Bill Text: NY A00240 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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 sixty-four dollars per hour; makes related provisions.

Spectrum: Partisan Bill (Democrat 32-0)

Status: (Introduced) 2024-01-03 - referred to ways and means [A00240 Detail]

Download: New_York-2023-A00240-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           240

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A.  MAGNARELLI, LUNSFORD, THIELE, STERN, COLTON,
          EPSTEIN,  SIMON,  LAVINE,  McMAHON,  STECK,  JACKSON,  SAYEGH,  CLARK,
          STIRPE,  TAPIA, GUNTHER, DINOWITZ, CRUZ, MEEKS, BRONSON, DAVILA, COOK,
          HEVESI, WALKER, JEAN-PIERRE,  JONES,  EICHENSTEIN,  BARRETT,  LUPARDO,
          KELLES,  SILLITTI  --  read once and referred to the Committee on Ways
          and Means

        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
    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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00321-01-3
        A. 240                              2

     1  [seventy-five] one hundred fifty dollars per hour  for  time  reasonably
     2  expended  out  of  court,  and  shall receive reimbursement for expenses
     3  reasonably incurred.
     4    2. [Except as provided in this section, compensation for time expended
     5  in providing representation:
     6    (a) pursuant to paragraph (a) of subdivision one of this section shall
     7  not exceed two thousand four hundred dollars; and
     8    (b) pursuant to paragraph (b) of subdivision one of this section shall
     9  not exceed four thousand four hundred dollars] Hourly compensation to be
    10  received  pursuant  to paragraphs (a) and (b) of subdivision one of this
    11  section shall be subject to an annual cost of living increase. Such cost
    12  of living increase shall be calculated as the current rate of  inflation
    13  as  determined  by  the consumer price index, as computed by the federal
    14  bureau of labor statistics.
    15    3. [For representation on an appeal,  compensation  and  reimbursement
    16  shall  be  fixed  by  the appellate court. For all other representation,
    17  compensation and reimbursement shall be fixed by the trial court  judge.
    18  In  extraordinary  circumstances  a trial or appellate court may provide
    19  for compensation in excess of the foregoing limits and  for  payment  of
    20  compensation and reimbursement for expenses before the completion of the
    21  representation.
    22    4.]  Each  claim for compensation and reimbursement shall be supported
    23  by a sworn statement specifying the time  expended,  services  rendered,
    24  expenses  incurred  and  reimbursement  or  compensation  applied for or
    25  received in the same case from any other  source.  No  counsel  assigned
    26  hereunder  shall  seek  or accept any fee for representing the party for
    27  whom he or she is assigned without  approval  of  the  court  as  herein
    28  provided.
    29    § 2. Section 722-e of the county law, as amended by section 11 of part
    30  VVV of chapter 59 of the laws of 2017, is amended to read as follows:
    31    §  722-e. Expenses. 1. All expenses for providing counsel and services
    32  other than counsel hereunder shall be a county charge or in the case  of
    33  a county wholly located within a city a city charge to be paid out of an
    34  appropriation  for such purposes. Provided, however, that any such addi-
    35  tional expenses incurred for the provision of counsel and services as  a
    36  result  of the implementation of a plan established pursuant to subdivi-
    37  sion four of section eight hundred  thirty-two  of  the  executive  law,
    38  including any interim steps taken to implement such plan, shall be reim-
    39  bursed by the state to the county or city providing such services.  Such
    40  plans shall be submitted by the office of indigent legal services to the
    41  director  of  the  division of budget for review and approval.  However,
    42  the director's approval shall be limited solely to the plan's  projected
    43  fiscal  impact  of  the required appropriation for the implementation of
    44  such plan, and his or her approval shall not be  unreasonably  withheld.
    45  The  state  shall  appropriate  funds  sufficient  to  provide  for  the
    46  reimbursement required by this section.
    47    2. All expenses for providing counsel and services pursuant  to  para-
    48  graph  (a)  of  subdivision one of section seven hundred twenty-two-b of
    49  this article in excess of sixty dollars per hour and  paragraph  (b)  of
    50  subdivision one of section seven hundred twenty-two-b of this article in
    51  excess of seventy-five dollars per hour shall be funded by the state.
    52    §  3.  Subdivision 3 of section 35 of the judiciary law, as amended by
    53  section 5 of part J of chapter 62 of the laws of  2003,  is  amended  to
    54  read as follows:
    55    3.  No  counsel assigned pursuant to this section shall seek or accept
    56  any fee for representing the person for whom he or she is assigned with-
        A. 240                              3

     1  out approval of the court as herein provided. Whenever it  appears  that
     2  such  person  is  financially  able  to  obtain  counsel or make partial
     3  payment for the representation, counsel may  report  this  fact  to  the
     4  court  and  the court may terminate the assignment or authorize payment,
     5  as the interests of  justice  may  dictate,  to  such  counsel.  Counsel
     6  assigned hereunder shall at the conclusion of the representation receive
     7  compensation  at  a rate of [seventy-five] one hundred fifty dollars per
     8  hour for time expended in court, and [seventy-five]  one  hundred  fifty
     9  dollars  per  hour  for time reasonably expended out of court, and shall
    10  receive reimbursement for expenses reasonably  incurred.  For  represen-
    11  tation  upon a hearing, compensation and reimbursement shall be fixed by
    12  the court wherein the hearing was held [and such compensation shall  not
    13  exceed  four  thousand  four  hundred  dollars. For representation in an
    14  appellate court, compensation and reimbursement shall be fixed  by  such
    15  court  and such compensation shall not exceed four thousand four hundred
    16  dollars. In  extraordinary  circumstances  the  court  may  provide  for
    17  compensation in excess of the foregoing limits].
    18    §  4.  Section  35  of  the judiciary law is amended by adding two new
    19  subdivisions 9 and 10 to read as follows:
    20    9. Hourly compensation to be received pursuant to subdivision three of
    21  this section shall be subject to an annual cost of living increase. Such
    22  cost of living increase shall be  calculated  as  the  current  rate  of
    23  inflation  as determined by the consumer price index, as computed by the
    24  federal bureau of labor statistics.
    25    10. All expenses for providing counsel and services pursuant to subdi-
    26  vision three of this section shall be funded by the state.
    27    § 5. This act shall take effect April 1, 2025. Effective  immediately,
    28  the  addition, amendment, and/or repeal of any rule or regulation neces-
    29  sary for the implementation of  this  act  on  its  effective  date  are
    30  authorized to be made and completed on or before such effective date.