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A5202Assembly2019-2020 SessionSame asS5012

Equal Pay for Appointed Counsel

Official title

“Provides counsel appointed in the supreme court or surrogate's court for certain family matters shall be compensated in the same manner as certain law guardians”

Sponsor Latrice WalkerAD-55+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill increases compensation for court-appointed counsel in certain family matters in supreme and surrogate's courts to match family court rates.

Why it matters

  1. Reduces disparities in pay for court-appointed attorneys. by ensuring those representing clients in supreme and surrogate's courts for certain family matters are compensated at the same rates as those in family court, potentially leading to fairer access to quality representation regardless of court venue.

  2. May improve the quality and availability of legal representation. for children and families in supreme and surrogate's court cases, as higher compensation could attract more experienced attorneys to accept court-appointed cases.

  3. Applies retroactively to ongoing cases. , not just new ones, meaning families and attorneys involved in current proceedings could benefit from increased compensation rates immediately, potentially impacting ongoing legal strategies and resources.

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Who cares

Headline styles

Equal Pay for Appointed Counsel

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Latrice Walker

Assembly Member · Assembly District 55

Chair, Election Law

1 Multi-sponsor

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5012Senate

Equal Pay for Appointed Counsel

In Senate Committee · Judiciary · Sponsor Kevin S. Parker

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5202

2019-2020 Regular Sessions

IN ASSEMBLY

February 7, 2019

Introduced by M. of A. WALKER -- read once and referred to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to the fee rates for counsel appointed in the supreme court or surrogate's court for certain family matters

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 7 of section 35 of the judiciary law, as amended by chapter 41 of the laws of 2010, is amended to read as follows:

7. Whenever the supreme court or a surrogate's court shall appoint counsel in a proceeding over which the family court might have exercised jurisdiction had such action or proceeding been commenced in family court or referred thereto pursuant to law, and under circumstances whereby, if such proceeding were pending in family court, such court would be authorized by section two hundred forty-nine of the family court act to appoint an attorney for the child, such counsel shall be compensated [in accordance with the provisions of this section] and allowed expenses and disbursements in the same amounts as established by section two hundred forty-five of the family court act.

§ 2. This act shall take effect immediately and shall apply to applications or proceedings pending on or after its effective date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05912-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.