The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3300
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, HOYLMAN -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Local
   Government
 
 AN  ACT  to  amend  the  county  law,  the  real  property  actions  and
   proceedings law, the vehicle and traffic law, the  state  finance  law
   and  the  judiciary  law, in relation to enacting the "NY Civil Gideon
   Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 Civil Gideon act".
   § 2. The county law is amended by adding a new article 18-C to read as
 follows:
                               ARTICLE 18-C
                REPRESENTATION OF PERSONS IN CIVIL MATTERS
 SECTION 723.   LEGISLATIVE FINDINGS.
         723-A. CIVIL RIGHT TO COUNSEL COMMISSION.
         723-B. LEAD AGENCY FOR CIVIL RIGHT TO COUNSEL.
         723-C. ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL.
         723-D. COMPENSATION AND REIMBURSEMENT.
   § 723. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES
 AS FOLLOWS:
   1. EVERY YEAR, AT LEAST EIGHTY PERCENT OF THE CIVIL LEGAL NEEDS OF LOW
 INCOME NEW YORKERS GO UNMET.
   2. THESE LEGAL NEEDS OFTEN CONCERN MATTERS PERTAINING  TO  THE  ESSEN-
 TIALS  OF  LIFE  INCLUDING SHELTER, FOOD, EMPLOYMENT, HEALTH, AND FAMILY
 SUSTAINABILITY.
   3. THE LACK OF AVAILABLE CIVIL LEGAL ASSISTANCE UNDERMINES  COMPREHEN-
 SIVE ASSISTANCE FOR CRIME VICTIMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07514-01-1

 S. 3300                             2

   4.  THE LACK OF CIVIL LEGAL SERVICES TO RESOLVE A FAMILY'S LEGAL PROB-
 LEMS OFTEN DISRUPTS THE CHILDREN AND YOUNG ADULTS' EDUCATION, FREQUENTLY
 WITH A PERMANENT IMPACT.
   5. THE LACK OF CIVIL LEGAL SERVICES CAN WORSEN CHRONIC HEALTH PROBLEMS
 OFTEN INCREASING THE COST OF MEDICAL CARE.
   6.  THE  LACK  OF  CIVIL LEGAL SERVICES CAN RESULT IN HOMELESSNESS NOT
 ONLY AFFECTING THE INDIVIDUAL FAMILIES  BUT  ALSO  DESTABILIZING  ENTIRE
 NEIGHBORHOODS.
   7.  IN  LIGHT OF THESE TRYING ECONOMIC TIMES, THE NEED FOR CIVIL LEGAL
 SERVICES HAS INCREASED BEYOND  INDIVIDUALS  BELOW  THE  FEDERAL  POVERTY
 GUIDELINES  TO  HOMEOWNERS  AND  OTHER  MIDDLE  INCOME  NEW YORKERS THAT
 PROVIDE THE FOUNDATION FOR NEW YORK'S ECONOMY.
   8. THE SUBSTANTIAL NUMBER OF UNREPRESENTED LITIGANTS  IN  CIVIL  LEGAL
 MATTERS  ADVERSELY IMPACTS THE QUALITY OF JUSTICE FOR ALL PARTIES IN THE
 COURTS OF NEW YORK STATE, INCREASES THE AMOUNT OF LITIGATION, AND UNDER-
 MINES THE RULE OF LAW.
   9. IT HAS BEEN FOUND THAT WHEN A SOCIETY IS UNABLE TO MEET THEIR BASIC
 HUMAN NEEDS IT IS IN AN ONGOING STATE OF EMERGENCY.
   10. THE UNMET  NEED  FOR  CIVIL  LEGAL  ASSISTANCE  IN  THE  STATE  IS
 PROFOUNDLY  IMPACTING  VULNERABLE  NEW  YORKERS  AND  COSTING  TAXPAYERS
 MILLIONS OF DOLLARS  BY  INCREASING  HOMELESSNESS,  FAILING  TO  PREVENT
 DOMESTIC VIOLENCE, AND INCREASING POVERTY.
   11.  IN ORDER TO ADDRESS THIS EMERGENCY, THIS LEGISLATURE FINDS THAT A
 RIGHT TO COUNSEL IN CERTAIN CIVIL MATTERS IS IMPERATIVE.
   § 723-A. CIVIL RIGHT TO COUNSEL COMMISSION. 1. THERE IS HEREBY  ESTAB-
 LISHED  THE  CIVIL RIGHT TO COUNSEL COMMISSION.  THE COMMISSION SHALL BE
 COMPOSED OF ELEVEN MEMBERS.
   2. A. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED AS FOLLOWS:
   (I) ONE MEMBER SHALL BE APPOINTED BY THE  GOVERNOR  AND  SHALL  BE  AN
 ATTORNEY WITH EXPERTISE IN CIVIL LEGAL SERVICES;
   (II)  ONE  MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE;
   (III) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
 ASSEMBLY;
   (V)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
 SENATE;
   (VI) TWO MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF
 APPEALS;
   (VII) ONE MEMBER SHALL BE APPOINTED BY THE ASSOCIATION OF COUNTIES;
   (VIII) ONE MEMBER SHALL BE APPOINTED BY THE MAYOR OF THE CITY  OF  NEW
 YORK  AND SHALL BE AN ATTORNEY WHO HAS PROVIDED CIVIL LEGAL SERVICES FOR
 AT LEAST FIVE YEARS;
   (IX) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR, FROM A LIST OF  NO
 MORE  THAN  TWO  NOMINEES  SUBMITTED  BY  THE CHIEF ADMINISTRATOR OF THE
 COURTS, EACH OF WHOM SHALL BE A JUDGE OR JUSTICE, OR  RETIRED  JUDGE  OR
 JUSTICE,  WHO  WAS  ELECTED  TO  THE SUPREME, COUNTY OR FAMILY COURT, OR
 APPOINTED TO THE CRIMINAL COURT OR FAMILY COURT IN THE CITY OF NEW YORK,
 AND HAS SUBSTANTIAL EXPERIENCE PRESIDING AS SUCH A JUDGE OR  JUSTICE  IN
 TRIAL MATTERS BEFORE SUCH COURT; AND
   (X)  ONE  MEMBER  SHALL BE APPOINTED BY THE NEW YORK STATE BAR ASSOCI-
 ATION.
   B. ALL MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF  THE  STATE  OF
 NEW YORK.
   C.  THE MEMBERS OF THE COMMISSION SHALL SERVE TERMS OF FOUR YEARS. ALL
 MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED.  VACANCIES  ON

 S. 3300                             3
 
 THE  COMMISSION  SHALL  BE  FILLED  FOR THE REMAINDER OF THE TERM IN THE
 MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
   D.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   E. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO  OFFICER  OR
 EMPLOYEE  OF  THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
 HAVE FORFEITED OR SHALL FORFEIT HIS  OR  HER  OFFICE  OR  EMPLOYMENT  BY
 REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE COMMISSION.
   F. THE COMMISSION SHALL MEET AT LEAST ONCE PER YEAR.
   G.  A  MAJORITY  OF  THE  MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
 QUORUM.
   H. THE CHIEF JUDGE OF THE COURT OF APPEALS, OR HIS  OR  HER  DESIGNEE,
 SHALL SERVE AS A NON-VOTING EX-OFFICIO MEMBER OF THE COMMISSION.
   I.  APPOINTMENT TO THE COMMISSION SHALL BE FILED BY THE CHIEF JUDGE OF
 THE COURT OF APPEALS, WHO SHALL CONVENE THE FIRST MEETING OF THE COMMIS-
 SION FOLLOWING THE FILING  OF  THE  MAJORITY  OF  APPOINTMENTS.  AT  THE
 INITIAL MEETING THE MEMBERS SHALL ELECT OFFICERS.
   3. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, TEMPORARY PRESIDENT OF
 THE  SENATE, SPEAKER OF THE ASSEMBLY AND THE CHIEF JUDGE OF THE COURT OF
 APPEALS AN ANNUAL REPORT ON  OR  BEFORE  THE  ANNIVERSARY  DATE  OF  THE
 COMMISSION'S FIRST MEETING. SUCH REPORT SHALL CONTAIN ALL PERTINENT DATA
 FOR THE PRIOR TWELVE MONTHS ON THE OPERATION OF THE COMMISSION INCLUDING
 THE  NUMBER  OF  ASSIGNED  COUNSEL  IN  EACH COUNTY, THE NUMBER OF CASES
 ASSIGNED, THE NUMBER OF CASES RESOLVED, RECOMMENDATIONS  FOR  ADDITIONAL
 ATTORNEYS,  IF NECESSARY, THE COST OF OPERATION AND FINANCIAL ASSISTANCE
 TO LOCALITIES. SUCH REPORT SHALL ALSO INCLUDE THE  PROPOSED  BUDGET  FOR
 THE SUCCEEDING TWELVE MONTHS INCLUDING FUNDS FOR FINANCIAL ASSISTANCE TO
 LOCALITIES.
   §  723-B.    LEAD AGENCY FOR CIVIL RIGHT TO COUNSEL. 1. REPRESENTATION
 FOR PERSONS IN CIVIL MATTERS SHALL BE A PARTNERSHIP BETWEEN  THE  COURTS
 AND ALL QUALIFIED LEGAL SERVICES PROVIDERS, BAR ASSOCIATIONS AND PRIVATE
 ORGANIZATIONS.
   2.  THE  LEGAL  SERVICES  PROVIDERS SHALL SERVE AS THE LEAD AGENCY FOR
 CASE ASSESSMENT AND DIRECTION UNDER THIS ARTICLE AND FURTHERMORE SHALL:
   A. BE THE CENTRAL POINT OF CONTACT FOR RECEIPT OF REFERRALS FOR  LEGAL
 REPRESENTATION;
   B. MAKE DETERMINATIONS OF ELIGIBILITY BASED ON UNIFORM CRITERIA;
   C.  BE  RESPONSIBLE  FOR  PROVIDING  REPRESENTATION  TO THE CLIENTS OR
 REFERRING THE MATTER TO ONE OF THE ORGANIZATIONS OR INDIVIDUAL PROVIDERS
 WITH WHOM THE LEAD  LEGAL  SERVICES  AGENCY  CONTRACTS  TO  PROVIDE  THE
 SERVICE; AND
   D. TO THE EXTENT PRACTICAL, IDENTIFY AND MAKE USE OF PRO BONO SERVICES
 IN ORDER TO MAXIMIZE AVAILABLE SERVICES EFFICIENTLY AND ECONOMICALLY.
   3. RECOGNIZING THAT NOT ALL INDIGENT PARTIES CAN BE AFFORDED REPRESEN-
 TATION,  EVEN WHEN THEY HAVE MERITORIOUS CASES, THE COURT PARTNER SHALL,
 AS A COROLLARY TO THE SERVICES PROVIDED BY THE LEAD LEGAL SERVICES AGEN-
 CY, BE RESPONSIBLE FOR PROVIDING PROCEDURES,  PERSONNEL,  TRAINING,  AND
 CASE MANAGEMENT AND ADMINISTRATION PRACTICES THAT REFLECT BEST PRACTICES
 TO  ENSURE  UNREPRESENTED  PARTIES  MEANINGFUL  ACCESS TO JUSTICE AND TO
 GUARD AGAINST THE INVOLUNTARY WAIVER OF RIGHTS, AS WELL AS TO  ENCOURAGE
 FAIR AND EXPEDITIOUS VOLUNTARY DISPUTE RESOLUTION, CONSISTENT WITH PRIN-
 CIPLES OF JUDICIAL NEUTRALITY.
   4.  THE  PARTICIPATING  LEGAL SERVICES AGENCY SHALL BE SELECTED BY THE
 JUDICIAL COUNCIL.

 S. 3300                             4

   A. THE JUDICIAL COUNCIL SHALL BE MADE UP OF ONE  ADMINISTRATIVE  JUDGE
 FROM  EACH JUDICIAL DISTRICT. THERE SHALL BE AT LEAST ONE LEGAL SERVICES
 AGENCY CHOSEN FOR EACH JUDICIAL DISTRICT.
   B.  THE  JUDICIAL  COUNCIL  SHALL  ASSESS THE APPLICANTS' CAPACITY FOR
 SUCCESS, INNOVATION, AND EFFICIENCY, INCLUDING, BUT NOT LIMITED TO,  THE
 LIKELIHOOD  THAT  THE  AGENCY WOULD DELIVER QUALITY REPRESENTATION IN AN
 EFFECTIVE MANNER THAT WOULD MEET CRITICAL NEEDS  IN  THE  COMMUNITY  AND
 ADDRESS  THE  NEEDS  OF  THE  COURT WITH REGARD TO ACCESS TO JUSTICE AND
 CALENDAR MANAGEMENT, AND THE UNIQUE LOCAL UNMET NEEDS FOR REPRESENTATION
 IN THE COMMUNITY.
   C. AGENCIES APPROVED PURSUANT  TO  THIS  SECTION  SHALL  INITIALLY  BE
 AUTHORIZED  FOR A THREE-YEAR PERIOD, COMMENCING ON THE EFFECTIVE DATE OF
 THIS SECTION AND SUBJECT TO RENEWAL FOR A PERIOD TO BE DETERMINED BY THE
 JUDICIAL COUNCIL, IN CONSULTATION WITH THE PARTICIPATING AGENCY IN LIGHT
 OF THE AGENCY'S CAPACITY AND SUCCESS. AFTER THE INITIAL THREE-YEAR PERI-
 OD, THE JUDICIAL COUNCIL SHALL DISTRIBUTE ANY FUTURE FUNDS AVAILABLE  AS
 THE RESULT OF THE TERMINATION OR NONRENEWAL OF AN AGENCY PURSUANT TO THE
 PROCESS SET FORTH IN THIS SUBDIVISION.
   D.  AGENCIES  SHALL  BE SELECTED ON THE BASIS OF WHETHER, IN THE CASES
 PROPOSED FOR SERVICE, THE PERSONS  TO  BE  ASSISTED  ARE  LIKELY  TO  BE
 OPPOSED  BY  A PARTY WHO IS REPRESENTED BY COUNSEL. THE JUDICIAL COUNCIL
 SHALL ALSO CONSIDER THE FOLLOWING FACTORS IN SELECTING THE AGENCIES:
   (I) THE LIKELIHOOD THAT REPRESENTATION IN THE PROPOSED CASE TYPE TENDS
 TO AFFECT WHETHER A PARTY PREVAILS OR OTHERWISE OBTAINS A  SIGNIFICANTLY
 MORE  FAVORABLE  OUTCOME  IN  A  MATTER  IN  WHICH  THEY WOULD OTHERWISE
 FREQUENTLY HAVE JUDGMENT ENTERED AGAINST THEM OR SUFFER THE  DEPRIVATION
 OF THE BASIC HUMAN NEED AT ISSUE;
   (II) THE LIKELIHOOD OF REDUCING THE RISK OF ERRONEOUS DECISIONS;
   (III) THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE UNREP-
 RESENTED PARTY REGARDING THE BASIC HUMAN NEED AT STAKE IF REPRESENTATION
 IS NOT PROVIDED;
   (IV)  WHETHER  THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE
 THE POTENTIAL NEED FOR AND COST OF PUBLIC SOCIAL SERVICES REGARDING  THE
 BASIC  HUMAN  NEED  AT  STAKE  FOR THE CLIENT AND OTHERS IN THE CLIENT'S
 HOUSEHOLD;
   (V) THE UNMET NEED FOR LEGAL SERVICES IN THE  GEOGRAPHIC  AREA  TO  BE
 SERVED; AND
   (VI)  THE  AVAILABILITY  AND  EFFECTIVENESS  OF  OTHER  TYPES OF COURT
 SERVICES, SUCH AS SELF-HELP.
   E. EACH APPLICANT SHALL DO THE FOLLOWING:
   (I) IDENTIFY THE NATURE OF THE PARTNERSHIP BETWEEN THE COURT  AND  THE
 OTHER AGENCIES OR OTHER PROVIDERS THAT WOULD WORK WITHIN THE PROJECT;
   (II)  DESCRIBE  THE  REFERRAL  PROTOCOLS TO BE USED, THE CRITERIA THAT
 WOULD BE EMPLOYED IN CASE ASSESSMENT, WHY THOSE CASES WERE SELECTED, THE
 MANNER TO ADDRESS CONFLICTS WITHOUT VIOLATING ANY ATTORNEY-CLIENT PRIVI-
 LEGE  WHEN  ADVERSE  PARTIES  ARE  SEEKING  REPRESENTATION  THROUGH  THE
 PROJECT,  AND  THE MEANS FOR SERVING POTENTIAL CLIENTS WHO NEED LANGUAGE
 ASSISTANCE WITHIN THE COURT SYSTEM; AND
   (III) DESCRIBE HOW THE PROJECT WOULD BE  ADMINISTERED,  INCLUDING  HOW
 THE  DATA  COLLECTION REQUIREMENTS WOULD BE MET WITHOUT CAUSING AN UNDUE
 BURDEN ON THE COURTS, CLIENTS, OR THE PROVIDERS, THE  PARTICULAR  OBJEC-
 TIVES  OF  THE  PROJECT, STRATEGIES TO EVALUATE THEIR SUCCESS IN MEETING
 THOSE OBJECTIVES, AND THE MEANS BY WHICH THE  PROJECT  WOULD  SERVE  THE
 PARTICULAR  NEEDS  OF THE COMMUNITY, SUCH AS BY PROVIDING REPRESENTATION
 TO LIMITED-ENGLISH-SPEAKING CLIENTS, THE ELDERLY AND THE DISABLED.

 S. 3300                             5
 
   5. TO ENSURE THE MOST EFFECTIVE USE OF THE FUNDING AVAILABLE, THE LEAD
 LEGAL SERVICES AGENCY SHALL SERVE AS A HUB FOR ALL  REFERRALS,  AND  THE
 POINT  AT  WHICH DECISIONS ARE MADE ABOUT WHICH REFERRALS WILL BE SERVED
 AND BY WHOM. REFERRALS SHALL EMANATE FROM THE COURT, AS WELL AS FROM THE
 OTHER  AGENCIES  PROVIDING  SERVICES  THROUGH  THE PROGRAM, AND SHALL BE
 DIRECTED TO THE LEAD LEGAL SERVICES AGENCY FOR REVIEW. THAT  AGENCY,  OR
 ANOTHER  AGENCY  OR ATTORNEY IN THE EVENT OF CONFLICT, SHALL COLLECT THE
 INFORMATION NECESSARY TO ASSESS WHETHER THE CASE SHOULD  BE  SERVED.  IN
 PERFORMING THAT CASE ASSESSMENT, THE AGENCY SHALL DETERMINE THE RELATIVE
 NEED FOR REPRESENTATION OF THE LITIGANT, INCLUDING ALL OF THE FOLLOWING:
   A. CASE COMPLEXITY;
   B. WHETHER THE OPPOSING PARTY IS REPRESENTED;
   C. THE ADVERSARIAL NATURE OF THE PROCEEDING;
   D. THE AVAILABILITY AND EFFECTIVENESS OF OTHER TYPES OF SERVICES, SUCH
 AS  SELF-HELP,  IN  LIGHT  OF THE POTENTIAL CLIENT AND THE NATURE OF THE
 CASE;
   E. BARRIERS TO ACCESS DUE TO LANGUAGE;
   F. BARRIERS TO ACCESS DUE TO DISABILITY;
   G. BARRIERS TO ACCESS DUE TO LITERACY;
   H. THE MERITS OF THE CASE;
   I. THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE POTENTIAL
 CLIENT IF REPRESENTATION IS NOT PROVIDED; AND
   J. WHETHER THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE THE
 NEED FOR AND COST OF PUBLIC SOCIAL SERVICES FOR THE POTENTIAL CLIENT AND
 OTHERS IN THE POTENTIAL CLIENT'S HOUSEHOLD.
   6. THE DECISION AND LEVEL OF REPRESENTATION SHOULD BE MADE AT THE SOLE
 DISCRETION OF THE LEAD AGENCY, ORGANIZATION, OR ATTORNEY  BASED  ON  THE
 FACTORS SET FORTH ABOVE.
   7. IF BOTH PARTIES TO A DISPUTE ARE FINANCIALLY ELIGIBLE FOR REPRESEN-
 TATION, EACH PROPOSAL SHALL ENSURE THAT REPRESENTATION FOR BOTH SIDES IS
 EVALUATED.  IN THESE AND OTHER CASES IN WHICH CONFLICT ISSUES ARISE, THE
 LEAD LEGAL SERVICES AGENCY SHALL  HAVE  REFERRAL  PROTOCOLS  WITH  OTHER
 AGENCIES  AND  PROVIDERS,  SUCH  AS A PRIVATE ATTORNEY PANEL, TO ADDRESS
 THOSE CONFLICTS.
   8. EACH LEAD AGENCY, ORGANIZATION, OR ATTORNEY  SHALL  BE  RESPONSIBLE
 FOR KEEPING RECORDS ON THE REFERRALS ACCEPTED AND THOSE NOT ACCEPTED FOR
 REPRESENTATION,  AND  THE  REASONS  FOR  EACH, IN A MANNER THAT DOES NOT
 VIOLATE  ANY  PRIVILEGED  COMMUNICATIONS  BETWEEN  THE  AGENCY  AND  THE
 PROSPECTIVE  CLIENT. EACH LEAD AGENCY, ORGANIZATION OR ATTORNEY SHALL BE
 PROVIDED WITH STANDARDIZED DATA COLLECTION TOOLS TO BE DETERMINED BY THE
 COMMISSION, AND REQUIRED TO TRACK CASE INFORMATION FOR EACH REFERRAL  TO
 ALLOW THE EVALUATION TO MEASURE THE NUMBER OF CASES SERVED, THE LEVEL OF
 SERVICE  REQUIRED,  AND  THE  OUTCOMES  FOR THE CLIENTS IN EACH CASE. IN
 ADDITION TO THIS INFORMATION ON THE EFFECT OF THE REPRESENTATION ON  THE
 CLIENTS,  DATA  SHALL  BE COLLECTED REGARDING THE OUTCOMES FOR THE TRIAL
 COURTS. THIS DATA SHALL BE COMPILED IN A REPORT TO BE SUBMITTED  TO  THE
 COMMISSION ON A QUARTERLY BASIS.
   §  723-C. ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL. 1. THERE IS
 HEREBY ESTABLISHED THE ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL.
   2. A. THE REVIEW PANEL SHALL BE COMPOSED OF AT LEAST SIXTEEN  MEMBERS,
 TO BE APPOINTED AS FOLLOWS:
   (I)  ATTORNEY-IN-CHIEF  FOR THE LEGAL AID SOCIETY OR HIS/HER REPRESEN-
 TATIVE;
   (II) CHAIR OF LEGAL SERVICES NYC OR HIS/HER REPRESENTATIVE;
   (III) EXECUTIVE DIRECTOR OF LEGAL SERVICES OF  THE  HUDSON  VALLEY  OR
 HIS/HER REPRESENTATIVE;

 S. 3300                             6
 
   (IV) EXECUTIVE DIRECTOR OF THE LEGAL AID SOCIETY OF NORTHEASTERN NY OR
 HIS/HER REPRESENTATIVE;
   (V)  EXECUTIVE DIRECTOR OF THE WESTERN NY LAW CENTER OR HIS/HER REPRE-
 SENTATIVE;
   (VI) PRESIDENT OF THE EMPIRE JUSTICE CENTER OR HIS/HER REPRESENTATIVE;
   (VII) EXECUTIVE DIRECTOR OF THE NEW YORK LAWYERS FOR THE PUBLIC INTER-
 EST OR HIS/HER REPRESENTATIVE;
   (VIII) THE PRESIDENT OF THE NEW YORK LEGAL ASSISTANCE GROUP OR HIS/HER
 REPRESENTATIVE;
   (IX) EXECUTIVE DIRECTOR OF LAMBDA LEGAL OR HIS/HER REPRESENTATIVE;
   (X) THE IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION
 OR A REPRESENTATIVE APPOINTED BY THE ASSOCIATION;
   (XI) THE IMMEDIATE PAST PRESIDENT OF THE NETWORK  OF  BAR  LEADERS  OR
 HIS/HER REPRESENTATIVE;
   (XII)  THE  IMMEDIATE PAST PRESIDENT OF THE WOMEN'S BAR ASSOCIATION OF
 THE STATE OF NEW YORK OR HIS/HER REPRESENTATIVE;
   (XIII) THE IMMEDIATE PAST PRESIDENT  OF  THE  METROPOLITAN  BLACK  BAR
 ASSOCIATION OR HIS/HER REPRESENTATIVE;
   (XIV)  THE  IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE DIRECTOR OF
 THE FUND FOR MODERN COURTS OR HIS/HER REPRESENTATIVE;
   (XV) EXECUTIVE DIRECTOR OF THE IOLA FUND OF THE STATE OF NEW  YORK  OR
 HIS/HER REPRESENTATIVE; AND
   (XVI) ONE REPRESENTATIVE FROM THE NATIONAL COALITION FOR A CIVIL RIGHT
 TO COUNSEL.
   B.  THE  MEMBERS  OF THE REVIEW PANEL SHALL SERVE TERMS OF FOUR YEARS.
 ALL MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED.  VACANCIES
 ON THE REVIEW PANEL SHALL BE FILLED FOR THE REMAINDER OF THE TERM IN THE
 MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
   C.  THE  MEMBERS OF THE REVIEW PANEL SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   D. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO  OFFICER  OR
 EMPLOYEE  OF  THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
 HAVE FORFEITED OR SHALL FORFEIT HIS  OR  HER  OFFICE  OR  EMPLOYMENT  BY
 REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE REVIEW PANEL.
   E.  A  MAJORITY  OF THE MEMBERS OF THE REVIEW PANEL SHALL CONSTITUTE A
 QUORUM.
   F. THE MEMBERS OF THE REVIEW PANEL MAY PARTICIPATE  IN  A  MEETING  OF
 SUCH REVIEW PANEL BY MEANS OF A CONFERENCE TELEPHONE OR SIMILAR COMMUNI-
 CATIONS  EQUIPMENT  ALLOWING ALL PERSONS PARTICIPATING IN THE MEETING TO
 HEAR EACH OTHER AT THE SAME TIME;  PARTICIPATION  BY  SUCH  MEANS  SHALL
 CONSTITUTE PRESENCE IN PERSON AT SUCH MEETING.
   3.  THE  PURPOSE OF THE PANEL IS TO ENSURE THAT QUALITY REPRESENTATION
 IS PROVIDED UNDER THIS ARTICLE.   THIS  INCLUDES  PROCESSING  COMPLAINTS
 AGAINST  ATTORNEYS  ASSIGNED UNDER THIS ARTICLE, ESTABLISHING THE PROPER
 REMEDY FOR AGGRIEVED PARTIES, ATTORNEY ADMISSION  AS  ASSIGNED  COUNSEL,
 ATTORNEY  TRAINING,  AND  ALL  OTHER  PROCEDURES  THE REVIEW PANEL FINDS
 NECESSARY TO ACHIEVE ITS GOAL.  NOTHING IN THIS  ARTICLE  SHALL  PREVENT
 ANY INVESTIGATION UNDER THE NEW YORK STATE UNIFIED COURT SYSTEM RULES OF
 PROFESSIONAL CONDUCT OR OTHERWISE.
   4.  THE REVIEW PANEL MAY WORK TOGETHER WITH THE CIVIL RIGHT TO COUNSEL
 COMMISSION TO ACHIEVE THE COMMON GOALS OF THIS ARTICLE.
   5. A. THE CHIEF JUDGE OF THE COURT OF APPEALS  AND  THE  REVIEW  PANEL
 APPOINTEES  SHALL  CONVENE  THE REVIEW PANEL AND CREATE A PLAN OUTLINING
 THE PROCEDURE AND GUIDELINES TO GOVERN THE PANEL  AND  ASSIGNED  COUNSEL
 PROGRAM  IN  ACCORDANCE  WITH  THE GOAL OF PROVIDING QUALITY CIVIL LEGAL

 S. 3300                             7

 REPRESENTATION. THE CHIEF JUDGE OF THE COURT OF  APPEALS  SHALL  CONSULT
 WITH  THE  ADMINISTRATIVE  JUDGES  OF  EACH JUDICIAL DISTRICT TO RECEIVE
 GUIDANCE ON THE NEEDS OF EACH DISTRICT.
   B. THE GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) MEETING REQUIREMENTS OF THE PANEL;
   (II) STANDARDS OF QUALITY REPRESENTATION;
   (III)  TRAINING  NECESSARY TO PROVIDE CIVIL ASSIGNED COUNSEL REPRESEN-
 TATION;
   (IV) CONTENT FOR THE COMPLAINT FORM FOR A GRIEVANCE AGAINST AN  AGENCY
 OR ATTORNEY ASSIGNED AS CIVIL ASSIGNED COUNSEL;
   (V) A GRIEVANCE PROCEDURE; AND
   (VI) ESTABLISHING POSSIBLE REMEDIES FOR THOSE FOUND TO BE AGGRIEVED.
   §  723-D.  COMPENSATION  AND REIMBURSEMENT. 1. ALL COUNSEL ASSIGNED IN
 ACCORDANCE WITH A PLAN OF THE COURT, OTHER ORGANIZATION, OR A BAR  ASSO-
 CIATION  CONFORMING  TO  THE  REQUIREMENTS  OF  THIS ARTICLE WHEREBY THE
 SERVICES OF PRIVATE COUNSEL ARE ROTATED AND COORDINATED BY  AN  ADMINIS-
 TRATOR SHALL AT THE CONCLUSION OF THE REPRESENTATION RECEIVE:
   A. FOR REAL PROPERTY PROCEEDINGS NO LESS THAN FIFTY DOLLARS PER HOUR;
   B. FOR CASES INVOLVING HEALTH NO LESS THAN FIFTY DOLLARS PER HOUR;
   C.  FOR  CASES INVOLVING LICENSE REVOCATION OR SUSPENSION NO LESS THAN
 FIFTY DOLLARS PER HOUR;
   D. FOR CASES INVOLVING SUSTENANCE NO LESS THAN SIXTY DOLLARS PER HOUR;
 AND
   E. FOR CASES INVOLVING CHILDREN NO LESS THAN SIXTY DOLLARS PER HOUR.
   2. FOR THE PURPOSES OF THIS SECTION:
   A. REAL PROPERTY PROCEEDINGS  SHALL  INCLUDE  SECTIONS  SEVEN  HUNDRED
 ELEVEN,  SEVEN  HUNDRED THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED
 ONE, ONE THOUSAND NINETY-THREE, THIRTEEN HUNDRED THREE AND ARTICLE THIR-
 TEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW;
   B. CASES INVOLVING HEALTH SHALL  INCLUDE  ARTICLE  FORTY-NINE  OF  THE
 PUBLIC HEALTH LAW;
   C.  CASES  INVOLVING  LICENSE  REVOCATION  OR SUSPENSION SHALL INCLUDE
 SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND TWO HUNDRED
 SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW;
   D. CASES INVOLVING SUSTENANCE SHALL INCLUDE SECTIONS ONE HUNDRED NINE-
 TY-SIX-A, FIVE HUNDRED THIRTY-EIGHT, SIX  HUNDRED  TWENTY,  SIX  HUNDRED
 TWENTY-ONE,  SIX  HUNDRED  TWENTY-FOUR,  SIX HUNDRED SIXTY-THREE AND SIX
 HUNDRED EIGHTY-ONE OF THE  LABOR  LAW,  SECTIONS  TWENTY-TWO  AND  THREE
 HUNDRED  SIXTY-FIVE  OF  THE  SOCIAL SERVICES LAW AND RULE THREE HUNDRED
 FIVE AND ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES;
   E. CASES INVOLVING CHILDREN SHALL INCLUDE ARTICLE FOUR OF  THE  FAMILY
 COURT ACT.
   3.  FOR  ALL  REPRESENTATION,  COMPENSATION  AND  REIMBURSEMENT  SHALL
 INCLUDE REIMBURSEMENT FOR REASONABLY INCURRED EXPENSES.
   4. COMPENSATION FOR REPRESENTATION IN SUCH CASES SHALL  BE  GUIDED  BY
 THE  MINIMUM  AMOUNTS SET FORTH ABOVE. THE COMPENSATION MINIMUMS ARE SET
 FOR COUNSEL ONLY, NOT SUPPORT OR ADMINISTRATIVE  STAFF  WORK.  WORK  FOR
 SUPPORT  OR  ADMINISTRATIVE  STAFF  SHOULD BE SET BY INDIVIDUAL COUNSEL,
 FIRM, OR ORGANIZATION AND SHOULD BE SET AT A  LOWER  RATE  THAN  COMPEN-
 SATION FOR COUNSEL.
   5.  THERE  SHALL  BE  NO  DIFFERENTIAL IN COMPENSATION RATE FOR OUT OF
 COURT TIME EXPENDED AND IN COURT TIME EXPENDED. RATES SHOULD BE  SET  AT
 THE  MINIMUM  STATED ABOVE OR HIGHER BASED ON THE COMPLEXITY OF THE CASE
 AND EXPERTISE OF THE ATTORNEY.  SUCH  RATES  SHALL  BE  SUBJECT  TO  THE
 APPROVAL  OF  THE  COURT  OF JURISDICTION BASED ON THE COMPLEXITY OF THE

 S. 3300                             8
 
 CASE, EXPERTISE OF THE ATTORNEY, THE MARKET, AND ANY OTHER  FACTORS  THE
 COURT DEEMS JUST AND APPROPRIATE.
   6.  THERE SHOULD BE NO CAP ON THE AMOUNT OF COMPENSATION OR REIMBURSE-
 MENT  RECEIVED  FOR  REPRESENTATION.  THE  AMOUNT  OF  COMPENSATION  AND
 REIMBURSEMENT IS SUBJECT TO COURT APPROVAL AS DESCRIBED ABOVE.
   7.  COMPENSATION  AND  REIMBURSEMENT  FOR APPEAL SHALL BE FIXED BY THE
 APPELLATE COURT NOT TO BE BELOW THE RATES SET FORTH IN THIS SECTION.
   8. IN EXTRAORDINARY CIRCUMSTANCES  A  TRIAL  OR  APPELLATE  COURT  MAY
 PROVIDE  FOR  PAYMENT  OF  COMPENSATION  AND  REIMBURSEMENT FOR EXPENSES
 BEFORE THE COMPLETION OF THE REPRESENTATION UPON APPLICATION.
   § 3. The opening paragraph of  section  722  of  the  county  law,  as
 amended by chapter 7 of the laws of 2007, is amended to read as follows:
   The  governing  body of each county and the governing body of the city
 in which a county is wholly contained shall place in operation  through-
 out  the  county  a plan for providing counsel to persons charged with a
 crime or who are entitled to counsel pursuant  to  section  two  hundred
 sixty-two  or  section  eleven  hundred  twenty of the family court act,
 article six-C of the correction law, section four hundred seven  of  the
 surrogate's  court  procedure  act  or article ten of the mental hygiene
 law, who are financially unable to obtain counsel. THE GOVERNING BODY OF
 EACH COUNTY AND THE GOVERNING BODY OF THE CITY  IN  WHICH  A  COUNTY  IS
 WHOLLY  CONTAINED  SHALL ALSO PLACE IN OPERATION THROUGHOUT THE COUNTY A
 PLAN FOR PROVIDING  COUNSEL  TO  FINANCIALLY  UNABLE  PERSONS  IN  CIVIL
 PROCEEDINGS  UNDER THIS SECTION, SECTIONS ONE HUNDRED NINETY-SIX-A, FIVE
 HUNDRED THIRTY-EIGHT, SIX HUNDRED TWENTY, SIX  HUNDRED  TWENTY-ONE,  SIX
 HUNDRED  TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE
 OF THE LABOR LAW, SECTIONS TWENTY-TWO AND  THREE  HUNDRED  FIVE  OF  THE
 SOCIAL  SERVICES  LAW,  WHERE THERE IS A REVOCATION OR SUSPENSION ISSUED
 PURSUANT TO SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND
 TWO HUNDRED SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ARTICLE FORTY-NINE
 OF THE PUBLIC HEALTH LAW, SECTIONS SEVEN HUNDRED ELEVEN,  SEVEN  HUNDRED
 THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED ONE, ONE THOUSAND NINE-
 TY-THREE,  SECTION  THIRTEEN  HUNDRED  THREE AND ARTICLE THIRTEEN OF THE
 REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, RULE THREE HUNDRED  FIVE  AND
 ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES AND ARTICLE
 FOUR OF THE FAMILY COURT ACT. FOR THE PURPOSES OF THIS SECTION THE TERMS
 "FINANCIALLY UNABLE" AND "LOW INCOME" SHALL MEAN AN INDIVIDUAL WHO IS AT
 OR BELOW TWO HUNDRED PERCENT OF THE  FEDERAL  POVERTY  GUIDELINES.  Each
 plan  shall  also  provide  for investigative, expert and other services
 necessary for an adequate defense. The plan shall conform to one of  the
 following:
   §  4.  Subdivision  3 of section 1303 of the real property actions and
 proceedings law, as amended by section 5 of part Q of chapter 73 of  the
 laws of 2016, is amended to read as follows:
   3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
 sion one of this section shall appear as follows:
                    Help for Homeowners in Foreclosure
   New York State Law requires that we send you  this  notice  about  the
 foreclosure process. Please read it carefully.
 Summons and Complaint
   You  are  in danger of losing your home. If you fail to respond to the
 summons and complaint in this foreclosure  action,  you  may  lose  your
 home.  Please read the summons and complaint carefully. You should imme-
 diately contact an attorney or your local legal  aid  office  to  obtain
 advice on how to protect yourself.
 Sources of Information and Assistance

 S. 3300                             9
 
   The  State  encourages  you  to  become informed about your options in
 foreclosure. In addition to seeking assistance from an attorney or legal
 aid office, there are government agencies and  non-profit  organizations
 that  you  may contact for information about possible options, including
 trying  to  work with your lender during this process.  YOU MAY BE ENTI-
 TLED TO ASSIGNED COUNSEL IF YOU ARE FINANCIALLY UNABLE TO OBTAIN  REPRE-
 SENTATION.
   To  locate  an  entity  near  you, you may call the toll-free helpline
 maintained by the New York State Department  of  Financial  Services  at
 (enter number) or visit the Department's website at (enter web address).
   Rights and Obligations
 YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right
 to  stay  in  your  home  during  the  foreclosure  process. You are not
 required to leave your home unless and until your property  is  sold  at
 auction pursuant to a judgment of foreclosure and sale.
 Regardless  of  whether  you  choose  to  remain  in  your home, YOU ARE
 REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accord-
 ance with state and local law.
 Foreclosure rescue scams
   Be careful of people who approach you with offers to "save" your home.
 There are individuals who watch for notices of  foreclosure  actions  in
 order  to  unfairly  profit  from  a homeowner's distress. You should be
 extremely careful about any such promises and any suggestions  that  you
 pay  them a fee or sign over your deed. State law requires anyone offer-
 ing such services for profit  to  enter  into  a  contract  which  fully
 describes  the services they will perform and fees they will charge, and
 which prohibits them from taking any money  from  you  until  they  have
 completed all such promised services.
   §  5. Section 722-c of the county law, as amended by section 3 of part
 J of chapter 62 of the laws of 2003, is amended to read as follows:
   § 722-c. Services other than counsel. Upon a finding in  an  ex  parte
 proceeding  that  investigative,  expert or other services are necessary
 and that the defendant or other person described in section two  hundred
 forty-nine  or  section  two  hundred sixty-two of the family court act,
 article six-C of the correction law [or], section four hundred seven  of
 the surrogate's court procedure act, SECTION SEVEN HUNDRED TWENTY-TWO OF
 THIS  ARTICLE,  SECTIONS  ONE HUNDRED NINETY-SIX-A, FIVE HUNDRED THIRTY-
 EIGHT, SIX HUNDRED TWENTY, SIX HUNDRED TWENTY-ONE, SIX  HUNDRED  TWENTY-
 FOUR,  SIX  HUNDRED  SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE OF THE LABOR
 LAW, SECTIONS TWENTY-TWO AND THREE HUNDRED FIVE OF THE  SOCIAL  SERVICES
 LAW,  WHERE  THERE  IS  A  REVOCATION  OR  SUSPENSION ISSUED PURSUANT TO
 SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND TWO HUNDRED
 SIXTY-ONE OF THE VEHICLE AND TRAFFIC  LAW,  ARTICLE  FORTY-NINE  OF  THE
 PUBLIC  HEALTH  LAW,  SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED THIR-
 TEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED ONE, ONE  THOUSAND  NINETY-
 THREE,  THIRTEEN HUNDRED THREE AND ARTICLE THIRTEEN OF THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW, RULE THREE HUNDRED FIVE AND ARTICLE  SEVEN-
 TY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES, AND ARTICLE FOUR OF THE
 FAMILY COURT ACT, is financially unable to obtain them, the court  shall
 authorize counsel, whether or not assigned in accordance with a plan, to
 obtain the services on behalf of the defendant or such other person. The
 court upon a finding that timely procurement of necessary services could
 not  await prior authorization may authorize the services nunc pro tunc.
 The court shall determine reasonable compensation for the  services  and
 direct payment to the person who rendered them or to the person entitled
 to  reimbursement.  [Only  in  extraordinary circumstances may the court

 S. 3300                            10

 provide for compensation in excess of one thousand dollars per  investi-
 gative, expert or other service provider.]
   Each  claim  for  compensation 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.
   § 6. Section 227 of the vehicle and traffic law is amended by adding a
 new subdivision 7 to read as follows:
   7. A FINANCIALLY UNABLE PERSON WHO IS CHARGED WITH AN OFFENSE PUNISHA-
 BLE BY A REVOCATION OR SUSPENSION OF HIS OR HER DRIVERS'  LICENSE  WHERE
 THE  PERSON  IS DEPENDENT ON DRIVING FOR THEIR EMPLOYMENT OR WHERE THERE
 IS A LACK OF PUBLIC TRANSPORTATION  IN  THE  PERSON'S  SURROUNDING  AREA
 SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE COURT. ASSIGNMENT OF COUN-
 SEL UNDER THIS SECTION SHALL BE IMPLEMENTED AS PROVIDED IN ARTICLE EIGH-
 TEEN-C  OF  THE  COUNTY  LAW.  FOR THE PURPOSES OF THIS SECTION THE TERM
 "FINANCIALLY UNABLE" SHALL MEAN AN INDIVIDUAL WHO IS  AT  OR  BELOW  TWO
 HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
   § 7. Section 261 of the vehicle and traffic law is amended by adding a
 new subdivision 5 to read as follows:
   5.  ASSIGNMENT  OF COUNSEL. A FINANCIALLY UNABLE PERSON WHO IS CHARGED
 WITH AN OFFENSE PUNISHABLE BY A REVOCATION OR SUSPENSION OF HIS  OR  HER
 DRIVERS'  LICENSE  WHERE  THE  PERSON  IS DEPENDENT ON DRIVING FOR THEIR
 EMPLOYMENT OR WHERE THERE IS A LACK  OF  PUBLIC  TRANSPORTATION  IN  THE
 PERSON'S  SURROUNDING AREA SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE
 COURT. ASSIGNMENT OF COUNSEL UNDER THIS SECTION SHALL BE IMPLEMENTED  AS
 PROVIDED  IN  ARTICLE  EIGHTEEN-C OF THE COUNTY LAW. FOR THE PURPOSES OF
 THIS SECTION THE TERM "FINANCIALLY UNABLE" SHALL MEAN AN INDIVIDUAL  WHO
 IS AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
   §  8. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 98-D. CIVIL GIDEON ASSISTANCE FUND. 1. THERE IS  HEREBY  ESTABLISHED
 IN  THE JOINT CUSTODY OF THE COMPTROLLER, OFFICE OF COURT ADMINISTRATION
 AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE  KNOWN
 AS THE CIVIL GIDEON ASSISTANCE FUND.
   2.  SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
 OF SUCH FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO OR  CREDITED  TO
 SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
   3.  A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO THE
 BIENNIAL ATTORNEY FEES TO BE ADDED TO THIS FUND, AS SET FORTH IN SECTION
 FOUR HUNDRED SIXTY-EIGHT-A OF THE JUDICIAL LAW.
   (A) THE PURPOSE OF SUCH FUND SHALL BE TO: (I) ASSIST COUNTIES AND,  IN
 THE  CASE  OF  A  COUNTY  WHOLLY  CONTAINED WITHIN A CITY, SUCH CITY, IN
 PROVIDING LEGAL REPRESENTATION FOR PERSONS WHO ARE FINANCIALLY UNABLE TO
 AFFORD COUNSEL PURSUANT TO ARTICLE EIGHTEEN-C OF THE  COUNTY  LAW;  (II)
 ASSIST  THE  STATE,  IN  IMPROVING  THE  QUALITY OF CIVIL LEGAL SERVICES
 ADDRESSING THE ESSENTIALS OF LIFE AND FUNDING REPRESENTATION PROVIDED BY
 ASSIGNED COUNSEL PAID IN ACCORDANCE  WITH  SECTION  THIRTY-FIVE  OF  THE
 JUDICIARY LAW; (III) PROVIDE SUPPORT FOR THE OPERATIONS, DUTIES, RESPON-
 SIBILITIES AND EXPENSES FOR THE RIGHT TO CIVIL REPRESENTATION COMMISSION
 AND  PANEL ESTABLISHED, RESPECTIVELY, PURSUANT TO THIS ARTICLE; AND (IV)
 PROVIDE FUNDING FOR LEGAL REPRESENTATION AS DESCRIBED HEREIN.
   (B) STATE FUNDS RECEIVED BY A COUNTY OR CITY FROM SUCH FUND  SHALL  BE
 USED TO SUPPLEMENT AND NOT SUPPLANT ANY LOCAL FUNDS WHICH SUCH COUNTY OR
 CITY WOULD OTHERWISE HAVE HAD TO EXPEND FOR THE PROVISION OF COUNSEL AND
 EXPERT,  INVESTIGATIVE AND OTHER SERVICES PURSUANT TO ARTICLE EIGHTEEN-C
 OF THE COUNTY LAW. ALL SUCH STATE FUNDS RECEIVED BY  A  COUNTY  OR  CITY

 S. 3300                            11
 
 SHALL  BE  USED  TO IMPROVE THE QUALITY OF SERVICES PROVIDED PURSUANT TO
 ARTICLE EIGHTEEN-C OF THE COUNTY LAW.
   (C) AS USED IN THIS SECTION, "LOCAL FUNDS" SHALL MEAN ALL FUNDS APPRO-
 PRIATED  OR  ALLOCATED  BY  A  COUNTY OR, IN THE CASE OF A COUNTY WHOLLY
 CONTAINED WITHIN A CITY, SUCH CITY, FOR SERVICES AND EXPENSES IN ACCORD-
 ANCE WITH ARTICLE  EIGHTEEN-C  OF  THE  COUNTY  LAW,  OTHER  THAN  FUNDS
 RECEIVED  FROM:  (I)  THE  FEDERAL  GOVERNMENT  OR  THE STATE; OR (II) A
 PRIVATE SOURCE, WHERE SUCH CITY OR COUNTY DOES  NOT  HAVE  AUTHORITY  OR
 CONTROL OVER THE PAYMENT OF SUCH FUNDS BY SUCH PRIVATE SOURCE.
   3.  AMOUNTS  DISTRIBUTED  FROM  SUCH  FUND SHALL BE LIMITED TO AMOUNTS
 DEEMED APPROPRIATE BY THE OFFICE OF COURT ADMINISTRATION  AND  SHALL  BE
 DISTRIBUTED PROPORTIONATELY BY LEVEL OF NEED AT THE COURT'S DISCRETION.
   (A)  FOR ALL STATE FISCAL YEARS, EACH COUNTY AND THE CITY OF NEW YORK,
 SHALL RECEIVE NINETY PERCENT OF THE AMOUNT PAID TO SUCH  COUNTY  IN  THE
 PREVIOUS FISCAL YEAR.
   (B)  REMAINING  AMOUNTS  WITHIN SUCH FUND, AFTER ACCOUNTING FOR ANNUAL
 PAYMENTS REQUIRED IN THIS SECTION SHALL  BE  DISTRIBUTED  IN  ACCORDANCE
 WITH SECTIONS EIGHT HUNDRED THIRTY-TWO AND EIGHT HUNDRED THIRTY-THREE OF
 THE EXECUTIVE LAW.
   § 9. Subdivision 5 of section 468-a of the judiciary law is renumbered
 subdivision 6 and a new subdivision 5 is added to read as follows:
   5.  A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO THE
 BIENNIAL ATTORNEY FEES TO BE ALLOCATED TO AND BE DEPOSITED INTO  A  FUND
 ESTABLISHED  PURSUANT  TO  THE  PROVISIONS  OF ARTICLE EIGHTEEN-C OF THE
 COUNTY LAW. SUCH SURCHARGE SHALL BE ASSESSED TO EVERY  ATTORNEY  IN  THE
 SAME  MANNER  AS  THE  BIENNIAL FEE DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION.
   § 10. This act shall take effect immediately, and the  appointment  of
 members  to the civil right to counsel commission and the assigned coun-
 sel for civil matters review panel shall be completed within 90 days  of
 such effective date.