Senate Bill S8771

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8771
 
                             I N  S E N A T E
 
                              March 11, 2024
                                ___________
 
 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 and the judiciary  law,  in  relation  to
   setting hourly rates for persons representing certain persons in court
   or before a magistrate
 
   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 1 of
 part GG of chapter 56 of the laws of 2023, is amended 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 ONE HUNDRED FIFTY-EIGHT DOLLARS PER HOUR FOR TIME
 EXPENDED IN COURT OR BEFORE A MAGISTRATE,  JUDGE  OR  JUSTICE,  AND  ONE
 HUNDRED FIFTY-EIGHT 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 one hundred  [fifty-eight]  SIXTY-FOUR  dollars  per
 hour  for  time  expended in court before a magistrate, judge or justice
 and one hundred [fifty-eight]  SIXTY-FOUR  dollars  per  hour  for  time
 reasonably  expended  out  of court, and shall receive reimbursement for
 expenses reasonably incurred.
   1-A. (A) THE HOURLY RATES SET BY PARAGRAPHS (A) AND (B) OF SUBDIVISION
 ONE OF THIS SECTION SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL FIRST OF
 EACH YEAR, BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14793-01-4
              

 S. 8771                             2
 
   (B) THE HOURLY RATE FOR REPRESENTATION ESTABLISHED UNDER PARAGRAPH (A)
 OF SUBDIVISION ONE OF THIS SECTION SHALL BE ADJUSTED TO  EQUAL  NO  LESS
 THAN EIGHTY PERCENT OF THE HOURLY RATE CALCULATED UNDER PARAGRAPH (C) OF
 THIS SUBDIVISION, ROUNDED TO THE NEAREST DOLLAR.
   (C) THE HOURLY RATE FOR REPRESENTATION UNDER PARAGRAPH (B) OF SUBDIVI-
 SION  ONE  OF  THIS  SECTION SHALL BE ADJUSTED ANNUALLY TO EQUAL NO LESS
 THAN THE HOURLY RATE PAID TO ASSIGNED COUNSEL IN  NON-CAPITAL  CASES  IN
 FEDERAL  DISTRICT  COURT  PURSUANT TO 18 U.S.C. § 3006A AND RELATED LAWS
 AND REGULATIONS FOR THE CALENDAR YEAR TWO YEARS PRIOR.
   2. (A) Except as  provided  in  subdivision  three  of  this  section,
 compensation  for  time expended in providing representation pursuant to
 subdivision one of this section shall not exceed ten  thousand  dollars,
 PROVIDED  THAT  SUCH  FIGURE SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL
 FIRST OF EACH YEAR, BEGINNING IN THE YEAR TWO THOUSAND TWENTY-SIX.
   (B) FOR REPRESENTATION UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF  THIS
 SECTION,  THE  CASE  COMPENSATION  MAXIMUM SHALL BE ADJUSTED ANNUALLY TO
 EQUAL NO LESS THAN EIGHTY  PERCENT  OF  THE  CASE  COMPENSATION  MAXIMUM
 CALCULATED UNDER PARAGRAPH (C) OF THIS SUBDIVISION, ROUNDED TO THE NEAR-
 EST DOLLAR.
   (C)  FOR REPRESENTATION UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
 SECTION, THE CASE COMPENSATION MAXIMUM SHALL  BE  ADJUSTED  ANNUALLY  TO
 EQUAL NO LESS THAN THE CASE COMPENSATION MAXIMUM FOR ASSIGNED COUNSEL IN
 NON-CAPITAL  CASES  IN  FEDERAL  DISTRICT  COURT PURSUANT TO 18 U.S.C. §
 3006A AND RELATED LAWS AND REGULATIONS FOR THE CALENDAR YEAR  TWO  YEARS
 PRIOR.
   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] SUCH COUNSEL is assigned without approval of the  court
 as herein provided.
   §  2.  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  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]  SUCH
 COUNSEL  is  assigned  without approval of the court as herein provided.
 Whenever it appears that such person is financially able to obtain coun-
 sel 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.  Counsel  assigned  hereunder  shall  at  the conclusion of the
 representation receive compensation at a rate of one hundred fifty-eight
 dollars per hour for time expended in court, and one hundred fifty-eight
 dollars per hour for time reasonably expended out of  court,  and  shall
 receive  reimbursement  for  expenses reasonably incurred, PROVIDED THAT
 SUCH FIGURE SHALL BE ADJUSTED ANNUALLY, EFFECTIVE APRIL  FIRST  OF  EACH
 YEAR,  TO  EQUAL NO LESS THAN THE HOURLY RATE CALCULATED UNDER PARAGRAPH
 S. 8771                             3
 
 (B) OF SUBDIVISION ONE-A OF SECTION SEVEN HUNDRED  TWENTY-TWO-B  OF  THE
 COUNTY LAW.
   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 thousand dollars. For representation
 in an appellate court, compensation and reimbursement shall be fixed  by
 such  court and such compensation shall not exceed ten thousand dollars,
 PROVIDED THAT SUCH FIGURE SHALL BE ADJUSTED  ANNUALLY,  EFFECTIVE  APRIL
 FIRST  OF EACH YEAR, TO EQUAL NO LESS THAN THE CASE COMPENSATION MAXIMUM
 CALCULATED UNDER PARAGRAPH (C)  OF  SUBDIVISION  TWO  OF  SECTION  SEVEN
 HUNDRED  TWENTY-TWO-B OF THE COUNTY LAW.  In extraordinary circumstances
 the court may provide  for  compensation  in  excess  of  the  foregoing
 limits.
   § 3. This act shall take effect April 1, 2025.