S T A T E O F N E W Y O R K
________________________________________________________________________
8361--A
2023-2024 Regular Sessions
I N A S S E M B L Y
December 13, 2023
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on Judiciary -- recommitted to the Committee on Judiciary in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the family court act, in relation to the timing of
proceedings; to amend the county law and the judiciary law, in
relation to the compensation of assigned counsel; and to amend the
civil practice law and rules, in relation to authorizing a trial by
jury in family court for trying matters of fact
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The family court act is amended by adding a new section
169-a to read as follows:
§ 169-A. PROCEEDINGS; TRANSCRIPT. IN ANY PROCEEDING OR HEARING
COMMENCED PURSUANT TO THE SOCIAL SERVICES LAW IN WHICH THE FAMILY COURT
HAS EXERCISED JURISDICTION OR PURSUANT TO THIS CHAPTER, ALL TRANSCRIPTS
OF SUCH PROCEEDINGS OR HEARINGS SHALL BE PROVIDED TO EACH PARTY TO THE
CASE WITHIN FIVE DAYS OF SUCH PROCEEDING OR HEARING.
§ 2. Section 249-b of the family court act is amended by adding a new
subdivision (c) to read as follows:
(C) 1. ON OR BEFORE THE TENTH DAY OF THE MONTH NEXT SUCCEEDING THE
MONTH IN WHICH ANY ACTIVITIES OR COMMUNICATIONS OCCURRED, ALL ATTORNEYS
FOR CHILDREN SHALL SUBMIT UN-REDACTED COPIES OF INVOICES SUBMITTED FOR
PAY TO THE PARTIES OF THE RESPECTIVE CASES AND TO THE COURT. FAILURE TO
SUBMIT SUCH INVOICES SHALL RESULT IN NONPAYMENT OF SUCH INVOICES.
2. ATTORNEYS FOR CHILDREN SHALL MEET MONTHLY WITH BOTH PARENTS OR
GUARDIANS AND SUBMIT A REPORT, INCLUDING, BUT NOT LIMITED TO EACH MEET-
ING, THE NON-CONFIDENTIAL, SUBSTANTIVE PORTION OF ANY MEETINGS AND ANY
COMMUNICATIONS WITH THE PARTIES AND THE CHILD OR CHILDREN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13524-02-4
A. 8361--A 2
3. THE ATTORNEY GENERAL SHALL ESTABLISH A PROCEDURE FOR ANY PARTY TO
FILE A COMPLAINT FOR ANY VIOLATION BY AN ATTORNEY FOR CHILDREN.
§ 3. Subdivisions 1 and 2 of section 722-b of the county law, as
amended by section 1 of part GG of chapter 56 of the laws of 2023, are
amended to read as follows:
1. All counsel assigned in accordance with a plan of a bar association
conforming to the requirements of section seven hundred twenty-two of
this article whereby the services of private counsel are rotated and
coordinated by an administrator shall at the conclusion of the represen-
tation receive for representation of a person in all cases governed by
this article, including all representation in an appellate court,
compensation at a rate of [one] TWO hundred [fifty-eight] dollars per
hour for time expended in court before a magistrate, judge or justice
and [one] TWO hundred [fifty-eight] dollars per hour for time reasonably
expended out of court, and shall receive reimbursement for expenses
reasonably incurred. COUNSELS SHALL PROVIDE THE PARTY TO WHOM THE
ATTORNEYS REPRESENT, WITH A COPY OF THEIR ITEMIZED, NONREDACTED,
INVOICES ON A MONTHLY BASIS WITHIN TEN DAYS FOLLOWING THE MONTH IN WHICH
SERVICES ARE INCURRED.
2. Except as provided in subdivision three of this section, compen-
sation for time expended in providing representation pursuant to subdi-
vision one of this section shall not exceed [ten] TWENTY thousand
dollars.
§ 4. Subdivision 3 of section 35 of the judiciary law, as amended by
section 3 of part GG of chapter 56 of the laws of 2023, is amended to
read as follows:
3. a. No counsel assigned pursuant to this section shall seek or
accept any fee for representing the person for whom he or she is
assigned without approval of the court as herein provided. Whenever it
appears that such person is financially able to obtain counsel or make
partial payment for the representation, counsel may report this fact to
the court and the court may terminate the assignment or authorize
payment, as the interests of justice may dictate, to such counsel. Coun-
sel assigned hereunder shall at the conclusion of the representation
receive compensation at a rate of [one] TWO hundred [fifty-eight]
dollars per hour for time expended in court, and [one] TWO hundred
[fifty-eight] dollars per hour for time reasonably expended out of
court, and shall receive reimbursement for expenses reasonably incurred.
b. For representation upon a hearing, compensation and reimbursement
shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed [ten] TWENTY thousand dollars. For repre-
sentation in an appellate court, compensation and reimbursement shall be
fixed by such court and such compensation shall not exceed [ten] TWENTY
thousand dollars. In extraordinary circumstances the court may provide
for compensation in excess of the foregoing limits.
§ 5. The civil practice law and rules is amended by adding a new
section 4101-a to read as follows:
§ 4101-A. DETERMINATION OF FACTUAL ISSUE; FAMILY COURT. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, ANY PARTY INVOLVED IN A DISPUTE
BEFORE THE FAMILY COURT SHALL HAVE THE RIGHT TO REQUEST A TRIAL BY JURY
FOR DETERMINATION OF ANY FACTUAL ISSUE. SUCH A RIGHT SHALL BE INVOKED IN
ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE APPROPRIATE JUDICIAL
AUTHORITY, BUT IN NO EVENT SHALL A PARTY BE DENIED THIS RIGHT IF
REQUESTED IN A TIMELY MANNER.
2. THE SELECTION AND COMPOSITION OF THE JURY FOR FAMILY COURT CASES
SHALL BE CONSISTENT WITH THE PROCESSES PURSUANT TO THIS ARTICLE.
A. 8361--A 3
3. IN CASES WHERE A TRIAL BY JURY IS REQUESTED, THE JURY'S ROLE SHALL
BE LIMITED TO MAKING FACTUAL DETERMINATIONS. LEGAL CONCLUSIONS, AND THE
APPLICATION OF THOSE FACTS TO THE RELEVANT LAWS AND STANDARDS, SHALL
REMAIN WITHIN THE DISCRETION OF THE PRESIDING JUDGE.
4. THE PRESIDING JUDGE SHALL PROVIDE THE JURY WITH CLEAR INSTRUCTIONS
CONCERNING THE FACTUAL ISSUES THEY ARE TO DECIDE, ENSURING THAT ANY
DETERMINATION ALIGNS WITH THE BEST INTERESTS OF ANY INVOLVED MINORS OR
OTHER RELEVANT LEGAL STANDARDS.
5. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH STAKEHOLD-
ERS INCLUDING, BUT NOT LIMITED TO, FAMILY LAW PRACTITIONERS, CHILD
WELFARE EXPERTS, AND OTHER RELEVANT PARTIES, SHALL DEVELOP AND IMPLEMENT
GUIDELINES AND PROCEDURES FOR ENSURING THE RIGHT TO A TRIAL BY JURY IN
FAMILY COURT PROCEEDINGS.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.