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This entry was published on 2014-09-22
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SECTION 722-B
Compensation and reimbursement for representation
County (CNT) CHAPTER 11, ARTICLE 18-B
§ 722-b. Compensation and reimbursement for representation. 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
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
representation 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

(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. 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.