Senate Bill S3636

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3636
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced by Sens. BAILEY, BROUK, COMRIE, COONEY, HARCKHAM, HOYLMAN-SI-
   GAL,  JACKSON, KAVANAGH, KRUEGER, LANZA, MAY, MYRIE, PALUMBO, SALAZAR,
   SEPULVEDA -- 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
   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 1 of
 part  GG  of  chapter  56  of  the  laws  of 2023, 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 for representation of a person in all  cases  governed  by  this
 article,  including  all  representation  in an appellate court, compen-
 sation at a rate of one hundred fifty-eight dollars per  hour  for  time
 expended  in court 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.
   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 thousand dollars.] HOUR-
 LY  COMPENSATION  TO  BE  RECEIVED  PURSUANT  TO 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07762-01-5
 S. 3636                             2
              

 
   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. Section 722-e of the county law, as amended by section 11 of part
 VVV of chapter 59 of the laws of 2017, is amended to read as follows:
   § 722-e. Expenses. 1. All expenses for providing counsel and  services
 other  than counsel hereunder shall be a county charge or in the case of
 a county wholly located within a city a city charge to be paid out of an
 appropriation for such purposes. Provided, however, that any such  addi-
 tional  expenses incurred for the provision of counsel and services as a
 result of the implementation of a plan established pursuant to  subdivi-
 sion  four  of  section  eight  hundred thirty-two of the executive law,
 including any interim steps taken to implement such plan, shall be reim-
 bursed by the state to the county or city providing such services.  Such
 plans shall be submitted by the office of indigent legal services to the
 director of the division of budget for review and  approval.    However,
 the  director's approval shall be limited solely to the plan's projected
 fiscal impact of the required appropriation for  the  implementation  of
 such plan, and [his or her] SUCH DIRECTOR'S approval shall not be unrea-
 sonably  withheld.  The  state  shall  appropriate  funds  sufficient to
 provide for the reimbursement required by this section.
   2. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT  TO  PARA-
 GRAPH  (A)  OF  SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF
 THIS ARTICLE IN EXCESS OF SIXTY DOLLARS PER HOUR AND  PARAGRAPH  (B)  OF
 SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-TWO-B OF THIS ARTICLE IN
 EXCESS OF SEVENTY-FIVE DOLLARS PER HOUR SHALL BE FUNDED BY THE STATE.
   §  3.  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]  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.  FOR REPRESEN-
 TATION UPON A HEARING, COMPENSATION AND REIMBURSEMENT SHALL BE FIXED  BY
 THE COURT WHEREIN THE HEARING WAS HELD.
   [b.  For representation upon a hearing, compensation and reimbursement
 shall be fixed by the court  wherein  the  hearing  was  held  and  such
 S. 3636                             3

 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.
 In extraordinary circumstances the court may provide for compensation in
 excess of the foregoing limits.]
   §  4.  Section  35  of  the judiciary law is amended by adding two new
 subdivisions 9 and 10 to read as follows:
   9. HOURLY COMPENSATION TO BE RECEIVED PURSUANT TO SUBDIVISION THREE 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.
   10. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
 VISION THREE OF THIS SECTION SHALL BE FUNDED BY THE STATE.
   § 5. This act shall take effect April 1, 2027. 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.