What's happening
This bill increases the maximum attorney compensation for representing unemployment insurance claimants on appeal to $2,000 at $75 per hour.
Why it matters
Makes it more financially viable for attorneys to take on unemployment insurance appeals. by increasing both the hourly rate and the maximum cap, potentially leading to better legal representation for claimants who might otherwise struggle to find counsel.
May improve access to justice for unemployed individuals. , as higher allowed fees could incentivize more lawyers to accept these cases, especially for complex appeals that require significant time.
Updates compensation to better reflect inflation and current legal market rates. , addressing the fact that the previous cap ($500) had not been adjusted for decades, which may have discouraged attorney participation.
Cost implications for the state or claimants are limited to new appeals. (cases commenced after the law takes effect), so it does not retroactively increase costs for ongoing or past cases.
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Who cares
Headline styles
Raise Attorney Fees for Appeals
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1276
- Reported and committed to finance
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5199
2017-2018 Regular Sessions
IN SENATE
March 15, 2017
Introduced by Sen. ALCANTARA -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to fees of attorneys assigned to represent claimants on appeals to the appellate division in unemployment insurance cases
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 1 of section 538 of the labor law, as amended by chapter 831 of the laws of 1981, is amended to read as follows:
(d) In addition to any fee which may be allowed by the appeal board for services rendered to the claimant, an attorney representing a claimant shall [be entitled to a fee] receive compensation at a rate of seventy-five dollars per hour and such compensation shall not [to] exceed the sum of [five hundred] two thousand dollars and necessary printing and other disbursements in each of the following cases: (1) On an appeal from a decision of the appeal board in favor of the claimant. (2) On a motion for leave to appeal to the court of appeals from a decision of the appellate division of the supreme court which relates to a decision of the appeal board in favor of the claimant. (3) On an appeal to the court of appeals from a decision of the appellate division of the supreme court which relates to a decision of the appeal board in favor of the claimant. When a claimant takes such appeal, the court shall allow a fee and disbursements only if it finds the appeal to have been meritorious.
§ 2. This act shall take effect immediately; provided, however, it shall apply only to appeals commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08986-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to fees of attorneys assigned to represent claimants on appeals to the appellate division in unemployment insurance cases
This measure is being introduced at the request of Unified Court System on behalf of the Appellate Division, Third Judicial Department.
Under present section 538(1)(d) of the Labor Law, assigned counsel handling appeals to the Appellate Division and to the Court of Appeals in cases arising under the Unemployment Insurance Law are entitled to a fee not exceeding $500. This measure would adjust this level of compensation instead to provide assigned counsel with a fee at the rate of $75 per hour subject to a cap in any one case of $2,000. As adjusted, compensation would continue to be funded by the State through the court system budget.
If enacted, this would be the first adjustment in the attorney fee for assigned counsel in these cases in nearly 35 years. Not since the 1981 legislative session, when the fee was raised to the present level, has there been any change or, to our knowledge, any effort to promote a change. This is notwithstanding that other State-paid assigned counsel, under section 35 of the Judiciary Law, have received two adjustments in their authorized level of compensation during that time{1}, as have attorneys for the child{2} and assigned counsel in criminal cases{3}.
This measure, which would take effect immediately, would have a minimal cost impact upon the State. Over the past five years, there have been fewer than 50 assignments of counsel to Unemployment Insurance Law appeals annually (fewer than 25 such assignments in all but one of those years). Assuming this trend continues, we estimate that this measure will cost somewhere between $35,000 and $75,000 annually.
2015-16 LEGISLATIVE HISTORY :
OCA 2015-4 Assembly 7515 (M. of A. Titus) {reported ref to Ways & Means}
{1} Section 35 authorizes the assignment of counsel, at State expense, in a variety of civil proceedings in trial and appellate courts. In 1987, the fee to which such counsel was entitled on appeal was increased from $25 to $40 per hour for out-of-court work (to match the existing $40 per hour fee for in-court appellate work), subject to an $800 cap. L. 1987, c. 317. Sixteen years later, that fee was increased, along with the fee for in-court work, to $75 per hour, subject to a $4,400 cap.. L. 2003, c. 62, pt. J, § 5.
{2} Formerly law guardians. See Family Court Act § 245. Their compensation also is paid by the State.
{3} L. 1987, c. 317; L. 2003, c. 62, pt. J, § 2. Their compensation is paid by local governments.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.