BROUK, COMRIE, COONEY, HARCKHAM, HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LANZA, MANNION, MAY,
MYRIE, PALUMBO, SALAZAR, SEPULVEDA, THOMAS
MLTSPNSR
Amd §§722-b & 722-e, County L; amd §35, Judy L
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.
STATE OF NEW YORK
________________________________________________________________________
1777
2023-2024 Regular Sessions
IN SENATE
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:
1 Section 1. Section 722-b of the county law, as amended by section 2 of
2 part J of chapter 62 of the laws of 2003, is amended to read as follows:
3 § 722-b. Compensation and reimbursement for representation. 1. All
4 counsel assigned in accordance with a plan of a bar association conform-
5 ing to the requirements of section seven hundred twenty-two of this
6 article whereby the services of private counsel are rotated and coordi-
7 nated by an administrator shall at the conclusion of the representation
8 receive:
9 (a) for representation of a person entitled to representation by law
10 who is initially charged with a misdemeanor or lesser offense and no
11 felony, compensation for such misdemeanor or lesser offense represen-
12 tation at a rate of [sixty] one hundred twenty dollars per hour for time
13 expended in court or before a magistrate, judge or justice, and [sixty]
14 one hundred twenty dollars per hour for time reasonably expended out of
15 court, and shall receive reimbursement for expenses reasonably incurred;
16 and
17 (b) for representation of a person in all other cases governed by this
18 article, including all representation in an appellate court, compen-
19 sation at a rate of [seventy-five] one hundred fifty dollars per hour
20 for time expended in court before a magistrate, judge or justice and
21 [seventy-five] one hundred fifty dollars per hour for time reasonably
22 expended out of court, and shall receive reimbursement for expenses
23 reasonably incurred.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00321-01-3
S. 1777 2
1 2. [Except as provided in this section, compensation for time expended
2 in providing representation:
3 (a) pursuant to paragraph (a) of subdivision one of this section shall
4 not exceed two thousand four hundred dollars; and
5 (b) pursuant to paragraph (b) of subdivision one of this section shall
6 not exceed four thousand four hundred dollars] Hourly compensation to be
7 received pursuant to paragraphs (a) and (b) of subdivision one of this
8 section shall be subject to an annual cost of living increase. Such cost
9 of living increase shall be calculated as the current rate of inflation
10 as determined by the consumer price index, as computed by the federal
11 bureau of labor statistics.
12 3. [For representation on an appeal, compensation and reimbursement
13 shall be fixed by the appellate court. For all other representation,
14 compensation and reimbursement shall be fixed by the trial court judge.
15 In extraordinary circumstances a trial or appellate court may provide
16 for compensation in excess of the foregoing limits and for payment of
17 compensation and reimbursement for expenses before the completion of the
18 representation.
19 4.] Each claim for compensation and reimbursement shall be supported
20 by a sworn statement specifying the time expended, services rendered,
21 expenses incurred and reimbursement or compensation applied for or
22 received in the same case from any other source. No counsel assigned
23 hereunder shall seek or accept any fee for representing the party for
24 whom he or she is assigned without approval of the court as herein
25 provided.
26 § 2. Section 722-e of the county law, as amended by section 11 of part
27 VVV of chapter 59 of the laws of 2017, is amended to read as follows:
28 § 722-e. Expenses. 1. All expenses for providing counsel and services
29 other than counsel hereunder shall be a county charge or in the case of
30 a county wholly located within a city a city charge to be paid out of an
31 appropriation for such purposes. Provided, however, that any such addi-
32 tional expenses incurred for the provision of counsel and services as a
33 result of the implementation of a plan established pursuant to subdivi-
34 sion four of section eight hundred thirty-two of the executive law,
35 including any interim steps taken to implement such plan, shall be reim-
36 bursed by the state to the county or city providing such services. Such
37 plans shall be submitted by the office of indigent legal services to the
38 director of the division of budget for review and approval. However,
39 the director's approval shall be limited solely to the plan's projected
40 fiscal impact of the required appropriation for the implementation of
41 such plan, and his or her approval shall not be unreasonably withheld.
42 The state shall appropriate funds sufficient to provide for the
43 reimbursement required by this section.
44 2. All expenses for providing counsel and services pursuant to para-
45 graph (a) of subdivision one of section seven hundred twenty-two-b of
46 this article in excess of sixty dollars per hour and paragraph (b) of
47 subdivision one of section seven hundred twenty-two-b of this article in
48 excess of seventy-five dollars per hour shall be funded by the state.
49 § 3. Subdivision 3 of section 35 of the judiciary law, as amended by
50 section 5 of part J of chapter 62 of the laws of 2003, is amended to
51 read as follows:
52 3. No counsel assigned pursuant to this section shall seek or accept
53 any fee for representing the person for whom he or she is assigned with-
54 out approval of the court as herein provided. Whenever it appears that
55 such person is financially able to obtain counsel or make partial
56 payment for the representation, counsel may report this fact to the
S. 1777 3
1 court and the court may terminate the assignment or authorize payment,
2 as the interests of justice may dictate, to such counsel. Counsel
3 assigned hereunder shall at the conclusion of the representation receive
4 compensation at a rate of [seventy-five] one hundred fifty dollars per
5 hour for time expended in court, and [seventy-five] one hundred fifty
6 dollars per hour for time reasonably expended out of court, and shall
7 receive reimbursement for expenses reasonably incurred. For represen-
8 tation upon a hearing, compensation and reimbursement shall be fixed by
9 the court wherein the hearing was held [and such compensation shall not
10 exceed four thousand four hundred dollars. For representation in an
11 appellate court, compensation and reimbursement shall be fixed by such
12 court and such compensation shall not exceed four thousand four hundred
13 dollars. In extraordinary circumstances the court may provide for
14 compensation in excess of the foregoing limits].
15 § 4. Section 35 of the judiciary law is amended by adding two new
16 subdivisions 9 and 10 to read as follows:
17 9. Hourly compensation to be received pursuant to subdivision three of
18 this section shall be subject to an annual cost of living increase. Such
19 cost of living increase shall be calculated as the current rate of
20 inflation as determined by the consumer price index, as computed by the
21 federal bureau of labor statistics.
22 10. All expenses for providing counsel and services pursuant to subdi-
23 vision three of this section shall be funded by the state.
24 § 5. This act shall take effect April 1, 2025. Effective immediately,
25 the addition, amendment, and/or repeal of any rule or regulation neces-
26 sary for the implementation of this act on its effective date are
27 authorized to be made and completed on or before such effective date.
