SUBDIVISION TWO OF SECTION
SEVEN HUNDRED TWENTY-THREE-A OF THIS ARTICLE, AND AN ADMINISTRATOR OF  A
PLAN  OF  A  BAR  ASSOCIATION  APPOINTED  PURSUANT TO SUBDIVISION TWO OF
SECTION SEVEN HUNDRED TWENTY-THREE-A OF THIS ARTICLE SHALL FILE AN ANNU-
AL REPORT WITH THE JUDICIAL CONFERENCE AT SUCH TIMES AND IN SUCH  DETAIL
AND FORM AS THE JUDICIAL CONFERENCE MAY DIRECT.
  2.  (A) THE COUNTY EXECUTIVE OR CHIEF EXECUTIVE OFFICER OF EACH COUNTY
OR, IN THE CASE OF A COUNTY WHOLLY CONTAINED WITHIN A  CITY,  SUCH  CITY
SHALL  FILE  AN ANNUAL REPORT WHICH SPECIFIES IN DETAIL AND CERTIFIES TO
THE STATE COMPTROLLER THE TOTAL EXPENDITURES OF  SUCH  COUNTY  OR  CITY,
IDENTIFYING  "LOCAL  FUNDS",  AS  DEFINED  IN SUBDIVISION TWO OF SECTION
NINETY-EIGHT-B OF THE STATE FINANCE LAW, STATE FUNDS, FEDERAL FUNDS  AND
FUNDS  RECEIVED  FROM A "PRIVATE SOURCE" AS DESCRIBED IN SUBDIVISION TWO
OF SECTION NINETY-EIGHT-B OF THE STATE FINANCE LAW, FOR PROVIDING  LEGAL
REPRESENTATION TO PERSONS WHO WERE FINANCIALLY UNABLE TO AFFORD COUNSEL,
PURSUANT  TO  THIS ARTICLE.   SUCH ANNUAL REPORT SHALL BE MADE ON A FORM
DEVELOPED FOR SUCH PURPOSE BY THE STATE COMPTROLLER.
  (B) SUCH ANNUAL REPORT, DETAILING EXPENDITURES FOR THE PERIOD  JANUARY
FIRST THROUGH DECEMBER THIRTY-FIRST OF THE PREVIOUS CALENDAR YEAR, SHALL
BE  FILED  ON  OR  BEFORE THE FIRST DAY OF MARCH OF EACH YEAR, PROVIDED,
HOWEVER, THAT THE  FIRST  REPORT  REQUIRED  BY  THIS  SUBDIVISION  SHALL
CONTAIN THE REQUIRED INFORMATION, SEPARATELY STATED, FOR THE TWO PRECED-
ING CALENDAR YEARS.
  S 2. Section 717 of the county law is amended by adding a new subdivi-
sion 3 to read as follows:
  3.  THE  PUBLIC  DEFENDER  SHALL  ALSO REPRESENT, WITHOUT CHARGE, IN A
PROCEEDING IN COURT IN THE COUNTY OR COUNTIES WHERE SUCH PUBLIC DEFENDER
SERVES, ANY PERSON ENTITLED TO COUNSEL PURSUANT TO ARTICLE EIGHTEEN-C OF
THIS CHAPTER, WHO IS FINANCIALLY UNABLE TO OBTAIN COUNSEL. WHEN  REPRES-
ENTING  SUCH PERSON, THE PUBLIC DEFENDER SHALL COUNSEL AND REPRESENT HIM
AT EVERY STAGE OF THE PROCEEDINGS, SHALL INITIATE SUCH PROCEEDINGS AS IN
THE JUDGMENT OF THE PUBLIC DEFENDER ARE NECESSARY TO PROTECT THE  RIGHTS
OF  SUCH  PERSON, AND MAY PROSECUTE ANY APPEAL WHEN, IN HIS JUDGMENT THE
FACTS AND CIRCUMSTANCES WARRANT SUCH APPEAL.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this  act on its effective date is authorized to be made and
completed on or before such effective date.