Bill Text: NY S08771 | 2023-2024 | General Assembly | Introduced
Bill Title: Sets hourly rates for persons representing certain persons in court or before a magistrate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-11 - REFERRED TO LOCAL GOVERNMENT [S08771 Detail]
Download: New_York-2023-S08771-Introduced.html
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. LBD14793-01-4S. 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 paragraphS. 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.