Provides the amount of compensation an attorney shall receive from representing a client which was assigned to the attorney through the bar association.
STATE OF NEW YORK
________________________________________________________________________
6004--A
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
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.
LBD11867-02-9
S. 6004--A 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. This act shall take effect April 1, 2020. Effective immediately,
27 the addition, amendment, and/or repeal of any rule or regulation neces-
28 sary for the implementation of this act on its effective date are
29 authorized to be made and completed on or before such effective date.
