BILL NUMBER:  S5199

 TITLE OF BILL :

An act to amend the labor law, in relation to fees of attorneys
assigned to represent claimants on appeals to the appellate division
in unemployment insurance cases

This measure is being introduced at the request of Unified Court
System on behalf of the Appellate Division, Third Judicial Department.

Under present section 538(1)(d) of the Labor Law, assigned counsel
handling appeals to the Appellate Division and to the Court of Appeals
in cases arising under the Unemployment Insurance Law are entitled to
a fee not exceeding $500. This measure would adjust this level of
compensation instead to provide assigned counsel with a fee at the
rate of $75 per hour subject to a cap in any one case of $2,000. As
adjusted, compensation would continue to be funded by the State
through the court system budget.

If enacted, this would be the first adjustment in the attorney fee for
assigned counsel in these cases in nearly 35 years. Not since the 1981
legislative session, when the fee was raised to the present level, has
there been any change or, to our knowledge, any effort to promote a
change. This is notwithstanding that other State-paid assigned
counsel, under section 35 of the Judiciary Law, have received two
              

adjustments in their authorized level of compensation during that
time{1}, as have attorneys for the child{2} and assigned counsel in
criminal cases{3}.

This measure, which would take effect immediately, would have a
minimal cost impact upon the State. Over the past five years, there
have been fewer than 50 assignments of counsel to Unemployment
Insurance Law appeals annually (fewer than 25 such assignments in all
but one of those years). Assuming this trend continues, we estimate
that this measure will cost somewhere between $35,000 and $75,000
annually.

 2015-16 LEGISLATIVE HISTORY :

OCA 2015-4
Assembly 7515 (M. of A. Titus) {reported ref to Ways & Means}

{1} Section 35 authorizes the assignment of counsel, at State expense,
in a variety of civil proceedings in trial and appellate courts. In
1987, the fee to which such counsel was entitled on appeal was
increased from $25 to $40 per hour for out-of-court work (to match the
existing $40 per hour fee for in-court appellate work), subject to an
$800 cap. L. 1987, c. 317. Sixteen years later, that fee was
increased, along with the fee for in-court work, to $75 per hour,
subject to a $4,400 cap.. L. 2003, c. 62, pt. J, § 5.

{2} Formerly law guardians. See Family Court Act § 245. Their
compensation also is paid by the State.

{3} L. 1987, c. 317; L. 2003, c. 62, pt. J, § 2. Their compensation is
paid by local governments.