Bill Text: NY A08236 | 2019-2020 | General Assembly | Introduced

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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.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A08236 Detail]

Download: New_York-2019-A08236-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8236

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 10, 2019
                                       ___________

        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Ways and Means

        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.
    24    2. [Except as provided in this section, compensation for time expended
    25  in providing representation:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13179-01-9
        A. 8236                             2

     1    (a) pursuant to paragraph (a) of subdivision one of this section shall
     2  not exceed two thousand four hundred dollars; and
     3    (b) pursuant to paragraph (b) of subdivision one of this section shall
     4  not exceed four thousand four hundred dollars] Hourly compensation to be
     5  received  pursuant  to paragraphs (a) and (b) of subdivision one of this
     6  section shall be subject to an annual cost of living increase. Such cost
     7  of living increase shall be calculated as the current rate of  inflation
     8  as  determined  by  the consumer price index, as computed by the federal
     9  bureau of labor statistics.
    10    3. [For representation on an appeal,  compensation  and  reimbursement
    11  shall  be  fixed  by  the appellate court. For all other representation,
    12  compensation and reimbursement shall be fixed by the trial court  judge.
    13  In  extraordinary  circumstances  a trial or appellate court may provide
    14  for compensation in excess of the foregoing limits and  for  payment  of
    15  compensation and reimbursement for expenses before the completion of the
    16  representation.
    17    4.]  Each  claim for compensation and reimbursement shall be supported
    18  by a sworn statement specifying the time  expended,  services  rendered,
    19  expenses  incurred  and  reimbursement  or  compensation  applied for or
    20  received in the same case from any other  source.  No  counsel  assigned
    21  hereunder  shall  seek  or accept any fee for representing the party for
    22  whom he or she is assigned without  approval  of  the  court  as  herein
    23  provided.
    24    §  2. This act shall take effect April 1, 2020. Effective immediately,
    25  the addition, amendment, and/or repeal of any rule or regulation  neces-
    26  sary  for  the  implementation  of  this  act  on its effective date are
    27  authorized to be made and completed on or before such effective date.