STATE OF NEW YORK
________________________________________________________________________
2839
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
___________
Introduced by Sens. PARKER, BAILEY, HOYLMAN, PERKINS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Local Government
AN ACT to amend the county law, the real property actions and
proceedings law, the vehicle and traffic law, the state finance law
and the judiciary law, in relation to enacting the "NY Civil Gideon
Act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "New York
2 Civil Gideon act".
3 § 2. The county law is amended by adding a new article 18-C to read as
4 follows:
5 ARTICLE 18-C
6 REPRESENTATION OF PERSONS IN CIVIL MATTERS
7 Section 723. Legislative findings.
8 723-a. Civil right to counsel commission.
9 723-b. Lead agency for civil right to counsel.
10 723-c. Assigned counsel for civil matters review panel.
11 723-d. Compensation and reimbursement.
12 § 723. Legislative findings. The legislature hereby finds and declares
13 as follows:
14 1. Every year, at least eighty percent of the civil legal needs of low
15 income New Yorkers go unmet.
16 2. These legal needs often concern matters pertaining to the essen-
17 tials of life including shelter, food, employment, health, and family
18 sustainability.
19 3. The lack of available civil legal assistance undermines comprehen-
20 sive assistance for crime victims.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06176-01-7
S. 2839 2
1 4. The lack of civil legal services to resolve a family's legal prob-
2 lems often disrupts the children and young adults' education, frequently
3 with a permanent impact.
4 5. The lack of civil legal services can worsen chronic health problems
5 often increasing the cost of medical care.
6 6. The lack of civil legal services can result in homelessness not
7 only affecting the individual families but also destabilizing entire
8 neighborhoods.
9 7. In light of these trying economic times, the need for civil legal
10 services has increased beyond individuals below the federal poverty
11 guidelines to homeowners and other middle income New Yorkers that
12 provide the foundation for New York's economy.
13 8. The substantial number of unrepresented litigants in civil legal
14 matters adversely impacts the quality of justice for all parties in the
15 courts of New York state, increases the amount of litigation, and under-
16 mines the rule of law.
17 9. It has been found that when a society is unable to meet their basic
18 human needs it is in an ongoing state of emergency.
19 10. The unmet need for civil legal assistance in the state is
20 profoundly impacting vulnerable New Yorkers and costing taxpayers
21 millions of dollars by increasing homelessness, failing to prevent
22 domestic violence, and increasing poverty.
23 11. In order to address this emergency, this legislature finds that a
24 right to counsel in certain civil matters is imperative.
25 § 723-a. Civil right to counsel commission. 1. There is hereby estab-
26 lished the civil right to counsel commission. The commission shall be
27 composed of eleven members.
28 2. a. The members of the commission shall be appointed as follows:
29 (i) one member shall be appointed by the governor and shall be an
30 attorney with expertise in civil legal services;
31 (ii) one member shall be appointed by the temporary president of the
32 senate;
33 (iii) one member shall be appointed by the speaker of the assembly;
34 (iv) one member shall be appointed by the minority leader of the
35 assembly;
36 (v) one member shall be appointed by the minority leader of the
37 senate;
38 (vi) two members shall be appointed by the chief judge of the court of
39 appeals;
40 (vii) one member shall be appointed by the association of counties;
41 (viii) one member shall be appointed by the mayor of the city of New
42 York and shall be an attorney who has provided civil legal services for
43 at least five years;
44 (ix) one member shall be appointed by the governor, from a list of no
45 more than two nominees submitted by the chief administrator of the
46 courts, each of whom shall be a judge or justice, or retired judge or
47 justice, who was elected to the supreme, county or family court, or
48 appointed to the criminal court or family court in the city of New York,
49 and has substantial experience presiding as such a judge or justice in
50 trial matters before such court; and
51 (x) one member shall be appointed by the New York state bar associ-
52 ation.
53 b. All members of the commission shall be residents of the state of
54 New York.
55 c. The members of the commission shall serve terms of four years. All
56 members shall serve until their successors are appointed. Vacancies on
S. 2839 3
1 the commission shall be filled for the remainder of the term in the
2 manner provided for by the original appointment.
3 d. The members of the commission shall receive no compensation for
4 their services, but shall be allowed their actual and necessary expenses
5 incurred in the performance of their duties.
6 e. Notwithstanding any inconsistent provisions of law, no officer or
7 employee of the state or any civil division thereof shall be deemed to
8 have forfeited or shall forfeit his or her office or employment by
9 reason of his or her acceptance of membership on the commission.
10 f. The commission shall meet at least once per year.
11 g. A majority of the members of the commission shall constitute a
12 quorum.
13 h. The chief judge of the court of appeals, or his or her designee,
14 shall serve as a non-voting ex-officio member of the commission.
15 i. Appointment to the commission shall be filed by the chief judge of
16 the court of appeals, who shall convene the first meeting of the commis-
17 sion following the filing of the majority of appointments. At the
18 initial meeting the members shall elect officers.
19 3. The commission shall submit to the governor, temporary president of
20 the senate, speaker of the assembly and the chief judge of the court of
21 appeals an annual report on or before the anniversary date of the
22 commission's first meeting. Such report shall contain all pertinent data
23 for the prior twelve months on the operation of the commission including
24 the number of assigned counsel in each county, the number of cases
25 assigned, the number of cases resolved, recommendations for additional
26 attorneys, if necessary, the cost of operation and financial assistance
27 to localities. Such report shall also include the proposed budget for
28 the succeeding twelve months including funds for financial assistance to
29 localities.
30 § 723-b. Lead agency for civil right to counsel. 1. Representation
31 for persons in civil matters shall be a partnership between the courts
32 and all qualified legal services providers, bar associations and private
33 organizations.
34 2. The legal services providers shall serve as the lead agency for
35 case assessment and direction under this article and furthermore shall:
36 a. be the central point of contact for receipt of referrals for legal
37 representation;
38 b. make determinations of eligibility based on uniform criteria;
39 c. be responsible for providing representation to the clients or
40 referring the matter to one of the organizations or individual providers
41 with whom the lead legal services agency contracts to provide the
42 service; and
43 d. to the extent practical, identify and make use of pro bono services
44 in order to maximize available services efficiently and economically.
45 3. Recognizing that not all indigent parties can be afforded represen-
46 tation, even when they have meritorious cases, the court partner shall,
47 as a corollary to the services provided by the lead legal services agen-
48 cy, be responsible for providing procedures, personnel, training, and
49 case management and administration practices that reflect best practices
50 to ensure unrepresented parties meaningful access to justice and to
51 guard against the involuntary waiver of rights, as well as to encourage
52 fair and expeditious voluntary dispute resolution, consistent with prin-
53 ciples of judicial neutrality.
54 4. The participating legal services agency shall be selected by the
55 judicial council.
S. 2839 4
1 a. The judicial council shall be made up of one administrative judge
2 from each judicial district. There shall be at least one legal services
3 agency chosen for each judicial district.
4 b. The judicial council shall assess the applicants' capacity for
5 success, innovation, and efficiency, including, but not limited to, the
6 likelihood that the agency would deliver quality representation in an
7 effective manner that would meet critical needs in the community and
8 address the needs of the court with regard to access to justice and
9 calendar management, and the unique local unmet needs for representation
10 in the community.
11 c. Agencies approved pursuant to this section shall initially be
12 authorized for a three-year period, commencing on the effective date of
13 this section and subject to renewal for a period to be determined by the
14 judicial council, in consultation with the participating agency in light
15 of the agency's capacity and success. After the initial three-year peri-
16 od, the judicial council shall distribute any future funds available as
17 the result of the termination or nonrenewal of an agency pursuant to the
18 process set forth in this subdivision.
19 d. Agencies shall be selected on the basis of whether, in the cases
20 proposed for service, the persons to be assisted are likely to be
21 opposed by a party who is represented by counsel. The judicial council
22 shall also consider the following factors in selecting the agencies:
23 (i) the likelihood that representation in the proposed case type tends
24 to affect whether a party prevails or otherwise obtains a significantly
25 more favorable outcome in a matter in which they would otherwise
26 frequently have judgment entered against them or suffer the deprivation
27 of the basic human need at issue;
28 (ii) the likelihood of reducing the risk of erroneous decisions;
29 (iii) the nature and severity of potential consequences for the unrep-
30 resented party regarding the basic human need at stake if representation
31 is not provided;
32 (iv) whether the provision of legal services may eliminate or reduce
33 the potential need for and cost of public social services regarding the
34 basic human need at stake for the client and others in the client's
35 household;
36 (v) the unmet need for legal services in the geographic area to be
37 served; and
38 (vi) the availability and effectiveness of other types of court
39 services, such as self-help.
40 e. Each applicant shall do the following:
41 (i) identify the nature of the partnership between the court and the
42 other agencies or other providers that would work within the project;
43 (ii) describe the referral protocols to be used, the criteria that
44 would be employed in case assessment, why those cases were selected, the
45 manner to address conflicts without violating any attorney-client privi-
46 lege when adverse parties are seeking representation through the
47 project, and the means for serving potential clients who need language
48 assistance within the court system; and
49 (iii) describe how the project would be administered, including how
50 the data collection requirements would be met without causing an undue
51 burden on the courts, clients, or the providers, the particular objec-
52 tives of the project, strategies to evaluate their success in meeting
53 those objectives, and the means by which the project would serve the
54 particular needs of the community, such as by providing representation
55 to limited-English-speaking clients, the elderly and the disabled.
S. 2839 5
1 5. To ensure the most effective use of the funding available, the lead
2 legal services agency shall serve as a hub for all referrals, and the
3 point at which decisions are made about which referrals will be served
4 and by whom. Referrals shall emanate from the court, as well as from the
5 other agencies providing services through the program, and shall be
6 directed to the lead legal services agency for review. That agency, or
7 another agency or attorney in the event of conflict, shall collect the
8 information necessary to assess whether the case should be served. In
9 performing that case assessment, the agency shall determine the relative
10 need for representation of the litigant, including all of the following:
11 a. case complexity;
12 b. whether the opposing party is represented;
13 c. the adversarial nature of the proceeding;
14 d. the availability and effectiveness of other types of services, such
15 as self-help, in light of the potential client and the nature of the
16 case;
17 e. barriers to access due to language;
18 f. barriers to access due to disability;
19 g. barriers to access due to literacy;
20 h. the merits of the case;
21 i. the nature and severity of potential consequences for the potential
22 client if representation is not provided; and
23 j. whether the provision of legal services may eliminate or reduce the
24 need for and cost of public social services for the potential client and
25 others in the potential client's household.
26 6. The decision and level of representation should be made at the sole
27 discretion of the lead agency, organization, or attorney based on the
28 factors set forth above.
29 7. If both parties to a dispute are financially eligible for represen-
30 tation, each proposal shall ensure that representation for both sides is
31 evaluated. In these and other cases in which conflict issues arise, the
32 lead legal services agency shall have referral protocols with other
33 agencies and providers, such as a private attorney panel, to address
34 those conflicts.
35 8. Each lead agency, organization, or attorney shall be responsible
36 for keeping records on the referrals accepted and those not accepted for
37 representation, and the reasons for each, in a manner that does not
38 violate any privileged communications between the agency and the
39 prospective client. Each lead agency, organization or attorney shall be
40 provided with standardized data collection tools to be determined by the
41 commission, and required to track case information for each referral to
42 allow the evaluation to measure the number of cases served, the level of
43 service required, and the outcomes for the clients in each case. In
44 addition to this information on the effect of the representation on the
45 clients, data shall be collected regarding the outcomes for the trial
46 courts. This data shall be compiled in a report to be submitted to the
47 commission on a quarterly basis.
48 § 723-c. Assigned counsel for civil matters review panel. 1. There is
49 hereby established the assigned counsel for civil matters review panel.
50 2. a. The review panel shall be composed of at least sixteen members,
51 to be appointed as follows:
52 (i) Attorney-in-Chief for the Legal Aid Society or his/her represen-
53 tative;
54 (ii) Chair of Legal Services NYC or his/her representative;
55 (iii) Executive Director of Legal Services of the Hudson Valley or
56 his/her representative;
S. 2839 6
1 (iv) Executive Director of the Legal Aid Society of Northeastern NY or
2 his/her representative;
3 (v) Executive Director of the Western NY Law Center or his/her repre-
4 sentative;
5 (vi) President of the Empire Justice Center or his/her representative;
6 (vii) Executive Director of the New York Lawyers for the Public Inter-
7 est or his/her representative;
8 (viii) The President of the New York legal assistance group or his/her
9 representative;
10 (ix) Executive Director of Lambda Legal or his/her representative;
11 (x) The immediate past President of the New York State Bar Association
12 or a representative appointed by the association;
13 (xi) The immediate past President of the Network of Bar Leaders or
14 his/her representative;
15 (xii) The immediate past President of the Women's Bar Association of
16 the State of New York or his/her representative;
17 (xiii) The immediate past President of the Metropolitan Black Bar
18 Association or his/her representative;
19 (xiv) The immediate past President of the New York State Director of
20 the Fund for Modern Courts or his/her representative;
21 (xv) Executive Director of the Iola Fund of the State of New York or
22 his/her representative; and
23 (xvi) One representative from the National Coalition for a Civil Right
24 to Counsel.
25 b. The members of the review panel shall serve terms of four years.
26 All members shall serve until their successors are appointed. Vacancies
27 on the review panel shall be filled for the remainder of the term in the
28 manner provided for by the original appointment.
29 c. The members of the review panel shall receive no compensation for
30 their services, but shall be allowed their actual and necessary expenses
31 incurred in the performance of their duties.
32 d. Notwithstanding any inconsistent provisions of law, no officer or
33 employee of the state or any civil division thereof shall be deemed to
34 have forfeited or shall forfeit his or her office or employment by
35 reason of his or her acceptance of membership on the review panel.
36 e. A majority of the members of the review panel shall constitute a
37 quorum.
38 f. The members of the review panel may participate in a meeting of
39 such review panel by means of a conference telephone or similar communi-
40 cations equipment allowing all persons participating in the meeting to
41 hear each other at the same time; participation by such means shall
42 constitute presence in person at such meeting.
43 3. The purpose of the panel is to ensure that quality representation
44 is provided under this article. This includes processing complaints
45 against attorneys assigned under this article, establishing the proper
46 remedy for aggrieved parties, attorney admission as assigned counsel,
47 attorney training, and all other procedures the review panel finds
48 necessary to achieve its goal. Nothing in this article shall prevent
49 any investigation under the New York state unified court system rules of
50 professional conduct or otherwise.
51 4. The review panel may work together with the civil right to counsel
52 commission to achieve the common goals of this article.
53 5. a. The chief judge of the court of appeals and the review panel
54 appointees shall convene the review panel and create a plan outlining
55 the procedure and guidelines to govern the panel and assigned counsel
56 program in accordance with the goal of providing quality civil legal
S. 2839 7
1 representation. The chief judge of the court of appeals shall consult
2 with the administrative judges of each judicial district to receive
3 guidance on the needs of each district.
4 b. The guidelines shall include but not be limited to:
5 (i) meeting requirements of the panel;
6 (ii) standards of quality representation;
7 (iii) training necessary to provide civil assigned counsel represen-
8 tation;
9 (iv) content for the complaint form for a grievance against an agency
10 or attorney assigned as civil assigned counsel;
11 (v) a grievance procedure; and
12 (vi) establishing possible remedies for those found to be aggrieved.
13 § 723-d. Compensation and reimbursement. 1. All counsel assigned in
14 accordance with a plan of the court, other organization, or a bar asso-
15 ciation conforming to the requirements of this article whereby the
16 services of private counsel are rotated and coordinated by an adminis-
17 trator shall at the conclusion of the representation receive:
18 a. for real property proceedings no less than fifty dollars per hour;
19 b. for cases involving health no less than fifty dollars per hour;
20 c. for cases involving license revocation or suspension no less than
21 fifty dollars per hour;
22 d. for cases involving sustenance no less than sixty dollars per hour;
23 and
24 e. for cases involving children no less than sixty dollars per hour.
25 2. For the purposes of this section:
26 a. real property proceedings shall include sections seven hundred
27 eleven, seven hundred thirteen, seven hundred thirteen-a, five hundred
28 one, one thousand ninety-three, thirteen hundred three and article thir-
29 teen of the real property actions and proceedings law;
30 b. cases involving health shall include article forty-nine of the
31 public health law;
32 c. cases involving license revocation or suspension shall include
33 sections two hundred twenty-seven, two hundred forty-two and two hundred
34 sixty-one of the vehicle and traffic law;
35 d. cases involving sustenance shall include sections one hundred nine-
36 ty-six-a, five hundred thirty-eight, six hundred twenty, six hundred
37 twenty-one, six hundred twenty-four, six hundred sixty-three and six
38 hundred eighty-one of the labor law, sections twenty-two and three
39 hundred sixty-five of the social services law and rule three hundred
40 five and article seventy-eight of the civil practice law and rules;
41 e. cases involving children shall include article four of the family
42 court act.
43 3. For all representation, compensation and reimbursement shall
44 include reimbursement for reasonably incurred expenses.
45 4. Compensation for representation in such cases shall be guided by
46 the minimum amounts set forth above. The compensation minimums are set
47 for counsel only, not support or administrative staff work. Work for
48 support or administrative staff should be set by individual counsel,
49 firm, or organization and should be set at a lower rate than compen-
50 sation for counsel.
51 5. There shall be no differential in compensation rate for out of
52 court time expended and in court time expended. Rates should be set at
53 the minimum stated above or higher based on the complexity of the case
54 and expertise of the attorney. Such rates shall be subject to the
55 approval of the court of jurisdiction based on the complexity of the
S. 2839 8
1 case, expertise of the attorney, the market, and any other factors the
2 court deems just and appropriate.
3 6. There should be no cap on the amount of compensation or reimburse-
4 ment received for representation. The amount of compensation and
5 reimbursement is subject to court approval as described above.
6 7. Compensation and reimbursement for appeal shall be fixed by the
7 appellate court not to be below the rates set forth in this section.
8 8. In extraordinary circumstances a trial or appellate court may
9 provide for payment of compensation and reimbursement for expenses
10 before the completion of the representation upon application.
11 § 3. The opening paragraph of section 722 of the county law, as
12 amended by chapter 7 of the laws of 2007, is amended to read as follows:
13 The governing body of each county and the governing body of the city
14 in which a county is wholly contained shall place in operation through-
15 out the county a plan for providing counsel to persons charged with a
16 crime or who are entitled to counsel pursuant to section two hundred
17 sixty-two or section eleven hundred twenty of the family court act,
18 article six-C of the correction law, section four hundred seven of the
19 surrogate's court procedure act or article ten of the mental hygiene
20 law, who are financially unable to obtain counsel. The governing body of
21 each county and the governing body of the city in which a county is
22 wholly contained shall also place in operation throughout the county a
23 plan for providing counsel to financially unable persons in civil
24 proceedings under this section, sections one hundred ninety-six-a, five
25 hundred thirty-eight, six hundred twenty, six hundred twenty-one, six
26 hundred twenty-four, six hundred sixty-three and six hundred eighty-one
27 of the labor law, sections twenty-two and three hundred five of the
28 social services law, where there is a revocation or suspension issued
29 pursuant to sections two hundred twenty-seven, two hundred forty-two and
30 two hundred sixty-one of the vehicle and traffic law, article forty-nine
31 of the public health law, sections seven hundred eleven, seven hundred
32 thirteen, seven hundred thirteen-a, five hundred one, one thousand nine-
33 ty-three, section thirteen hundred three and article thirteen of the
34 real property actions and proceedings law, rule three hundred five and
35 article seventy-eight of the civil practice law and rules and article
36 four of the family court act. For the purposes of this section the terms
37 "financially unable" and "low income" shall mean an individual who is at
38 or below two hundred percent of the federal poverty guidelines. Each
39 plan shall also provide for investigative, expert and other services
40 necessary for an adequate defense. The plan shall conform to one of the
41 following:
42 § 4. Subdivision 3 of section 1303 of the real property actions and
43 proceedings law, as amended by section 5 of part Q of chapter 73 of the
44 laws of 2016, is amended to read as follows:
45 3. The notice to any mortgagor required by paragraph (a) of subdivi-
46 sion one of this section shall appear as follows:
47 Help for Homeowners in Foreclosure
48 New York State Law requires that we send you this notice about the
49 foreclosure process. Please read it carefully.
50 Summons and Complaint
51 You are in danger of losing your home. If you fail to respond to the
52 summons and complaint in this foreclosure action, you may lose your
53 home. Please read the summons and complaint carefully. You should imme-
54 diately contact an attorney or your local legal aid office to obtain
55 advice on how to protect yourself.
56 Sources of Information and Assistance
S. 2839 9
1 The State encourages you to become informed about your options in
2 foreclosure. In addition to seeking assistance from an attorney or legal
3 aid office, there are government agencies and non-profit organizations
4 that you may contact for information about possible options, including
5 trying to work with your lender during this process. You may be enti-
6 tled to assigned counsel if you are financially unable to obtain repre-
7 sentation.
8 To locate an entity near you, you may call the toll-free helpline
9 maintained by the New York State Department of Financial Services at
10 (enter number) or visit the Department's website at (enter web address).
11 Rights and Obligations
12 YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right
13 to stay in your home during the foreclosure process. You are not
14 required to leave your home unless and until your property is sold at
15 auction pursuant to a judgment of foreclosure and sale.
16 Regardless of whether you choose to remain in your home, YOU ARE
17 REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accord-
18 ance with state and local law.
19 Foreclosure rescue scams
20 Be careful of people who approach you with offers to "save" your home.
21 There are individuals who watch for notices of foreclosure actions in
22 order to unfairly profit from a homeowner's distress. You should be
23 extremely careful about any such promises and any suggestions that you
24 pay them a fee or sign over your deed. State law requires anyone offer-
25 ing such services for profit to enter into a contract which fully
26 describes the services they will perform and fees they will charge, and
27 which prohibits them from taking any money from you until they have
28 completed all such promised services.
29 § 5. Section 722-c of the county law, as amended by section 3 of part
30 J of chapter 62 of the laws of 2003, is amended to read as follows:
31 § 722-c. Services other than counsel. Upon a finding in an ex parte
32 proceeding that investigative, expert or other services are necessary
33 and that the defendant or other person described in section two hundred
34 forty-nine or section two hundred sixty-two of the family court act,
35 article six-C of the correction law [or], section four hundred seven of
36 the surrogate's court procedure act, section seven hundred twenty-two of
37 this article, sections one hundred ninety-six-a, five hundred thirty-
38 eight, six hundred twenty, six hundred twenty-one, six hundred twenty-
39 four, six hundred sixty-three and six hundred eighty-one of the labor
40 law, sections twenty-two and three hundred five of the social services
41 law, where there is a revocation or suspension issued pursuant to
42 sections two hundred twenty-seven, two hundred forty-two and two hundred
43 sixty-one of the vehicle and traffic law, article forty-nine of the
44 public health law, sections seven hundred eleven, seven hundred thir-
45 teen, seven hundred thirteen-a, five hundred one, one thousand ninety-
46 three, thirteen hundred three and article thirteen of the real property
47 actions and proceedings law, rule three hundred five and article seven-
48 ty-eight of the civil practice law and rules, and article four of the
49 family court act, is financially unable to obtain them, the court shall
50 authorize counsel, whether or not assigned in accordance with a plan, to
51 obtain the services on behalf of the defendant or such other person. The
52 court upon a finding that timely procurement of necessary services could
53 not await prior authorization may authorize the services nunc pro tunc.
54 The court shall determine reasonable compensation for the services and
55 direct payment to the person who rendered them or to the person entitled
56 to reimbursement. [Only in extraordinary circumstances may the court
S. 2839 10
1 provide for compensation in excess of one thousand dollars per investi-
2 gative, expert or other service provider.]
3 Each claim for compensation shall be supported by a sworn statement
4 specifying the time expended, services rendered, expenses incurred and
5 reimbursement or compensation applied for or received in the same case
6 from any other source.
7 § 6. Section 227 of the vehicle and traffic law is amended by adding a
8 new subdivision 7 to read as follows:
9 7. A financially unable person who is charged with an offense punisha-
10 ble by a revocation or suspension of his or her drivers' license where
11 the person is dependent on driving for their employment or where there
12 is a lack of public transportation in the person's surrounding area
13 shall have a right to assigned counsel by the court. Assignment of coun-
14 sel under this section shall be implemented as provided in article eigh-
15 teen-B of the county law. For the purposes of this section the term
16 "financially unable" shall mean an individual who is at or below two
17 hundred percent of the federal poverty guidelines.
18 § 7. Section 261 of the vehicle and traffic law is amended by adding a
19 new subdivision 5 to read as follows:
20 5. Assignment of counsel. A financially unable person who is charged
21 with an offense punishable by a revocation or suspension of his or her
22 drivers' license where the person is dependent on driving for their
23 employment or where there is a lack of public transportation in the
24 person's surrounding area shall have a right to assigned counsel by the
25 court. Assignment of counsel under this section shall be implemented as
26 provided in article eighteen-B of the county law. For the purposes of
27 this section the term "financially unable" shall mean an individual who
28 is at or below two hundred percent of the federal poverty guidelines.
29 § 8. The state finance law is amended by adding a new section 98-d to
30 read as follows:
31 § 98-d. Civil Gideon assistance fund. 1. There is hereby established
32 in the joint custody of the comptroller, office of court administration
33 and the commissioner of taxation and finance a special fund to be known
34 as the civil Gideon assistance fund.
35 2. Such fund shall consist of all moneys appropriated for the purpose
36 of such fund, all other moneys required to be paid into or credited to
37 such fund, and all moneys received by the fund or donated to it.
38 3. A one-time surcharge of seventy-five dollars shall be added to the
39 biennial attorney fees to be added to this fund, as set forth in section
40 four hundred sixty-eight-a of the judicial law.
41 (a) The purpose of such fund shall be to: (i) assist counties and, in
42 the case of a county wholly contained within a city, such city, in
43 providing legal representation for persons who are financially unable to
44 afford counsel pursuant to article eighteen-C of the county law; (ii)
45 assist the state, in improving the quality of civil legal services
46 addressing the essentials of life and funding representation provided by
47 assigned counsel paid in accordance with section thirty-five of the
48 judiciary law; (iii) provide support for the operations, duties, respon-
49 sibilities and expenses for the right to civil representation commission
50 and panel established, respectively, pursuant to this article; and (iv)
51 provide funding for legal representation as described herein.
52 (b) State funds received by a county or city from such fund shall be
53 used to supplement and not supplant any local funds which such county or
54 city would otherwise have had to expend for the provision of counsel and
55 expert, investigative and other services pursuant to article eighteen-C
56 of the county law. All such state funds received by a county or city
S. 2839 11
1 shall be used to improve the quality of services provided pursuant to
2 article eighteen-C of the county law.
3 (c) As used in this section, "local funds" shall mean all funds appro-
4 priated or allocated by a county or, in the case of a county wholly
5 contained within a city, such city, for services and expenses in accord-
6 ance with article eighteen-C of the county law, other than funds
7 received from: (i) the federal government or the state; or (ii) a
8 private source, where such city or county does not have authority or
9 control over the payment of such funds by such private source.
10 3. Amounts distributed from such fund shall be limited to amounts
11 deemed appropriate by the office of court administration and shall be
12 distributed proportionately by level of need at the court's discretion.
13 (a) For all state fiscal years, each county and the city of New York,
14 shall receive ninety percent of the amount paid to such county in the
15 previous fiscal year.
16 (b) Remaining amounts within such fund, after accounting for annual
17 payments required in this section shall be distributed in accordance
18 with sections eight hundred thirty-two and eight hundred thirty-three of
19 the executive law.
20 § 9. Subdivision 5 of section 468-a of the judiciary law is renumbered
21 subdivision 6 and a new subdivision 5 is added to read as follows:
22 5. A one-time surcharge of seventy-five dollars shall be added to the
23 biennial attorney fees to be allocated to and be deposited into a fund
24 established pursuant to the provisions of article eighteen-C of the
25 county law. Such surcharge shall be assessed to every attorney in the
26 same manner as the biennial fee described in subdivision one of this
27 section.
28 § 10. This act shall take effect immediately, and the appointment of
29 members to the civil right to counsel commission and the assigned coun-
30 sel for civil matters review panel shall be completed within 90 days of
31 such effective date.
