NY State Senate Bill 2019-S6004A

Senate Bill S6004A

2019-2020 Legislative Session

Relates to the compensation an attorney shall be entitled to for client representation through the bar association

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
Jun 13, 2019	print number 6004a
Jun 13, 2019	amend (t) and recommit to local government
May 16, 2019	referred to local government

Bill Amendments

Original

A (Active)

2019-S6004 - Details

See Assembly Version of this Bill:: A8236
Current Committee:: Senate Local Government
Law Section:: County Law
Laws Affected:: Amd §722-b, County L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3527, A6013
2023-2024: S1777, A240

2019-S6004 - Summary

Provides the amount of compensation an attorney shall receive from representing a client which was assigned to the attorney through the bar association.

2019-S6004 - Sponsor Memo

                                
 
BILL NUMBER: S6004

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the county law, in relation to the
hourly compensation rate for assigned counsel

 
PURPOSE:

The bill would allow the New York State Division of Criminal Justice
Services to set, on an annual basis, the hourly rate of compensation for
assigned counsel.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 722-b of the County Law is to provide the
Division of Criminal Justice Services the authority to set the hourly
compensation rate for assigned counsel in the state. The Division of
Criminal Justices Services shall review the hourly compensation rate on
an annual basis and shall adjust the rate at:

1) No less that 60 percent of the hourly rate of Federal Defenders for

the applicable fiscal year for misdemeanors or lessor offenses;

2) No less than 90 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for all other cases governed by the article.

Provides that the Division of Criminal Justice Services has the authori-
ty to waive an increase in the assigned counsel compensation rates in
any given year, but that assigned counsel compensation rates may not
fall below the 60 and 90 percent thresholds for any given three-year
period.

Provides that counsel shall receive reimbursement for expenses reason-
ably incurred.

Section 2: Provides that each claim for compensation and reimbursement
shall be supported by a sworn statement and prohibits counsel from seek-
ing or accepting fees for representation without court approval.

 
JUSTIFICATION:

The 18-b panels throughout NYS consist of attorneys who are certified by
the Appellate Division to handle all cases in Family Court, Surrogate
Court, Supreme Court, and Criminal Court, representing children and
adults in multifaceted cases where families and liberties are at risk of
being taken away.

Despite their vital role and extensive experience, 18-b
lawyers/Attorneys for Children have not received a raise in their rates
since 2004 and received only two raises in the last 32 years. They are
currently compensated at a rate of $75/hour - far below the average rate
of compensation for attorneys in this state. In order to continue to
maintain the quality of the attorneys currently available, and to
attract experienced and qualified attorneys, 18-b attorneys must be
provided an hourly rate that is respeaful and commensurate with their
legal experience.

In February 2019, Chief Judge DiFiore drafted a letter to Governor
Cuomo, Majority Leader Stewart-Cousins and Speaker Heastie highlighting
the serious challenge assigned counsel compensation rates are creating
in criminal and family justice systems in New York State rate has been
adjusted 11 times since 2004, and that the failure to adjust assigned
counsel rates has led to a growing shortage of qualified attorneys,
resulting in excessive caseloads that diminish the quality of legal
representation for indigent litigants and impair the ability of criminal
and family courts to operate efficiently.
  Currently,  statutory  change  is  required  in  order for rates to be
increased in the state County Law. This bill will shift the rate setting
authority from the current cumbersome statutory process to the  Division
of  Criminal  Justices  Services.  Other  court professionals, including
social workers, interpreters and  Federal  Defenders  currently  receive
rate  increases through the administrative rulemaking process, which has
proven to be more responsive to changes in the industry and inflation of
the cost of living over time.

 
PRIOR LEGISLATIVE HISTORY: None.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect April 1, 2020; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date  are  authorized and directed to be made and completed on or before
such effective date

2019-S6004 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6004
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 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, in relation to the  hourly  compensation
   rate for assigned counsel
 
   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 dollars per hour for time expended in court or
 before  a  magistrate,  judge or justice, and sixty dollars per hour for
 time reasonably expended out of court, and shall  receive  reimbursement
 for  expenses  reasonably incurred; and]  AN HOURLY RATE OF COMPENSATION
 TO BE SET BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES  SHALL  REVIEW  THE ASSIGNED COUNSEL RATE OF
 COMPENSATION ON AN ANNUAL BASIS AND MUST CONSIDER THE FOLLOWING CRITERIA
 IN THE ANNUAL RATE SETTING PROCESS: (I) FOR REPRESENTATION OF  A  PERSON
 ENTITLED TO REPRESENTATION BY LAW WHO IS INITIALLY CHARGED WITH A MISDE-
 MEANOR OR LESSER OFFENSE AND NO FELONY, THE HOURLY COMPENSATION FOR SUCH
 MISDEMEANOR  OR  LESSER OFFENSE REPRESENTATION SHALL BE SET AT A RATE NO
 LESS THAN SIXTY PERCENT OF THE HOURLY RATE OF  PAY  FOR  FEDERAL  PUBLIC
 DEFENDERS FOR THE APPLICABLE FISCAL YEAR; AND (II) FOR REPRESENTATION OF
 A  PERSON  IN  ALL  OTHER  CASES GOVERNED BY THIS ARTICLE, INCLUDING ALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11867-01-9

 S. 6004                             2
 
 REPRESENTATION IN AN APPELLATE COURT, THE HOURLY  RATE  OF  COMPENSATION
 SHALL BE SET AT A RATE NO LESS THAN NINETY PERCENT OF THE HOURLY RATE OF
 PAY FOR FEDERAL PUBLIC DEFENDERS FOR THE APPLICABLE FISCAL YEAR.
   (b)  [for  representation  of  a person in all other cases governed by
 this article,  including  all  representation  in  an  appellate  court,
 compensation  at  a  rate  of  seventy-five  dollars  per  hour for time
 expended in court before a magistrate, judge or justice and seventy-five
 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:
   (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.
   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.]  THE  NEW  YORK  STATE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
 HAVE THE AUTHORITY TO WAIVE AN INCREASE IN THE ASSIGNED COUNSEL  COMPEN-
 SATION  RATES  IN ANY GIVEN YEAR, PROVIDED THAT ASSIGNED COUNSEL COMPEN-
 SATION RATES SHALL NOT FALL BELOW THE RATE THRESHOLDS ESTABLISHED  UNDER
 PARAGRAPH (A) OF THIS SUBDIVISION MORE THAN THREE CONSECUTIVE YEARS.
   (C)  FOR  ALL  REPRESENTATION UNDER THIS ARTICLE COUNSEL SHALL RECEIVE
 REIMBURSEMENT FOR EXPENSES REASONABLY INCURRED.
   2. 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 on April 1, 2020. Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

co-Sponsors

2019-S6004A (ACTIVE) - Details

See Assembly Version of this Bill:: A8236
Current Committee:: Senate Local Government
Law Section:: County Law
Laws Affected:: Amd §722-b, County L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3527, A6013
2023-2024: S1777, A240

2019-S6004A (ACTIVE) - Summary

Provides the amount of compensation an attorney shall receive from representing a client which was assigned to the attorney through the bar association.

2019-S6004A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6004A

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the county law, in relation to enti-
tled compensation for client representation

 
PURPOSE:

The bill would allow the New York State Division of Criminal Justice
Services to set, on an annual basis, the hourly rate of compensation for
assigned counsel.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 722-b of the County Law is to provide the
Division of Criminal Justice Services the authority to set the hourly
compensation rate for assigned counsel in the state. The Division of
Criminal Justices Services shall review the hourly compensation rate on
an annual basis and shall adjust the rate at:

1) No less that 60 percent of the hourly rate of Federal Defenders for

the applicable fiscal year for misdemeanors or lessor offenses;

2) No less than 90 percent of the hourly rate of Federal Defenders for
the applicable fiscal year for all other cases governed by the article.

Provides that the Division of Criminal Justice Services has the authori-
ty to waive an increase in the assigned counsel compensation rates in
any given year, but that assigned counsel compensation rates may not
fall below the 60 and 90 percent thresholds for any given three-year
period.

Provides that counsel shall receive reimbursement for expenses reason-
ably incurred.

Section 2: Provides that each claim for compensation and reimbursement
shall be supported by a sworn statement and prohibits counsel from seek-
ing or accepting fees for representation without court approval.

 
JUSTIFICATION:

The 18-b panels throughout NYS consist of attorneys who are certified by
the Appellate Division to handle all cases in Family Court, Surrogate
Court, Supreme Court, and Criminal Court, representing children and
adults in multifaceted cases where families and liberties are at risk of
being taken away.

Despite their vital role and extensive experience, 18-b
lawyers/Attorneys for Children have not received a raise in their rates
since 2004 and received only two raises in the last 32 years.  They are
currently compensated at a rate of $75/hour - far below the average rate
of compensation for attorneys in this state. In order to continue to
maintain the quality of the attorneys currently available, and to
attract experienced and qualified attorneys, 18-b attorneys must be
provided an hourly rate that is respeaful and commensurate with their
legal experience.

In February 2019, Chief Judge DiFiore drafted a letter to Governor
Cuomo, Majority Leader Stewart-Cousins and Speaker Heastie highlighting
the serious challenge assigned counsel compensation rates are creating
in criminal and family justice systems in New York State rate has been
adjusted 11 times since 2004, and that the failure to adjust assigned
counsel rates has led to a growing shortage of qualified attorneys,
resulting in excessive caseloads that diminish the quality of legal
representation for indigent litigants and impair the ability of criminal
and family courts to operate efficiently.

Currently, statutory change is required in order for rates to be
increased in the state County Law. This bill will shift the rate setting
authority from the current cumbersome statutory process to the Division
of Criminal Justices Services. Other court professionals, including
social workers, interpreters and Federal Defenders currently receive
rate increases through the administrative rulemaking process, which has
proven to be more responsive to changes in the industry and inflation of
the cost of living over time.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect April 1, 2020; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date

2019-S6004A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6004--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11867-02-9

 S. 6004--A                          2
 
   2. [Except as provided in this section, compensation for time expended
 in providing representation:
   (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.

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