STATE OF NEW YORK
________________________________________________________________________
8771
IN SENATE
March 11, 2024
___________
Introduced by Sen. BAILEY -- 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
setting hourly rates for persons representing certain persons in court
or before a magistrate
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 1 of
2 part GG of chapter 56 of the laws of 2023, is amended 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 one hundred fifty-eight dollars per hour for time
13 expended in court or before a magistrate, judge or justice, and one
14 hundred fifty-eight 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 one hundred [fifty-eight] sixty-four dollars per
20 hour for time expended in court before a magistrate, judge or justice
21 and one hundred [fifty-eight] sixty-four dollars per hour for time
22 reasonably expended out of court, and shall receive reimbursement for
23 expenses reasonably incurred.
24 1-a. (a) The hourly rates set by paragraphs (a) and (b) of subdivision
25 one of this section shall be adjusted annually, effective April first of
26 each year, beginning in the year two thousand twenty-six.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14793-01-4
S. 8771 2
1 (b) The hourly rate for representation established under paragraph (a)
2 of subdivision one of this section shall be adjusted to equal no less
3 than eighty percent of the hourly rate calculated under paragraph (c) of
4 this subdivision, rounded to the nearest dollar.
5 (c) The hourly rate for representation under paragraph (b) of subdivi-
6 sion one of this section shall be adjusted annually to equal no less
7 than the hourly rate paid to assigned counsel in non-capital cases in
8 federal district court pursuant to 18 U.S.C. § 3006A and related laws
9 and regulations for the calendar year two years prior.
10 2. (a) Except as provided in subdivision three of this section,
11 compensation for time expended in providing representation pursuant to
12 subdivision one of this section shall not exceed ten thousand dollars,
13 provided that such figure shall be adjusted annually, effective April
14 first of each year, beginning in the year two thousand twenty-six.
15 (b) For representation under paragraph (a) of subdivision one of this
16 section, the case compensation maximum shall be adjusted annually to
17 equal no less than eighty percent of the case compensation maximum
18 calculated under paragraph (c) of this subdivision, rounded to the near-
19 est dollar.
20 (c) For representation under paragraph (b) of subdivision one of this
21 section, the case compensation maximum shall be adjusted annually to
22 equal no less than the case compensation maximum for assigned counsel in
23 non-capital cases in federal district court pursuant to 18 U.S.C. §
24 3006A and related laws and regulations for the calendar year two years
25 prior.
26 3. For representation on an appeal, compensation and reimbursement
27 shall be fixed by the appellate court. For all other representation,
28 compensation and reimbursement shall be fixed by the trial court judge.
29 In extraordinary circumstances a trial or appellate court may provide
30 for compensation in excess of the foregoing limits and for payment of
31 compensation and reimbursement for expenses before the completion of the
32 representation.
33 4. Each claim for compensation and reimbursement shall be supported by
34 a sworn statement specifying the time expended, services rendered,
35 expenses incurred and reimbursement or compensation applied for or
36 received in the same case from any other source. No counsel assigned
37 hereunder shall seek or accept any fee for representing the party for
38 whom [he or she] such counsel is assigned without approval of the court
39 as herein provided.
40 § 2. Subdivision 3 of section 35 of the judiciary law, as amended by
41 section 3 of part GG of chapter 56 of the laws of 2023, is amended as
42 follows:
43 3. a. No counsel assigned pursuant to this section shall seek or
44 accept any fee for representing the person for whom [he or she] such
45 counsel is assigned without approval of the court as herein provided.
46 Whenever it appears that such person is financially able to obtain coun-
47 sel or make partial payment for the representation, counsel may report
48 this fact to the court and the court may terminate the assignment or
49 authorize payment, as the interests of justice may dictate, to such
50 counsel. Counsel assigned hereunder shall at the conclusion of the
51 representation receive compensation at a rate of one hundred fifty-eight
52 dollars per hour for time expended in court, and one hundred fifty-eight
53 dollars per hour for time reasonably expended out of court, and shall
54 receive reimbursement for expenses reasonably incurred, provided that
55 such figure shall be adjusted annually, effective April first of each
56 year, to equal no less than the hourly rate calculated under paragraph
S. 8771 3
1 (b) of subdivision one-a of section seven hundred twenty-two-b of the
2 county law.
3 b. For representation upon a hearing, compensation and reimbursement
4 shall be fixed by the court wherein the hearing was held and such
5 compensation shall not exceed ten thousand dollars. For representation
6 in an appellate court, compensation and reimbursement shall be fixed by
7 such court and such compensation shall not exceed ten thousand dollars,
8 provided that such figure shall be adjusted annually, effective April
9 first of each year, to equal no less than the case compensation maximum
10 calculated under paragraph (c) of subdivision two of section seven
11 hundred twenty-two-b of the county law. In extraordinary circumstances
12 the court may provide for compensation in excess of the foregoing
13 limits.
14 § 3. This act shall take effect April 1, 2025.
