S T A T E O F N E W Y O R K
________________________________________________________________________
8236
2019-2020 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Section 722-b of the county law, as amended by section 2 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
§ 722-b. Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association conform-
ing to the requirements of section seven hundred twenty-two of this
article whereby the services of private counsel are rotated and coordi-
nated by an administrator shall at the conclusion of the representation
receive:
(a) for representation of a person entitled to representation by law
who is initially charged with a misdemeanor or lesser offense and no
felony, compensation for such misdemeanor or lesser offense represen-
tation at a rate of [sixty] ONE HUNDRED TWENTY dollars per hour for time
expended in court or before a magistrate, judge or justice, and [sixty]
ONE HUNDRED TWENTY dollars per hour for time reasonably expended out of
court, and shall receive reimbursement for expenses reasonably incurred;
and
(b) for representation of a person in all other cases governed by this
article, including all representation in an appellate court, compen-
sation at a rate of [seventy-five] ONE HUNDRED FIFTY dollars per hour
for time expended in court before a magistrate, judge or justice and
[seventy-five] ONE HUNDRED FIFTY dollars per hour for time reasonably
expended out of court, and shall receive reimbursement for expenses
reasonably incurred.
2. [Except as provided in this section, compensation for time expended
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
(a) pursuant to paragraph (a) of subdivision one of this section shall
not exceed two thousand four hundred dollars; and
(b) pursuant to paragraph (b) of subdivision one of this section shall
not exceed four thousand four hundred dollars] HOURLY COMPENSATION TO BE
RECEIVED PURSUANT TO PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF THIS
SECTION SHALL BE SUBJECT TO AN ANNUAL COST OF LIVING INCREASE. SUCH COST
OF LIVING INCREASE SHALL BE CALCULATED AS THE CURRENT RATE OF INFLATION
AS DETERMINED BY THE CONSUMER PRICE INDEX, AS COMPUTED BY THE FEDERAL
BUREAU OF LABOR STATISTICS.
3. [For representation on an appeal, compensation and reimbursement
shall be fixed by the appellate court. For all other representation,
compensation and reimbursement shall be fixed by the trial court judge.
In extraordinary circumstances a trial or appellate court may provide
for compensation in excess of the foregoing limits and for payment of
compensation and reimbursement for expenses before the completion of the
representation.
4.] Each claim for compensation and reimbursement shall be supported
by a sworn statement specifying the time expended, services rendered,
expenses incurred and reimbursement or compensation applied for or
received in the same case from any other source. No counsel assigned
hereunder shall seek or accept any fee for representing the party for
whom he or she is assigned without approval of the court as herein
provided.
§ 2. This act shall take effect April 1, 2020. Effective immediately,
the addition, amendment, and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.