What's happening
This bill changes how court-appointed counsel are compensated in certain family matters, aligning their fees with those in family court.
Why it matters
Ensures consistent compensation. for court-appointed attorneys handling certain family-related cases in Supreme or Surrogate’s Courts, matching the fee structure used in Family Court, which could help attract and retain qualified counsel for these sensitive matters.
Promotes fairness and parity. for attorneys, correcting a previous discrepancy where lawyers appointed in Supreme or Surrogate’s Courts for similar family law cases were paid differently than those in Family Court.
May improve representation quality for children and families. by standardizing attorney compensation, potentially reducing turnover or reluctance among experienced lawyers to take on these appointments.
Applies immediately and retroactively to pending cases. , meaning families and attorneys involved in ongoing proceedings could see changes in representation costs or attorney availability right away.
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Who cares
Headline styles
Equal Pay for Appointed Counsel
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- 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.
Equal Pay for Appointed Counsel
In Assembly Committee · Judiciary · Sponsor Latrice Walker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5012
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To provide that 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.
Summary of specific provisions
Section 1 of the bill amends subdivision 7 of section 35 of the judici- ary law as it relates to counsel appointed family matters shall be compensated in the same manner as certain law guardians.
Justification
Law guardians who are appointed to evaluate, protect, and report to the Court on the best interests of the child/children in a litigated proceeding in the Supreme Court deserve to be compensated in the same manner as law guardians in the Family Courts of New York State.
Prior legislative history
2017-18: S2226 - REFERRED TO JUDICIARY 2015-2016: S.2638 2013-2014: S.5494 2011-2012: A.6792 2009-2010: A.1609 2007-2008: A.8905 2005-2006: A.9278
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect immediately and shall apply to applications or proceedings pending on or after its effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.