Bill Text: NY A06013 | 2021-2022 | General Assembly | Amended

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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

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                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.
                                                                   LBD07518-05-2
        A. 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 expended
    11  in providing representation:
    12    (a) pursuant to paragraph (a) of subdivision one of this section shall
    13  not exceed two thousand four hundred dollars; and
    14    (b) pursuant to paragraph (b) of subdivision one of this section shall
    15  not 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 reimbursement
    22  shall be fixed by the appellate court.  For  all  other  representation,
    23  compensation  and reimbursement shall be fixed by the trial court judge.
    24  In extraordinary circumstances a trial or appellate  court  may  provide
    25  for  compensation  in  excess of the foregoing limits and for payment of
    26  compensation and reimbursement for expenses before the completion of the
    27  representation.
    28    4.] 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) of
        A. 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  not
    20  exceed  four  thousand  four  hundred  dollars. For representation in an
    21  appellate court, compensation and reimbursement shall be fixed  by  such
    22  court  and such compensation shall not exceed four thousand four hundred
    23  dollars. In  extraordinary  circumstances  the  court  may  provide  for
    24  compensation 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.