Legislation
SECTION 722-B
Compensation and reimbursement for representation
County (CNT) CHAPTER 11, ARTICLE 18-B
§ 722-b. Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association
conforming to the requirements of section seven hundred twenty-two of
this article whereby the services of private counsel are rotated and
coordinated by an administrator shall at the conclusion of the
representation receive for representation of a person in all cases
governed by this article, including all representation in an appellate
court, compensation at a rate of one hundred fifty-eight dollars per
hour for time expended in court before a magistrate, judge or justice
and one hundred fifty-eight dollars per hour for time reasonably
expended out of court, and shall receive reimbursement for expenses
reasonably incurred.
2. Except as provided in subdivision three of this section,
compensation for time expended in providing representation pursuant to
subdivision one of this section shall not exceed ten thousand 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 herein
provided.
counsel assigned in accordance with a plan of a bar association
conforming to the requirements of section seven hundred twenty-two of
this article whereby the services of private counsel are rotated and
coordinated by an administrator shall at the conclusion of the
representation receive for representation of a person in all cases
governed by this article, including all representation in an appellate
court, compensation at a rate of one hundred fifty-eight dollars per
hour for time expended in court before a magistrate, judge or justice
and one hundred fifty-eight dollars per hour for time reasonably
expended out of court, and shall receive reimbursement for expenses
reasonably incurred.
2. Except as provided in subdivision three of this section,
compensation for time expended in providing representation pursuant to
subdivision one of this section shall not exceed ten thousand 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 herein
provided.