NY State Senate Bill 2023-S1777

Senate Bill S1777

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Local Government 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government
Jan 13, 2023	referred to local government

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2023-S1777 (ACTIVE) - Details

Current Committee:: Senate Local Government
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
2021-2022: S3527

2023-S1777 (ACTIVE) - 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.

2023-S1777 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1777

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:

221-22: S3527 - Committed to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
April 1, 2025

2023-S1777 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1777
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. BAILEY, BROUK, COMRIE, COONEY, HARCKHAM, HOYLMAN-SI-
   GAL,  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
 
 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
 expended  out  of  court,  and  shall receive reimbursement for expenses
 reasonably incurred.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00321-01-3

 S. 1777                             2
 
   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
 such  person  is  financially  able  to  obtain  counsel or make partial
 payment for the representation, counsel may  report  this  fact  to  the
 S. 1777                             3
 
 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, 2025. 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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