NY State Senate Bill 2021-S3527B

Senate Bill S3527B

2021-2022 Legislative Session

Relates to the compensation an attorney shall be entitled to for client representation through the bar association

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	recommitted to rules
May 25, 2022	ordered to third reading cal.1526 committee discharged and committed to rules
May 24, 2022	print number 3527b
May 24, 2022	amend and recommit to finance
Feb 14, 2022	reported and committed to finance
Jan 19, 2022	print number 3527a
Jan 19, 2022	amend (t) and recommit to local government
Jan 05, 2022	referred to local government
Jan 30, 2021	referred to local government

Votes

- May 25, 2022 - Rules Committee Vote
  S3527B
  
  18
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 25, 2022
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (3)
      
      Lanza
      
      O'Mara
      
      Ritchie
  Feb 14, 2022 - Local Government Committee Vote
  S3527B
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: Feb 14, 2022
      
      aye (5)
      
      Brooks
      
      Gaughran
      
      Hinchey
      
      Reichlin-Melnick
      
      Thomas
      
      aye wr (2)
      
      Borrello
      
      Rath III

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S3527 - Details

See Assembly Version of this Bill:: A6013
Current Committee:: Senate Rules
Law Section:: County Law
Laws Affected:: Amd §§722-b & 722-e, County L; amd §35, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6004, A8236
2023-2024: S1777, A240

2021-S3527 - Summary

Provides the amount of compensation an attorney shall receive from representing a client which was assigned to the attorney through the bar association; increases such amount from seventy-five dollars to one hundred fifty dollars per hour; makes related provisions.

2021-S3527 - Sponsor Memo

                                
 
BILL NUMBER: S3527

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the county law, in relation to entitled compensation for
client representation

 
PURPOSE:

The bill would allow the New York State Division of Criminal Justice
Services to set, on an annual basis, the hourly rate of compensation for
assigned counsel.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 722-b of the County Law is to provide the
Division of Criminal Justice Services the authority to set the hourly
compensation rate for assigned counsel in the state. The Division of
Criminal Justices Services shall review the hourly compensation rate on
an annual basis and shall adjust the rate at:

1) No less that 60 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for misdemeanors or lessor offenses;

2) No less than 90 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for all other cases governed by the article.

Provides that the Division of Criminal Justice Services has the authori-
ty to waive an increase in the assigned counsel compensation rates in
any given year, but that assigned counsel compensation rates may not
fall below the 60 and 90 percent thresholds for any given three-year
period.

Provides that counsel shall receive reimbursement for expenses reason-
ably incurred.

Section 2: Provides that each claim for compensation and reimbursement
shall be supported by a sworn statement and prohibits counsel from seek-
ing or accepting fees for representation without court approval.

 
JUSTIFICATION:

The 18-b panels throughout NYS consist of attorneys who are certified by
the Appellate Division to handle all cases in Family Court, Surrogate
Court, Supreme Court, and Criminal Court, representing children and
adults in multifaceted cases where families and liberties are at risk of

2021-S3527 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3527
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by Sens. BAILEY, GAUGHRAN -- 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 entitled compensation for
   client representation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 722-b of the county law, as amended by section 2 of
 part J of chapter 62 of the laws of 2003, is amended to read as follows:
   §  722-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-two  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 by law
 who is initially charged with a misdemeanor or  lesser  offense  and  no
 felony,  compensation  for  such misdemeanor or lesser offense represen-
 tation at a rate of [sixty] ONE HUNDRED TWENTY dollars per hour for time
 expended in court or before a magistrate, judge or justice, and  [sixty]
 ONE  HUNDRED TWENTY 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 in all other cases governed by this
 article, including all representation in  an  appellate  court,  compen-
 sation  at  a  rate of [seventy-five] ONE HUNDRED FIFTY dollars per hour
 for time expended in court before a magistrate,  judge  or  justice  and
 [seventy-five]  ONE  HUNDRED  FIFTY dollars per hour for time reasonably
 expended out of court, and  shall  receive  reimbursement  for  expenses
 reasonably incurred.
   2. [Except as provided in this section, compensation for time expended
 in providing representation:

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

                                                            LBD07518-01-1

 S. 3527                             2

   (a) pursuant to paragraph (a) of subdivision one of this section shall
 not exceed two thousand four hundred dollars; and
   (b) pursuant to paragraph (b) of subdivision one of this section shall
 not exceed four thousand four hundred dollars] HOURLY COMPENSATION TO BE
 RECEIVED  PURSUANT  TO PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS
 SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF LIVING INCREASE. SUCH COST
 OF LIVING INCREASE SHALL BE CALCULATED AS THE CURRENT RATE OF  INFLATION
 AS  DETERMINED  BY  THE CONSUMER PRICE INDEX, AS COMPUTED BY THE FEDERAL
 BUREAU OF LABOR STATISTICS.
   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  herein
 provided.
   §  2. This act shall take effect April 1, 2022. Effective immediately,
 the addition, amendment, and/or repeal of any rule or regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2021-S3527A - Details

See Assembly Version of this Bill:: A6013
Current Committee:: Senate Rules
Law Section:: County Law
Laws Affected:: Amd §§722-b & 722-e, County L; amd §35, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6004, A8236
2023-2024: S1777, A240

2021-S3527A - Summary

2021-S3527A - Sponsor Memo

                                 
BILL NUMBER: S3527A

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the county law and the judiciary law, in relation to
entitled compensation for client representation

 
PURPOSE OF BILL:

Provides the amount of compensation an attorney shall receive from
representing a client that was assigned to the attorney through the bar
association.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 722-b of the County Law to provide the Divi-
sion of Criminal Justice Services the authority to set the hourly
compensation rate for assigned counsel in the state. The Division of
Criminal Justices Services shall review the hourly compensation rate on
an annual basis and shall adjust the rate at:

1) No less that 60 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for misdemeanors or lessor offenses;

2) No less than 90 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for all other cases governed by the article.

Provides that the Division of Criminal Justice Services has the authori-
ty to waive an increase in the assigned counsel compensation rates in
any given year, but that assigned counsel compensation rates may not
fall below the 60 and 90 percent thresholds for any given three-year
period.

Provides that counsel shall receive reimbursement for expenses reason-
ably incurred.

Provides that each claim for compensation and reimbursement shall be
supported by a sworn statement and prohibits counsel from seeking or
accepting fees for representation without court approval.

Section 2: Amends Section 722-e of the County Law to set the rates for
the Attorney for the Child Assigned Counsel Programs.

Section 3: Amends Section 35 of the Judiciary Law to increase the rates
for the Child Assigned Counsel Programs to $150 per hour.

Section 4: Amends Section 35 of the Judiciary Law to provide that the
rates for the Child Assigned Counsel Programs shall be subject to an
annual cost of living increase.

Section 5: Establishes the Effective Date.

 
JUSTIFICATION:

The 18-b panels throughout New York State consist of attorneys who are
certified by the Appellate Division to handle all cases in Family Court,
Surrogate's Court, Supreme Court, and Criminal Court, representing chil-
dren and adults in multi-faceted cases where families and liberties are
at risk of being taken away. Despite their vital role and extensive
experience, 18-b lawyers/Attorneys for Children have not received a
raise in their rates since 2004. They received only two raises in the
last 32 years. They are currently compensated at a rate of $75/hour -
far below the average rate of compensation for attorneys in this state.
In order to continue to maintain the quality of the attorneys currently
available, and to attract experienced and qualified attorneys, 18-b
attorneys/Attorneys for Children must be provided an hourly rate that is
respectful and commensurate with their legal experience.

 
PRIOR LEGISLATIVE HISTORY:

S6004A of 2020

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
April 1, 2022

2021-S3527A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3527--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens.  BAILEY, BROUK, GAUGHRAN, MANNION, PALUMBO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Local Government -- recommitted to the Committee on Local
   Government  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the county law and the judiciary  law,  in  relation  to
   entitled compensation for client representation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 722-b of the county law, as amended by section 2 of
 part J of chapter 62 of the laws of 2003, is amended to read as follows:
   § 722-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-two 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  by  law
 who  is  initially  charged  with a misdemeanor or lesser offense and no
 felony, compensation for such misdemeanor or  lesser  offense  represen-
 tation at a rate of [sixty] ONE HUNDRED TWENTY dollars per hour for time
 expended  in court or before a magistrate, judge or justice, and [sixty]
 ONE HUNDRED TWENTY 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 in all other cases governed by this
 article,  including  all  representation  in an appellate court, compen-
 sation at a rate of [seventy-five] ONE HUNDRED FIFTY  dollars  per  hour
 for  time  expended  in  court before a magistrate, judge or justice and
 [seventy-five] ONE HUNDRED FIFTY dollars per hour  for  time  reasonably
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07518-03-2

 S. 3527--A                          2
 
 expended  out  of  court,  and  shall receive reimbursement for expenses
 reasonably incurred.
   2. [Except as 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 two thousand four hundred dollars; and
   (b) pursuant to paragraph (b) of subdivision one of this section shall
 not exceed four thousand four hundred dollars] HOURLY COMPENSATION TO BE
 RECEIVED  PURSUANT  TO PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS
 SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF LIVING INCREASE. SUCH COST
 OF LIVING INCREASE SHALL BE CALCULATED AS THE CURRENT RATE OF  INFLATION
 AS  DETERMINED  BY  THE CONSUMER PRICE INDEX, AS COMPUTED BY THE FEDERAL
 BUREAU OF LABOR STATISTICS.
   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  herein
 provided.
   § 2. Section 722-e of the county law, as amended by section 11 of part
 VVV of chapter 59 of the laws of 2017, is amended to read as follows:
   §  722-e. Expenses. 1. 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. Provided, however, that any such addi-
 tional expenses incurred for the provision of counsel and services as  a
 result  of the implementation of a plan established pursuant to subdivi-
 sion four of section eight hundred  thirty-two  of  the  executive  law,
 including any interim steps taken to implement such plan, shall be reim-
 bursed by the state to the county or city providing such services.  Such
 plans shall be submitted by the office of indigent legal services to the
 director  of  the  division of budget for review and approval.  However,
 the director's approval shall be limited solely to the plan's  projected
 fiscal  impact  of  the required appropriation for the implementation of
 such plan, and his or her approval shall not be  unreasonably  withheld.
 The  state  shall  appropriate  funds  sufficient  to  provide  for  the
 reimbursement required by this section.
   2. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT  TO  PARA-
 GRAPH  (A)  OF  SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF
 THIS ARTICLE IN EXCESS OF SIXTY DOLLARS PER HOUR AND  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF THIS ARTICLE IN
 EXCESS OF SEVENTY-FIVE DOLLARS PER HOUR SHALL BE FUNDED BY THE STATE.
   §  3.  Subdivision 3 of section 35 of the judiciary law, as amended by
 section 5 of part J of chapter 62 of the laws of  2003,  is  amended  to
 read as follows:
   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 with-
 out approval of the court as herein provided. Whenever it  appears  that
 S. 3527--A                          3
 
 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 of [seventy-five] ONE HUNDRED FIFTY  dollars  per
 hour  for  time  expended in court, and [seventy-five] ONE HUNDRED FIFTY
 dollars per hour for time reasonably expended out of  court,  and  shall
 receive  reimbursement  for  expenses reasonably incurred. For represen-
 tation upon a hearing, compensation and reimbursement shall be fixed  by
 the  court wherein the hearing was held [and such compensation shall not
 exceed 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 four thousand four  hundred
 dollars.  In  extraordinary  circumstances  the  court  may  provide for
 compensation in excess of the foregoing limits].
   § 4. Section 35 of the judiciary law is  amended  by  adding  two  new
 subdivisions 9 and 10 to read as follows:
   9. HOURLY COMPENSATION TO BE RECEIVED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF LIVING INCREASE. SUCH
 COST  OF  LIVING  INCREASE  SHALL  BE  CALCULATED AS THE CURRENT RATE OF
 INFLATION AS DETERMINED BY THE CONSUMER PRICE INDEX, AS COMPUTED BY  THE
 FEDERAL BUREAU OF LABOR STATISTICS.
   10. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION SHALL BE FUNDED BY THE STATE.
   §  5. This act shall take effect April 1, 2022. Effective immediately,
 the addition, amendment, and/or repeal of any rule or regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

co-Sponsors

View additional co-sponsors

2021-S3527B (ACTIVE) - Details

See Assembly Version of this Bill:: A6013
Current Committee:: Senate Rules
Law Section:: County Law
Laws Affected:: Amd §§722-b & 722-e, County L; amd §35, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6004, A8236
2023-2024: S1777, A240

2021-S3527B (ACTIVE) - Summary

2021-S3527B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3527B

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the county law and the judiciary law, in relation to
entitled compensation for client representation

 
PURPOSE OF BILL:

Provides the amount of compensation an attorney shall receive from
representing a client that was assigned to the attorney through the bar
association.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 722-b of the County Law to provide the Divi-
sion of Criminal Justice Services the authority to set the hourly
compensation rate for assigned counsel in the state. The Division of
Criminal Justices Services shall review the hourly compensation rate on
an annual basis and shall adjust the rate at:

1) No less that 60 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for misdemeanors or lessor offenses;

2) No less than 90 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for all other cases governed by the article.
Provides that the Division of Criminal Justice Services has the authori-
ty to waive an increase in the assigned counsel compensation rates in
any given year, but that assigned counsel compensation rates may not
fall below the 60 and 90 percent thresholds for any given three-year
period.

Provides that counsel shall receive reimbursement 'for expenses reason-
ably incurred.  Provides that each claim for compensation and reimburse-
ment shall be supported by a sworn statement and prohibits counsel from
seeking or accepting fees for representation without court approval.

Section 2: Amends Section 722-e of the County Law to set the rates for
the Attorney for the Child Assigned Counsel Programs.

Section 3: Amends Section 35 of the Judiciary Law to increase the rates
for the Child Assigned Counsel Programs to $150 per hour.

Section 4: Amends Section 35 of the Judiciary Law to provide that the
rates for the Child Assigned Counsel Programs shall be subject to an
annual cost of living increase.

Section 5: Establishes the Effective Date.

 
JUSTIFICATION:

The 18-b panels throughout New York State consist of attorneys who are
certified by the Appellate Division to handle all cases in Family Court,
Surrogate's Court, Supreme Court, and Criminal Court, representing chil-
dren and adults in multi-faceted cases where families and liberties are
at risk of being taken away. Despite their vital role and extensive
experience, 18-b lawyers/Attorneys for Children have not received a
raise in their rates since 2004. They received only two raises in the
last 32 years. They are currently compensated at a rate of $75/hour -
far below the average rate of compensation for attorneys in this state.
In order to continue to maintain the quality of the attorneys currently
available, and to attract experienced and qualified attorneys, 18-b
attorneys/Attorneys for Children must be provided an hourly rate that is
respectful and commensurate with their legal experience.

 
PRIOR LEGISLATIVE HISTORY:

S6004A of 2020

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
April 1, 2023

2021-S3527B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3527--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens.  BAILEY,  AKSHAR, BROUK, COMRIE, COONEY, GAUGHRAN,
   HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, KRUEGER,  LANZA,  MANNION,  MAY,
   MYRIE,  PALUMBO,  SALAZAR, SEPULVEDA, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Local
   Government  --  recommitted  to  the  Committee on Local Government in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee  and  committed  to  the
   Committee  on  Finance  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the county law and the judiciary  law,  in  relation  to
   entitled compensation for client representation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 722-b of the county law, as amended by section 2 of
 part J of chapter 62 of the laws of 2003, is amended to read as follows:
   § 722-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-two 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  by  law
 who  is  initially  charged  with a misdemeanor or lesser offense and no
 felony, compensation for such misdemeanor or  lesser  offense  represen-
 tation at a rate of [sixty] ONE HUNDRED TWENTY dollars per hour for time
 expended  in court or before a magistrate, judge or justice, and [sixty]
 ONE HUNDRED TWENTY dollars per hour for time reasonably expended out  of
 court, and shall receive reimbursement for expenses reasonably incurred;
 and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07518-04-2
 S. 3527--B                          2

 
   (b) for representation of a person in all other cases governed by this
 article,  including  all  representation  in an appellate court, compen-
 sation at a rate of [seventy-five] ONE HUNDRED FIFTY  dollars  per  hour
 for  time  expended  in  court before a magistrate, judge or justice and
 [seventy-five]  ONE  HUNDRED  FIFTY dollars per hour for time reasonably
 expended out of court, and  shall  receive  reimbursement  for  expenses
 reasonably incurred.
   2. [Except as 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 two thousand four hundred dollars; and
   (b) pursuant to paragraph (b) of subdivision one of this section shall
 not exceed four thousand four hundred dollars] HOURLY COMPENSATION TO BE
 RECEIVED  PURSUANT  TO PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS
 SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF LIVING INCREASE. SUCH COST
 OF LIVING INCREASE SHALL BE CALCULATED AS THE CURRENT RATE OF  INFLATION
 AS  DETERMINED  BY  THE CONSUMER PRICE INDEX, AS COMPUTED BY THE FEDERAL
 BUREAU OF LABOR STATISTICS.
   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  herein
 provided.
   § 2. Section 722-e of the county law, as amended by section 11 of part
 VVV of chapter 59 of the laws of 2017, is amended to read as follows:
   §  722-e. Expenses. 1. 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. Provided, however, that any such addi-
 tional expenses incurred for the provision of counsel and services as  a
 result  of the implementation of a plan established pursuant to subdivi-
 sion four of section eight hundred  thirty-two  of  the  executive  law,
 including any interim steps taken to implement such plan, shall be reim-
 bursed by the state to the county or city providing such services.  Such
 plans shall be submitted by the office of indigent legal services to the
 director  of  the  division of budget for review and approval.  However,
 the director's approval shall be limited solely to the plan's  projected
 fiscal  impact  of  the required appropriation for the implementation of
 such plan, and his or her approval shall not be  unreasonably  withheld.
 The  state  shall  appropriate  funds  sufficient  to  provide  for  the
 reimbursement required by this section.
   2. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT  TO  PARA-
 GRAPH  (A)  OF  SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF
 THIS ARTICLE IN EXCESS OF SIXTY DOLLARS PER HOUR AND  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF THIS ARTICLE IN
 EXCESS OF SEVENTY-FIVE DOLLARS PER HOUR SHALL BE FUNDED BY THE STATE.
 S. 3527--B                          3
 
   §  3.  Subdivision 3 of section 35 of the judiciary law, as amended by
 section 5 of part J of chapter 62 of the laws of  2003,  is  amended  to
 read as follows:
   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 with-
 out 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 of [seventy-five] ONE HUNDRED FIFTY dollars per
 hour for time expended in court, and [seventy-five]  ONE  HUNDRED  FIFTY
 dollars  per  hour  for time reasonably expended out of court, and shall
 receive reimbursement for expenses reasonably  incurred.  For  represen-
 tation  upon a hearing, compensation and reimbursement shall be fixed by
 the court wherein the hearing was held [and such compensation shall  not
 exceed  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 four thousand four hundred
 dollars. In  extraordinary  circumstances  the  court  may  provide  for
 compensation in excess of the foregoing limits].
   §  4.  Section  35  of  the judiciary law is amended by adding two new
 subdivisions 9 and 10 to read as follows:
   9. HOURLY COMPENSATION TO BE RECEIVED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF LIVING INCREASE. SUCH
 COST OF LIVING INCREASE SHALL BE  CALCULATED  AS  THE  CURRENT  RATE  OF
 INFLATION  AS DETERMINED BY THE CONSUMER PRICE INDEX, AS COMPUTED BY THE
 FEDERAL BUREAU OF LABOR STATISTICS.
   10. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION SHALL BE FUNDED BY THE STATE.
   § 5. This act shall take effect April 1, 2023. Effective  immediately,
 the  addition, amendment, and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

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Senate Bill S3527B

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Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2021-S3527 - Details

2021-S3527 - Summary

2021-S3527 - Sponsor Memo

2021-S3527 - Bill Text download pdf

co-Sponsors

2021-S3527A - Details

2021-S3527A - Summary

2021-S3527A - Sponsor Memo

2021-S3527A - Bill Text download pdf

co-Sponsors

2021-S3527B (ACTIVE) - Details

2021-S3527B (ACTIVE) - Summary

2021-S3527B (ACTIVE) - Sponsor Memo

2021-S3527B (ACTIVE) - Bill Text download pdf

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