Bill Text: NY A06013 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 41-0)
Status: (Introduced - Dead) 2022-05-25 - print number 6013b [A06013 Detail]
Download: New_York-2021-A06013-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6013--B 2021-2022 Regular Sessions IN ASSEMBLY March 4, 2021 ___________ Introduced by M. of A. MAGNARELLI, LUNSFORD, THIELE, STERN, ABINANTI, COLTON, GOTTFRIED, EPSTEIN, GALEF, SIMON, LAVINE, McMAHON, STECK, JACKSON, SAYEGH, CLARK, STIRPE, McDONALD, TAPIA, GUNTHER, DINOWITZ, CRUZ, MEEKS, BRONSON, O'DONNELL, DAVILA, FERNANDEZ, GRIFFIN, COOK, HEVESI, QUART, WALKER, JEAN-PIERRE, JONES -- Multi-Sponsored by -- M. of A. SILLITTI -- read once and referred to the Committee on Ways and Means -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07518-05-2A. 6013--B 2 1 court, and shall receive reimbursement for expenses reasonably incurred; 2 and 3 (b) for representation of a person in all other cases governed by this 4 article, including all representation in an appellate court, compen- 5 sation at a rate of [seventy-five] one hundred fifty dollars per hour 6 for time expended in court before a magistrate, judge or justice and 7 [seventy-five] one hundred fifty dollars per hour for time reasonably 8 expended out of court, and shall receive reimbursement for expenses 9 reasonably incurred. 10 2. [Except as provided in this section, compensation for time expended11in providing representation:12(a) pursuant to paragraph (a) of subdivision one of this section shall13not exceed two thousand four hundred dollars; and14(b) pursuant to paragraph (b) of subdivision one of this section shall15not exceed four thousand four hundred dollars] Hourly compensation to be 16 received pursuant to paragraphs (a) and (b) of subdivision one of this 17 section shall be subject to an annual cost of living increase. Such cost 18 of living increase shall be calculated as the current rate of inflation 19 as determined by the consumer price index, as computed by the federal 20 bureau of labor statistics. 21 3. [For representation on an appeal, compensation and reimbursement22shall be fixed by the appellate court. For all other representation,23compensation and reimbursement shall be fixed by the trial court judge.24In extraordinary circumstances a trial or appellate court may provide25for compensation in excess of the foregoing limits and for payment of26compensation and reimbursement for expenses before the completion of the27representation.284.] Each claim for compensation and reimbursement shall be supported 29 by a sworn statement specifying the time expended, services rendered, 30 expenses incurred and reimbursement or compensation applied for or 31 received in the same case from any other source. No counsel assigned 32 hereunder shall seek or accept any fee for representing the party for 33 whom he or she is assigned without approval of the court as herein 34 provided. 35 § 2. Section 722-e of the county law, as amended by section 11 of part 36 VVV of chapter 59 of the laws of 2017, is amended to read as follows: 37 § 722-e. Expenses. 1. All expenses for providing counsel and services 38 other than counsel hereunder shall be a county charge or in the case of 39 a county wholly located within a city a city charge to be paid out of an 40 appropriation for such purposes. Provided, however, that any such addi- 41 tional expenses incurred for the provision of counsel and services as a 42 result of the implementation of a plan established pursuant to subdivi- 43 sion four of section eight hundred thirty-two of the executive law, 44 including any interim steps taken to implement such plan, shall be reim- 45 bursed by the state to the county or city providing such services. Such 46 plans shall be submitted by the office of indigent legal services to the 47 director of the division of budget for review and approval. However, 48 the director's approval shall be limited solely to the plan's projected 49 fiscal impact of the required appropriation for the implementation of 50 such plan, and his or her approval shall not be unreasonably withheld. 51 The state shall appropriate funds sufficient to provide for the 52 reimbursement required by this section. 53 2. All expenses for providing counsel and services pursuant to para- 54 graph (a) of subdivision one of section seven hundred twenty-two-b of 55 this article in excess of sixty dollars per hour and paragraph (b) ofA. 6013--B 3 1 subdivision one of section seven hundred twenty-two-b of this article in 2 excess of seventy-five dollars per hour shall be funded by the state. 3 § 3. Subdivision 3 of section 35 of the judiciary law, as amended by 4 section 5 of part J of chapter 62 of the laws of 2003, is amended to 5 read as follows: 6 3. No counsel assigned pursuant to this section shall seek or accept 7 any fee for representing the person for whom he or she is assigned with- 8 out approval of the court as herein provided. Whenever it appears that 9 such person is financially able to obtain counsel or make partial 10 payment for the representation, counsel may report this fact to the 11 court and the court may terminate the assignment or authorize payment, 12 as the interests of justice may dictate, to such counsel. Counsel 13 assigned hereunder shall at the conclusion of the representation receive 14 compensation at a rate of [seventy-five] one hundred fifty dollars per 15 hour for time expended in court, and [seventy-five] one hundred fifty 16 dollars per hour for time reasonably expended out of court, and shall 17 receive reimbursement for expenses reasonably incurred. For represen- 18 tation upon a hearing, compensation and reimbursement shall be fixed by 19 the court wherein the hearing was held [and such compensation shall not20exceed four thousand four hundred dollars. For representation in an21appellate court, compensation and reimbursement shall be fixed by such22court and such compensation shall not exceed four thousand four hundred23dollars. In extraordinary circumstances the court may provide for24compensation in excess of the foregoing limits]. 25 § 4. Section 35 of the judiciary law is amended by adding two new 26 subdivisions 9 and 10 to read as follows: 27 9. Hourly compensation to be received pursuant to subdivision three of 28 this section shall be subject to an annual cost of living increase. Such 29 cost of living increase shall be calculated as the current rate of 30 inflation as determined by the consumer price index, as computed by the 31 federal bureau of labor statistics. 32 10. All expenses for providing counsel and services pursuant to subdi- 33 vision three of this section shall be funded by the state. 34 § 5. This act shall take effect April 1, 2023. Effective immediately, 35 the addition, amendment, and/or repeal of any rule or regulation neces- 36 sary for the implementation of this act on its effective date are 37 authorized to be made and completed on or before such effective date.
